Ride-sharing companies like Uber and Lyft have redefined daily commutes for many Americans. Given the simplicity and convenience of these services—you can order a cab at any time from anywhere, and the driver follows the service provided map to your pick up and drop off location—more and more people are utilizing them.
But as with all other vehicles, the risk of an accident always lurks in the shadows. While you can file compensation when the accident is no fault of your own, the process is distinct from other types of road accidents and comes with a fair share of challenges you must be aware of.
The fate of your case hinges on your understanding of your rights, identifying the at-fault party, and the guidance of a local car accident attorney. Speaking to Personal injury attorney Eric Doroshow is a smart move during this time.
What Should You Do If You Get into an Accident in an Uber?
As with any accident, the first call should be to emergency services and the police. If you’re in a position, call 911. The EMTs will provide on-site medical assistance if necessary. Do not skip this integral step even if you’re not seriously injured. A health assessment will unmask superficial injuries, which may become severe after a while.
Any accident should be reported to law enforcement officers. If you make the 911 call, chances are that the police will be summoned to the scene. The attending officer will draft a police report that will become a crucial piece of evidence later on. They will also take statements from anyone who witnessed the incident. Use your phone to capture pictures and videos of the scene, your injuries, and any property and car damage.
You should then call your personal injury attorney. Take note to describe the exact details of how and when the accident happened. Your attorney will help you understand your rights, negotiate with insurance companies, and represent you in court.
Driver or Rideshare Company: Who is Liable?
Drivers working for rideshare companies are considered independent contractors as they use their personal cars to transport clients. As such, determining which policyholder should cover damages in case of an accident becomes a tricky affair.
On top of that, rideshare companies often have a team of lawyers ready to deal with claims. Furthermore, Delaware follows the modified comparative negligence rule for personal injury cases. Your eligibility for filing a claim is contingent on your share of fault. You will be barred from seeking compensation if you’re liable for more than half of the damages.
The following are some of the parties you may include as defendants in your claim for maximum compensation:
- Drivers, including your rideshare driver
- The owner of the motor vehicle in the accident
- The driver’s insurance
- The rideshare company
With that in mind, what then are the situations when Uber or Lyft may be considered a defendant in your claim
Suppose the driver is waiting for a request, and their rideshare app is on and you’re walking or cycling along the path. In this case,
- When the app is on but no request has been accepted- In this case, you may be a pedestrian or other road user but not on Uber or Lyft. Here, you will claim compensation from the rideshare company. However, take note that their coverage is limited to specific extents for this situation. Your attorney should guide you on the levels of fair compensation.
- When the app is on and you have been picked up by the driver, the rideshare company’s insurance will cover your claim.
Note that if the app was off at the time of the accident, your rideshare company will not be liable. The applicable cover here will be the rideshare driver.
But what if the rideshare company refuses to cover your injuries in the first two circumstances? If this is your case, you still have recourse from driver’s insurance. Motorists in Delaware are required to carry and maintain their own Personal Injury Protection (PIP) insurance coverage. It is designed to cover medical expenses, lost wages, and other damages sustained in your accident regardless of the at-fault party.
Hire an Auto Accident Attorney
Claims involving rideshare companies may be nerve-wracking, especially if you are still recovering. With a professional personal injury lawyer, you will be assured that your interests will be effectively represented.
Conclusion
As we draw our discussion to a close, it’s clear that rideshare accident claims can be challenging to pursue. This is the fundamental reason to hire a skilled auto accident attorney. They will explain the legal precedents that affect your case and also represent you against the defendant, whether it’s the rideshare company, the taxi driver, or even another motorist.
