Uber Accident Attorney | Lyft Accident Attorney
Uber and Lyft accident liability is complicated by a number of factors. When an employee for a commercial trucking company gets into an accident, their employer is legally responsible for their actions while they’re working. A rideshare company driver, on the other hand, is not an employee at all. They are an independent contractor. Nonetheless, state legislatures have pressured companies like Uber into providing their drivers with commercial insurance. But Uber or Lyft liability insurance may not always be in effect. For instance, since Uber drivers drive their own vehicles, the Uber liability policy cannot cover the driver while they’re on their way to pick up groceries.
So how do Uber and Lyft liability policies work? What should you do if you were in a ridesharing accident? An Lafayette IN Uber accident attorney / Lyft accident attorney can help you recover damages for your injuries. Contact Hall-Justice Law Firm today to learn more.
How Do Uber and Lyft Liability Policies Work?
What events trigger a commercial liability policy? Technically, as soon as a passenger accepts a ride, the commercial policy should go into effect, and will stay in effect until the Uber driver has dropped their passenger off. So, in situations where the Uber driver has a passenger in the car, the driver would be covered by Uber or Lyft’s $1 million auto insurance policy. If the driver is idling or otherwise not acting on behalf of their company, the driver’s own auto insurance would cover any property damage or injuries.
But what happens if the driver is on their way to pick up a passenger and gets into an accident before reaching them? This is murky territory. Technically, the commercial policy should have gone into effect as soon as the driver accepted the fare. However, if the driver gets into an accident on their way to pick up the passenger, the passenger will likely cancel the request.
This leads to a fuzzy area concerning which policy is in effect. Neither insurance company is going to want to pay for any damage caused by their policyholder and both may claim that the other is responsible for picking up the tab. In other words, you’ll end up getting the run-around.
Further complicating matters, some auto insurance companies will not cover drivers who use their vehicles for ridesharing purposes. If the driver has violated the terms of their policy and rideshare policy refuses to cover your damages, you can find yourself in quite a pickle.
What Happens If the Rideshare Insurance Company Refuses to Pay?
This is why it helps to have an Uber accident attorney or Lyft accident attorney litigate your claim. If the driver’s own auto insurance policy won’t pick up the tab and the rideshare company’s company policy is claiming they were not covered at the time of the accident, you still have options available.
The first option is to fight the denial issued by the rideshare company. In this case, your attorney will need to show that rideshare company’s insurance adjuster is illegally denying your claim. We will have to go over the terms of the policy and prove that the driver had accepted a fare. If the insurance company still denies the claim, we can take them to court.
Your other option is to sue the driver directly. If the Uber driver had his own insurance policy this may force that insurance company to cover the damage he caused. If the driver does not have insurance then this is usually not the best option. The extent to which a lawsuit is successful is the extent to which the negligent uninsured driver has assets worth drawing from. Rideshare drivers are not known for their valuable assets. It’s obviously better to force one or the other insurance company to cover your damages.
What If I’m a Passenger?
Passengers have coverage under Uber and Lyft’s insurance policies. But there is still a question of fault. In a tort state like Indiana, the at-fault driver’s insurance policy is responsible for paying damages to the injured parties. If the rideshare company’s driver is at fault, then the company’s insurance policy will pay to compensate for the damage their driver caused. If the other driver is at fault, it is their own insurance policy that will be paying your damages.
Speak to a Lafayette IN Uber Accident Attorney / Lyft Accident Attorney Today
Accidents involving rideshare companies are complex, involving both confusing liability factors as well as multiple insurance companies that will be trying to give you the run-around. At Hall-Justice Law Firm, we can provide you with the honest and aggressive representation you need. Contact us today to speak to a Lafayette IN Uber accident attorney / Lyft accident attorney.