Selecting the Best Rideshare Accident Lawyer
Should you find yourself injured in a ridesharing accident, the personal injury attorneys at Team Green Law can assist you in securing the compensation you deserve. With decades of handling even the most intricate cases, our rideshare accident lawyers ensure diligent navigation through legal complexities.
Ridesharing, or carpooling or car-sharing, is a transportation service where individuals share a vehicle with others for a journey. Typically, ridesharing involves a driver who owns the vehicle and offers seats to passengers heading in the same direction or to a nearby destination.
Ridesharing services are often facilitated through mobile apps or websites, where passengers can request a ride and drivers can offer available seats. These services have become increasingly popular due to their convenience, cost-effectiveness, and potential to reduce traffic congestion and carbon emissions by optimizing vehicle occupancy.
In recent years, ridesharing programs have surged in popularity, with companies like Uber and Lyft offering convenient mobile app-based ride-hailing services. This trend has revolutionized transportation globally, offering users a swift alternative to buses or traditional taxis, allowing for instant payment and seamless travel arrangements. Indeed, accessing your desired destination has never been more effortless.
However, despite the evident convenience, ridesharing services come with their challenges. In the unfortunate event of an accident involving Uber or Lyft, determining liability can be intricate, often involving multiple insurance entities and parties. Consequently, resolving rideshare accident cases can prove more complex than typical motor vehicle incidents.
What happens when a rideshare driver hits a pedestrian?
When a rideshare driver hits a pedestrian, the situation is serious and can have legal, financial, and emotional ramifications. Here’s an overview of what typically happens:
- Immediate Response: The first priority is ensuring the safety and well-being of the pedestrian and any other individuals involved. Emergency medical services should be called immediately if anyone is injured.
- Police Report: Law enforcement will typically be called to the scene to document the incident and gather information. They will interview the parties involved, witnesses, and gather evidence to determine the cause of the accident.
- Medical Attention for the Pedestrian: If the pedestrian is injured, they will receive medical attention, either at the scene or at a hospital. The severity of their injuries will be assessed and treated accordingly.
- Investigation by the Rideshare Company: The rideshare company, such as Uber or Lyft, will conduct its investigation into the accident. This may involve reviewing data from the driver’s trip, such as GPS records and the driver’s activity on the app at the time of the accident.
- Insurance Claims Process: The pedestrian may file a claim with the rideshare company’s insurance provider for compensation for their injuries and damages. Rideshare companies typically provide liability insurance coverage for accidents involving their drivers that are active within the app, including coverage for bodily injury and property damage.
- Legal Proceedings: If the pedestrian’s injuries are severe or if there is a dispute over liability or compensation, legal proceedings may ensue. The pedestrian may choose to hire a rideshare accident attorney to represent their interests and help them navigate the legal process.
- Settlement: Depending on the circumstances, the case may be resolved through a settlement negotiation between the parties involved or through a jury trial .
It’s important to note that the specific steps and outcomes of a pedestrian accident involving a rideshare driver can vary based on the unique circumstances of each case. If you are a pedestrian involved in such an accident, it’s crucial to seek legal advice from a qualified rideshare accident attorney who can help protect your rights and pursue fair compensation for your injuries and damages.
Who is liable in a rideshare accident?
Determining liability in a rideshare accident can be complex and depends on various factors such as the circumstances of the accident, state laws, and the specific insurance policies involved. Generally, liability in a rideshare accident may fall on one or more parties:
- Rideshare Driver: If the accident was caused by the negligence or recklessness of the rideshare driver, they may be held liable. This could include situations where the driver was speeding, driving under the influence, or violating traffic laws. Rideshare companies like Uber and Lyft will provide insurance coverage if the accident occurred while the driver was actively working for the company (i.e., transporting passengers or en route to pick up passengers).
- Other Motorists: If another driver’s actions contributed to the accident, such as running a red light or rear-ending the rideshare vehicle, that driver may be held liable.
Determining liability often involves a thorough investigation by insurance companies, lawyers, and possibly law enforcement agencies. It’s essential to document the accident scene, gather witness statements, and preserve any evidence to support your case. If you’re involved in a rideshare accident, consulting with a rideshare accident attorney who is knowledgeable in such cases can help protect your rights and ensure you receive fair compensation for your injuries and losses.
Ridesharing companies like Uber and Lyft provide liability insurance coverage for their drivers, but the coverage varies depending on the driver’s status at the time of the accident. These companies typically distinguish between three main periods:
- Period 1: Driver Offline: This period covers the time when the driver is not logged into the ridesharing app or actively seeking passengers. During this time, the driver’s personal auto insurance policy is expected to provide coverage for any accidents.
- Period 2: Driver Available but Waiting for a Ride Request: Once the driver logs into the ridesharing app and is available to accept ride requests, but hasn’t yet been matched with a passenger, the ridesharing company provides contingent liability coverage. This coverage typically includes third-party liability for bodily injury and property damage, but the coverage limits may be lower compared to when the driver is actively transporting passengers.
