Ridesharing has been steadily growing as an industry since 2009 when Uber first launched its app. Now, many people prefer the comfort and privacy that ridesharing offers instead of using other types of public or paid transportation.
With every new industry, however, comes legal issues. For ridesharing companies like Uber and Lyft, the legal issues that must be addressed concern responsibility for accidents. Uber and Lyft drivers work as independent contractors, but many laws also view these drivers as distanced employees. Responsibility for accidents that occur with rideshare vehicles can quickly get complicated.
If you have been involved in a car accident while you were a rideshare passenger, it is important that you contact a rideshare accident attorney. Your attorney can help determine who was at fault for the accident and who will cover your losses.
Who Covers Losses In A Rideshare Accident?
Florida is a no-fault insurance state. This means that the personal car insurance of the injury victim is approached first to cover medical costs and financial losses. Since many people only have basic PIP coverage, the victim often has to go to the insurance company of the negligent party to get the additional coverage they need for their injuries and losses.
When one of the parties was a rideshare operator, the insurance process can become complicated. Depending on the situation, the driver’s personal insurance may be held accountable, while other situations will require the rideshare company to cover the event. It will also depend if you were a passenger in the vehicle or if you were involved in an accident with a ridesharing vehicle that was in operation while you were in your own car.
All ridesharing companies require that operators have insurance coverage on their vehicles to work. Most companies only require minimal coverage for the person to operate as a driver. However, most insurance companies require that you inform them if you are going to use your vehicle for ridesharing. If you are, you need to purchase a special rider for your insurance to make sure that the passengers are covered.
Sadly, many operators do not inform their insurance companies about their activities, and this presents a problem. If an accident occurs, the insurance company may not want to cover the accident because the policyholder was in violation of the terms of their policy by not purchasing an additional policy to cover rideshare passengers.
If the vehicle was in operation at the time of the accident or was on its way to pick up a passenger, the Uber or Lyft insurance policy will cover the accident. Uber covers accidents at a lower rate if the driver has the app on looking for a passenger, even if they have not secured a client at that time.
As you can see, there are so many technicalities when it comes to an accident with a rideshare vehicle. It will always be in your best interest to consult with a rideshare attorney about your rights to claim compensation.
Compensation Available For Rideshare Accident Victims
Victims of a ridesharing car accident have the right to make a claim for compensation for all of their losses associated with the accident. Although all accidents are different, there are some common types of compensation that are available.
All medical costs associated with the injuries from your accident will be included in any compensation you receive. If you need future medical care or on-going care for your injuries, your attorney will make sure that you receive compensation for these future costs.
All of the wages that you lost because of your injuries will be part of your compensation package. In some cases, you may also be able to claim employer-paid benefits and bonuses that you may have missed from being out of work.
If the injuries you received will prevent you from returning to your current job position, or if you will only be able to return at a limited capacity, your attorney will make a demand for all of your future earning capacity.
Expenses Related to Injuries
There are many out-of-pocket expenses that may arise because of your injury. Transportation costs to medical care providers or specialists, the need to purchase special supplies, or changes necessary to your home or vehicle to accommodate your injury would be included in this category.
Pain and Suffering
Pain and suffering is a very personal type of compensation. This type of compensation will be different with every client because everyone has a unique experience. Your attorney will explain to you how the pain and suffering portion has been calculated for your case and what you should expect for compensation.
Your attorney will also review other types of compensation that may be available to you based on the facts of your case. Your lawyer will discuss with you all the types of compensation that will be available to you and the settlement goal they are seeking on your behalf.
Work With A Rideshare Accident Attorney
Being involved in any type of accident can make your life chaotic. Being involved in an accident that involves a rideshare vehicle can enhance that chaos if you do not have proper legal representation. There are so many factors that must be considered when it comes to ridesharing accidents that, without legal representation, the victim stands to lose out on many benefits.
Having an attorney manage your claim will give you the peace of mind that your claim is being handled correctly. Insurance companies are often quick to take advantage of victims that are unaware of their rights. When you have legal representation, this cannot happen.
Your attorney will investigate the accident, speak to witnesses, consult with experts and deal directly with the insurance company about your case. You will not have to focus your attention on anything except recovering from your injuries.
If you or your loved one has been injured in a rideshare accident, do not wait to speak to an attorney. Schedule a free consultation with South Florida’s most trusted rideshare accident attorney today.