The approach Uber, Lyft and delivery service platforms take when dealing with accidents varies based on driver activity with the app. For drivers whose rideshare app is on and they can accept rides or are in the process of going to or dropping off a passenger/delivery, both their rideshare insurance and the driver’s personal insurance policy will be in effect at the time of the accident.
Uber and Lyft do not claim liability for any accidents that happen when drivers are not logged into the app and actively working. However, if you are an Uber or Lyft passenger, certain types of accidents may be covered under the Rideshare platform’s insurance policy. The liability coverage is especially important for the drivers and passengers of other vehicles who are struck by the rideshare driver.
Uber and Lyft rideshare insurance policies include $1 million of total liability coverage. There’s also individual personal auto coverage that each driver must maintain according to state limits.
If you’ve been injured in an accident with a rideshare driver or were a passenger during an accident, any of these insurance funds could go toward potential settlement compensation.
In Ohio, there are state-mandated policy minimums for Uber and Lyft drivers. While logged into the app, drivers must carry:
These limits are the same as what Uber and Lyft offer when drivers are logged into the app and available to accept ride requests but have yet to do so. When drivers have accepted a rider and are on their way to pick them up or when they are in the active process of transporting a paying passenger, they maintain the rideshare insurance of $1 million of third-party liability, contingent comprehensive and collision coverage and first-party uninsured/underinsured motorist coverage. Uber delivery driver have similar coverage minus the uninsured/underinsured motorist addition.
Uber and Lyft accident claims will be evaluated based on who or what caused the accident. If your driver caused the accident, then the claim will be made against their auto insurance policy and potentially the rideshare insurance as well.
Types of accidents you may be compensated for include:
A claim is only valid if you suffered some amount of harm or injury. This may be physical, mental or emotional from the effects of trauma. Injuries and property damage will need to be thoroughly documented to support your claim, which is why it’s vitally important to see a doctor as soon as possible after a crash.
If you’re injured while riding in an Uber or Lyft and make a claim, both the individual driver’s personal insurance and the rideshare insurance would be effective at the time of the accident. It may be difficult to prove that your driver caused the accident, but to be compensated through the rideshare company’s higher policy limits, it is necessary.
There may be exceptions in some circumstances where the at-fault driver who hit the rideshare you were traveling in at the time was uninsured or underinsured. You may benefit from consulting with an attorney in circumstances where fault or coverage are unclear.
You may be required to prove driver negligence or lack of awareness caused your injuries. With the help of an experienced rideshare accident lawyer, you can gather evidence to support your claim and increase your chance to recover funds that may be available to you.
If you’re injured as a pedestrian or a bystander, whether or not you can make a claim against the company will depend on if the driver is logged into the app or on the clock. If they aren’t on duty, the rideshare insurance will not be in effect at the time of the accident.
Rideshare drivers are classified as independent contractors. This means they’re not protected by rideshare insurance at all times. If you’re injured by an Uber or Lyft driver “off the clock,” you will need to connect with the driver and exchange their personal insurance details.
Accidents that involve other vehicles may complicate your claim. Ohio utilizes comparative negligence doctrine to determine the percentage of fault for the parties involved.
If other vehicles or drivers are more at fault than the Uber driver, your claim may need to be filed with the other party’s insurance rather than the rideshare company. However, if your rideshare driver is deemed at fault, logged into the app at the time of the accident and has accepted a passenger or is in the process of driving a passenger, then Uber or Lyft insurance policy will be liable for damages.
Have you been injured by a rideshare driver or suffered harm as a result of an accident in an Uber or Lyft? Our rideshare accident lawyers are here to help. While rideshare companies may not want to pay out all that they owe, you deserve access to any resources that may be available to you to go toward your recovery. Let the Buckeye Law Group handle your case.
For a free consultation, call 1-800-411-PAIN and connect with one of our attorneys today.
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