Determining Liability for Damages in Ridesharing Accidents

liability in ridesharing accidentsRidesharing companies like Uber and Lyft have become popular among Ontario residents. While these services are an affordable alternative for passengers compared to taking a cab and a way to earn some extra cash as a driver, accidents can still happen using these services. It can be difficult to determine who is liable for damages stemming from ridesharing accidents.

Our Windsor car accident lawyers explain insurance coverage requirements for rideshare passengers and drivers and what to do if injured in an accident while using a rideshare service. Let us discuss your legal options in a free consultation.

Insurance Coverage for Rideshare Passengers and Drivers

The personal auto insurance policies that rideshare drivers have do not typically cover rideshare accidents. Most insurance policies will contain language that disclaims coverage during this type of activity.

Instead, the rideshare company’s policy applies from the time that a driver logs into the ridesharing app and continues until the passenger is dropped off. However, different policy limits apply at different intervals during the rideshare transaction. Uber’s liability insurance is structured as follows:

  • App is in use until passenger’s request is made – up to $1 million in coverage
  • Driver is driving to the passenger’s location until the passenger is dropped off – up to $2 million in coverage

Your own insurance can also help cover some of the expenses that you sustained.

Damages Available in Ridesharing Accidents

Ridesharing accidents may result in serious damages, which represent the economic and non-economic costs you incur because of the accident. An experienced lawyer could help identify the damages that you have sustained and fight for a fair amount of compensation for the damages you suffered, such as:

  • Emergency medical care
  • Physical therapy costs
  • Chiropractic care expenses
  • Prescription medication expenses
  • Medical devices and medical equipment
  • Costs to pay for replacement services
  • Lost wages
  • Lost earning capacity
  • Pain and suffering

What to Do After Being Injured in a Rideshare Accident

Since liability issues can often get complicated in rideshare accidents, it is important that you take immediate steps to protect your health and your insurance claim. Follow these steps to protect your interests:

Seek Immediate Medical Attention

The most important thing is to protect the health and safety of those involved in the accident. Check yourself and any passengers for injuries. If anyone is injured, call for immediate medical assistance. Receiving prompt medical care can help minimize the physical harm you suffer as well as establish a clear link between the accident and your injuries.

Report the Accident

Report the accident to law enforcement so that an officer can respond and prepare an accident report, which you will need to file a claim. If you are the rideshare driver, contact the rideshare company to report the incident.

Take Pictures

Evidence of the accident will quickly be cleaned up, so take pictures of the accident scene, any visible injuries, roadside debris and any other information deemed relevant. Also, take a screenshot of the status of your ride and information about your driver or passenger.

Write Down the Details Involved in the Accident

Write down important details as soon as possible. Be sure that you ask for the other driver’s contact and insurance information in case it becomes necessary to file a claim with their insurance company. Also, write down the following information as soon as possible:

  • The time, date and location of the accident
  • The names and contact information for any witnesses
  • Details about any injuries you suffered and the symptoms you experienced
  • Information about your property damage
  • Any statements witnesses or the other driver said at the scene of the accident

Our Lawyers Are Standing By

Rideshare accidents can be complicated and may require multiple claims with various insurance companies. Additionally, insurance companies that represent rideshare companies will try to minimize the value of claims. In these situations, you need strong legal support from an experienced lawyer.

At Greg Monforton and Partners, we are prepared to investigate your claim, establish liability and determine the insurance policy or policies that apply to your situation. We offer a free consultation to discuss the legal options available to you. If you hire us, we collect no payment unless we help you win.

Contact us today at (866) 320-4770 for more information.