Indianapolis Uber Accident Lawyer
Ridesharing has quickly become a popular way to get around town, and with the rise in popularity of services like Uber and Lyft, more and more people are using these services daily. While ridesharing offers a convenient and affordable way to get around, it can also be dangerous.
Rideshare accidents can occur when drivers are not paying attention when driving under the influence of drugs or alcohol or are simply not experienced drivers.
Passengers who use ridesharing services are not only at risk of being injured in an accident but so are other drivers on the road. Rideshare drivers are considered independent contractors, meaning they do not require adequate insurance coverage to protect passengers and other motorists.
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Inadequate insurance can leave victims injured in an accident without recourse to recover damages.
Contact us today for a free consultation. All confidential or sensitive information you share with our legal team will remain private under an attorney-client relationship.
What are Ridesharing Services?
Ridesharing services are a relatively new concept that has taken the world by storm. Essentially, ridesharing companies connect drivers with passengers, allowing riders to hail a car with the push of a button.
The public can access rideshare services through an app on their smartphone or another electronic device. The potential customer can hail Uber and Lyft drivers through the app and see they are en route by looking at the map on their device.
Ridesharing drivers work independently as contractors using their private cars (ridesharing vehicles) to pick up passengers from the online ride request. Ridesharing companies, such as Uber and Lyft, provide minimal insurance for both the driver and the passenger in case of an accident.
What to Do if You’re Injured in a Rideshare Accident
If you’re injured in a rideshare collision, your first step should be to seek medical attention. Even if you don’t think you’re injured, it’s essential to get checked out by a doctor.
Many injuries aren’t immediately apparent, and you can document any injuries resulting from the crash by seeking medical attention.
- Always contact the police and file a report.
- Gather evidence from the scene.
- Collect information from the rideshare driver
- Notify your insurance company.
- Contact an attorney.
- Keep evidence like clothing, receipts, and pictures.
- Don’t speak to the other driver’s insurance carrier without a personal injury attorney.
My Rideshare Accident Damages: Who is Insured? The Uber or Lyft Driver, The Rideshare Vehicle, or the Rideshare Company?
When you are injured in a car accident, one of the first things you need to determine is who is responsible for your injuries and damages.
Responsibility is straightforward in many car accident cases – the other vehicle’s driver is liable. However, things can get a bit more complicated when it comes to rideshare accidents.
If you are injured in an accident while riding in a rideshare car, there are three potential liable parties:
- The Uber or Lyft driver
- The ride-sharing company
- The vehicle owner
Each party may be responsible for your injuries and damages, and it can be challenging to determine who is ultimately accountable.
One clear thing is that drivers for Uber and Lyft work independently as contractors, not employees of the companies. Contracting work means that the companies’ insurance policies do not cover them. Instead, they are protected by personal insurance policies.
Whose Insurance Applies to My Rideshare Accident?
If the driver has a personal insurance policy, it will likely be the primary source of coverage. However, many private insurance liability policies exclude coverage for car accidents while the vehicle is used for commercial purposes.
This means that if the driver’s personal insurance policy excludes coverage for accidents that occur while the vehicle is used for ridesharing, the rideshare company’s insurance policy would be the next source of coverage.
The problem is that many rideshare companies’ policies only provide limited coverage. They often exclude accidents that occur while the Uber and Lyft driver is en route to pick up a passenger or wait for a request.
This confusion leaves injured victims of rideshare accidents in a difficult position, as they may not have any source of insurance coverage to pay for their injuries and damages. If you’ve been injured in a rideshare accident, it’s essential to speak with Uber and Lyft accident attorneys who can review liability coverage policies with everyone involved.
If you are injured in an accident while riding in a rideshare car, your best option for recovering damages is to file an insurance claim with the driver’s insurer. The ride-sharing company may also be liable for your injuries, but it will likely be challenging to recover maximum compensation from them.
The Three Conditions Involving Uber and Lyft Insurance Policy Payouts
The First Condition
In vehicle accident cases involving a Lyft or Uber driver, understanding where the Uber or Lyft vehicle was doing at the time of the crash will determine the level of coverage. Only their limited liability coverage applies if the accident happens when the driver is waiting for an online app ride request.
Typically, the fair compensation would be $50,000 per person in medical expenses. The policy should also cover $25,000 for property damage and up to $100,000 for each person involved in the Collision.
The Second Condition
Suppose the accident occurred when the driver approached the designated pick-up area to meet the passenger. In that case, the Uber company insurance policy should cover up to $1 million in total liability protection.
The Third Condition
If the accident happened while the passenger was riding in the vehicle, the insurance policy should pay up to $1 million per person involved.
Can the Insurance Company Deny My Rideshare Car Accident Claim?
You are involved in an accident and filed a rideshare accident claim against Uber/Lyft and the driver! After taking legal action to recover compensation for your damages, you learn that the insurer has denied your claim.
What do you do now?
Understand why your claim was denied and if there are any options for appealing the decision. An insurer sometimes will deny a claim because they believe the policy did not cover the accident.
In other cases, the insurer may argue that you are not entitled to recover damages because you were partially at fault for the Uber/Lyft accident.
Have you been involved in a rideshare accident? Speak with experienced accident lawyers. The attorney will conduct a free case review of every insurance policy and help you determine if you have grounds for appealing the denial of your claim.
What if the Uber or Lyft Driver Was not Logged Into the app at the Time of the Accident?
Can you still file a claim if the driver was not logged into the app at the time of the accident? The answer is yes.
However, note that you may have difficulty recovering damages from the rideshare company if the driver was not logged into the app. The company may argue that they are not liable for the crash since the driver was not working when the accident occurred.
What an Indianapolis Car Accident Lawyer Specializing in Rideshare Accident Cases Can Do for You
Most car accident cases involving Uber/Lyft drivers operating rideshare vehicles are complicated. Many parties are involved, and it can be challenging to determine who is liable for your injuries and damages.
Recovering compensation after a rideshare accident might seem impossible, but an experienced car accident lawyer can help.
Your personal injury attorney will review your case and help you understand your legal options. If you have a valid claim, your attorney will negotiate with the insurance companies on your behalf to help you recover the maximum compensation you are owed.
Don’t try to handle a rideshare accident claim alone – contact experienced Uber/Lyft accident lawyers to schedule a consultation. A reputable car accident attorney will offer a free consultation to help you seek compensation and accept cases on a contingency fee basis, meaning you don’t pay them if they don’t win.
Conclusion
If you have been involved in a Lyft or Uber car accident, it’s essential to understand the Uber/Lyft’s insurance policy that applies to your case. In most cases, you can recover compensation from either the Uber/Lyft company’s or the driver’s personal insurance policy.
However, speaking with experienced personal injury attorneys who can review your case and help you understand your legal options is crucial for a fair settlement. An attorney can also negotiate with the insurance companies on your behalf to help you recover the fair compensation you are owed.