Can I Sue the Rideshare Company if I Was Injured in an Accident While Riding in One?

Rideshare services like Uber and Lyft have revolutionized the way we travel, providing convenient and affordable transportation options. However, as the popularity of these services grows, so does the likelihood of accidents involving rideshare vehicles. If you’ve been injured as a passenger in a rideshare accident, you may be wondering who is responsible for your medical bills and other expenses. The legal landscape surrounding rideshare accidents is complex, with questions about liability and insurance coverage often complicating the claims process.

This article will guide you through your legal rights as a rideshare passenger, when you can sue a rideshare company, and how to navigate the claims process to secure the compensation you deserve.

When Can You Sue a Rideshare Company?

Legal Grounds for Suing a Rideshare Company
Determining who is liable in a rideshare accident can be challenging due to the unique nature of rideshare services. Unlike traditional taxi companies, rideshare drivers are classified as independent contractors, not employees. This classification complicates the issue of liability. However, there are certain circumstances when you can sue the rideshare company:

Driver Negligence: If the driver was reckless, distracted, or driving under the influence, they can be held liable for your injuries.
Company Negligence: If the rideshare company failed to conduct proper background checks or did not ensure the driver met safety requirements, they could be partially liable.
Third-Party Driver Negligence: If another driver caused the accident, you may be able to file a claim against that driver’s insurance.

Driver Negligence vs. Company Negligence
Understanding the difference between driver negligence and company negligence is crucial when deciding whom to sue:

Driver Negligence: The driver may be personally liable if their actions (e.g., speeding, texting while driving) directly caused the accident.
Company Negligence: If the company failed to vet the driver properly or did not maintain safe operational standards, they could be held responsible.

When is the Rideshare Company Liable?
Rideshare companies like Uber and Lyft typically deny liability by claiming their drivers are independent contractors. However, there are situations where they may still be liable:

If the driver was actively transporting a passenger or on the way to pick up a passenger. During these periods, the company’s insurance policy is usually active.
If the accident was caused by a defect in the rideshare app or a company policy that contributed to unsafe driving practices.

Rideshare Insurance Coverage Explained

Uber and Lyft Insurance Policies
Rideshare companies provide insurance coverage, but the extent of this coverage depends on the driver’s status at the time of the accident:

Offline or App Off: When the driver is offline or the app is off, the driver’s personal auto insurance applies.
App On, No Passenger Yet: When the driver is available or waiting for a ride request, contingent liability coverage applies, which covers third-party liability if the driver’s personal insurance does not apply:
- $50,000 per person for bodily injury
- $100,000 per accident for bodily injury
- $25,000 for property damage
En Route to Pickup or During Ride: The company’s full commercial insurance policy is active, providing:
- $1 million in third-party liability
- Uninsured/underinsured motorist coverage
- Contingent comprehensive and collision coverage (if the driver has personal comprehensive and collision coverage)

Liability Coverage vs. Uninsured Motorist Coverage

Liability Coverage: Pays for injuries and damages to others if the rideshare driver is at fault.
Uninsured/Underinsured Motorist Coverage: Pays for injuries if another driver who has no or insufficient insurance is at fault.

Who Pays for Injuries in Rideshare Accidents?
Determining who pays for your medical bills and other expenses depends on:

The driver’s status on the app
Who was at fault for the accident
The insurance policies involved (personal vs. rideshare insurance)

Step-by-Step Guide to Filing a Claim

Collecting Evidence and Documenting Injuries
To build a strong case, collect the following evidence:

Accident report: Obtain a police report for the accident.
Photographic evidence: Take photos of the accident scene, vehicle damage, and your injuries.
Witness statements: Collect contact information from any witnesses.
Medical records: Document all medical treatments and expenses related to the accident.

Filing a Claim Against the Rideshare Driver

Contact the rideshare company’s insurance provider to initiate the claims process.
File a claim with the driver’s personal insurance (if applicable).
Provide all necessary documentation, including the accident report, medical records, and evidence of lost wages.

Suing the Rideshare Company: Legal Process Explained
If the insurance settlement is insufficient or denied, you may need to sue the rideshare company:

Hire a personal injury lawyer experienced in rideshare accident claims.
File a personal injury lawsuit against the responsible party (driver, company, or third-party driver).
Prove negligence by showing that the driver or company failed to exercise reasonable care.

Compensation for Rideshare Accident Injuries

Types of Compensation You Can Claim

Medical expenses: Current and future medical bills.
Lost wages: Income lost due to injury.
Pain and suffering: Emotional distress and physical pain.
Property damage: Repair or replacement of personal property.
Punitive damages: In cases of gross negligence or willful misconduct.

Calculating Compensation
Compensation amounts depend on:

Severity of injuries
Impact on quality of life
Financial losses incurred

How to Maximize Your Rideshare Injury Compensation

Hire an experienced personal injury lawyer.
Collect thorough documentation of your injuries and financial losses.
Negotiate with insurance companies for a fair settlement.

Common Challenges and Legal Advice

Proving Negligence in Rideshare Accidents
To prove negligence:

Show that the driver or company owed you a duty of care.
Demonstrate that this duty was breached.
Prove that the breach directly caused your injuries.
Provide evidence of damages (medical bills, lost wages, etc.).

Dealing with Insurance Companies
Insurance companies often attempt to minimize payouts. It’s crucial to:

Avoid giving recorded statements without legal representation.
Consult with a personal injury lawyer before accepting any settlement offer.

When to Consult a Personal Injury Lawyer

If you suffered serious injuries.
If liability is disputed.
If the insurance company denies your claim or offers a low settlement.

Frequently Asked Questions

Can I Sue Uber or Lyft Directly for My Injuries?
Yes, but only under certain circumstances, such as company negligence or product defects.

What If the Rideshare Driver Was Not at Fault?
You can pursue compensation from the at-fault driver’s insurance or through uninsured motorist coverage.

How Long Does It Take to Settle a Rideshare Accident Claim?
It depends on the complexity of the case, but settlements typically take several months to a year.

Consult Lawlor, White & Murphey

Navigating the legal complexities of a rideshare accident claim can be challenging. If you’ve been injured in a rideshare accident, it’s crucial to understand your legal rights and options. Consulting with an experienced personal injury lawyer can help you maximize your compensation and ensure your rights are protected.

Contact Lawlor, White & Murphey today for a free consultation and case evaluation. Get the legal help you need to recover and move forward.