- Period 3: Driver En Route to or Transporting Passengers: Once the driver has accepted a ride request and is en route to pick up passengers or actively transporting passengers, the ridesharing company provides primary liability coverage. This coverage is typically more comprehensive and includes higher limits for bodily injury and property damage.
It’s important to note that the coverage provided by ridesharing companies may vary depending on the region and local regulations. Additionally, drivers are often required to maintain their auto insurance policies, which may also come into play in the event of an accident.
Ridesharing companies like Uber and Lyft have implemented these insurance policies to ensure that both drivers and passengers are protected in the event of an accident while using their platforms. However, navigating the insurance claims process can still be complex, and drivers and passengers may benefit from consulting with rideshare accident lawyers to understand their rights and coverage options in case of an accident.
How does insurance cover rideshare accidents?
Uber has specific insurance coverage rules that apply to drivers using their platform. These rules may vary slightly depending on the region, but generally include the following:
- Primary Insurance Coverage: When a driver is actively engaged in a trip (i.e., en route to pick up passengers or transporting passengers), Uber provides primary liability coverage. This coverage typically includes:
- Third-party liability coverage for bodily injury and property damage.
- Contingent Liability Coverage: When a driver is logged into the Uber app but hasn’t yet been matched with a passenger, the company provides contingent liability coverage. This coverage serves as secondary insurance and applies if the driver’s personal auto insurance doesn’t cover the accident. It typically includes:
- Third-party liability coverage for bodily injury and property damage, but with lower coverage limits compared to the primary coverage during trips.
- Driver’s Personal Insurance: Drivers are required to maintain their own personal auto insurance policies that meet or exceed the minimum requirements set by Uber. These policies are expected to provide coverage during periods when the driver is not actively engaged in a trip (e.g., when the driver is offline or waiting for ride requests).
- No Coverage: The State of Indiana does not require its motorists to carry uninsured and/or underinsured insurance on their vehicles. The attorneys at Team Green Law have experienced this situation involving both Uber and Lyft rejecting such insurance for its drivers. This becomes problematic when the rideshare driver is not at fault and the at-fault driver is without insurance or is unknown (i.e., hit-and-run). In this scenario, no recovery will be obtained from the at-fault driver or from the rideshare company’s policy because that coverage was rejected. The rideshare driver’s personal policy will also likely be inapplicable because the vehicle is being used for commercial use. Team Green Law recommends having your own uninsured and underinsured policy on your personal vehicle to be best prepared when utilizing rideshare.
- Insurance Requirements: Uber typically requires drivers to carry specific types and amounts of insurance coverage, including liability coverage, uninsured/underinsured motorist coverage, and, in some cases, comprehensive and collision coverage. Drivers must provide proof of insurance to Uber, and failure to maintain adequate coverage may result in deactivation from the platform.
- Additional Coverage Options: Uber may offer additional insurance coverage options for drivers who wish to enhance their protection, such as commercial insurance or gap coverage to cover potential gaps between Uber’s coverage and the driver’s personal insurance.
It’s important for rideshare drivers to familiarize themselves with the insurance requirements and coverage provided by the company to ensure they are adequately protected while driving.
What is uninsured motorist coverage in Indiana?
Uninsured motorist coverage in Indiana is a type of insurance coverage that protects you if you’re involved in an accident with a driver who doesn’t have insurance or whose insurance is unknown. In Indiana, uninsured motorist coverage is not mandatory, but insurance companies are required to offer it to policyholders. This coverage typically pays for medical bills, lost wages, and other expenses related to the accident if the other driver is at fault and unable to pay. It’s designed to provide financial protection for you and your passengers in case you’re hit by an uninsured driver.
Do I need uninsured motorist coverage in Indiana?
Yes, it’s advisable to have uninsured motorist coverage in Indiana. While it’s not legally required, having this coverage can provide valuable protection in case you’re involved in an accident with an uninsured driver. Uninsured motorist coverage helps cover medical expenses, lost wages, and other damages if the at-fault driver cannot pay. It offers financial security and peace of mind, especially considering the potential costs associated with being in an accident. Therefore, it’s typically a wise decision to include uninsured motorist coverage in your auto insurance policy in Indiana.
What types of compensation can I receive after a ridesharing accident?
After a ridesharing accident, you may be entitled to various types of compensation depending on the circumstances of the accident and the extent of your injuries. Some common types of compensation you may receive include:
- Medical Expenses: You can receive compensation for medical expenses related to your injuries, including hospital bills, doctor’s visits, medication costs, rehabilitation, and therapy expenses.
- Lost Wages: If your injuries prevent you from working or result in a loss of income, you may be compensated for the wages you would have earned during the time you were unable to work.
- Pain and Suffering: You may be entitled to compensation for the physical pain and emotional distress caused by the accident and your injuries. This compensation is often subjective and may vary depending on the severity of your injuries and their impact on your daily life.
- Property Damage: If your property, such as your vehicle or personal belongings, was damaged in the accident, you may be compensated for the cost of repairs or replacement.
- Permanent Disability or Disfigurement: If the accident results in a permanent disability or disfigurement that affects your ability to work or enjoy life as you did before the accident, you may be entitled to compensation for these long-term effects.
- Loss of Consortium: In some cases, the spouse or family members of an injured person may be entitled to compensation for the loss of companionship, support, and services resulting from the injuries.
- Wrongful Death: If a loved one is killed in a ridesharing accident, surviving family members may be entitled to compensation for funeral and burial expenses, loss of financial support, and the emotional impact of their loss.
It’s essential to consult with a rideshare accident attorney experienced in handling ridesharing accident cases to understand your rights and options for compensation fully. Our attorneys at Team Green Law can help you navigate the legal process, negotiate with insurance companies, and ensure that you receive fair compensation for your injuries and losses.
What should I do if I am a passenger in a rideshare accident?
If you find yourself involved in a rideshare accident as a passenger, prioritize your safety and well-being above all else. Check for injuries among yourself and other passengers, and if necessary, promptly call emergency services for medical assistance. Once safety is ensured, document the accident scene by taking photos or videos, and gather contact information and insurance details from all parties involved, including the rideshare driver. It’s important to notify the police and file an official report, regardless of the accident’s severity.
Additionally, inform the ridesharing company through their app or customer service hotline to report the incident and seek guidance on next steps. Even if you don’t feel injured, seek medical evaluation as some injuries may manifest later. Preserve all relevant documents such as medical records, police reports, and correspondence with the rideshare company. Consider consulting with a personal injury attorney with cases involving rideshare accidents to understand your legal options and ensure your rights are protected throughout the process of seeking compensation for your injuries and losses. By taking these steps, you can navigate the aftermath of a rideshare accident effectively and work towards a resolution that supports your recovery.
What are the best steps to take after a rideshare accident?
If you’ve been involved in a rideshare accident, it’s essential to take the following steps to protect yourself and ensure your well-being:
- Ensure Wellbeing: Check yourself, passengers, and others involved in the accident for injuries. If anyone requires medical attention, call emergency services immediately.
- Document the Scene: If it’s safe to do so, gather information about the accident scene. Take photos or videos of the vehicles involved, any visible injuries, road conditions, and traffic signs or signals. Note down the names, contact information, and insurance details of all parties involved, including the rideshare driver and witnesses.
- Contact the Police: Call the police and report the accident, even if it seems minor. Having an official police report can be crucial for insurance claims and legal proceedings.
- Notify the Rideshare Company: If you were riding with a ridesharing service like Uber or Lyft, report the accident to the company through their app or customer service hotline. They may provide guidance on next steps and assist with insurance claims.
- Notify your Insurance Company: Contact your own auto insurance company and report the claim as you might have uninsured/underinsured or medical payment coverage available to you.
- Seek Medical Attention: Even if you don’t feel seriously injured, it’s essential to seek medical evaluation as soon as possible. Some injuries may not be immediately apparent, and prompt medical attention can prevent complications and strengthen your case if you need to file a claim.
- Preserve Evidence: Keep all documents related to the accident, including medical records, police reports, correspondence with the rideshare company, and receipts for any expenses incurred due to the accident.
- Consult with an Attorney: Consider seeking legal advice from a rideshare accident attorney at Team Green Law, experienced in handling rideshare accident cases. We can assess your situation, protect your rights, and guide you through the legal process to pursue compensation for your injuries and losses.
By following these steps, you can safeguard your well-being and rights after a rideshare accident and increase your chances of obtaining the necessary support and compensation for your recovery.
When to Contact a Rideshare Accident Lawyer
If you’re involved in a rideshare accident, contacting a rideshare accident lawyer at Team Green Law is the best step to advocate for your rights.
We can support clients in cases involving litigation or insurance issues, providing guidance and representation throughout legal proceedings. Furthermore, if the accident results in emotional distress or loss of income, we can help pursue compensation for non-economic damages and financial losses.
Ultimately, consulting with a rideshare accident lawyer at Team Green Law ensures your rights are protected and maximizes your chances of receiving appropriate compensation for the aftermath of the accident.
Contact us today and let’s discuss your rideshare accident case.
Team Green is a different kind of law firm. We’re not going to make you promises we can’t deliver on. This is our promise to you: we will guide you through the legal process, working with you through straight talk and personal attention, and we’ll work for you with smart, aggressive representation to get the settlement or judgment you deserve. Other lawyers show their case results on their websites, but not only does that imply results they can’t guarantee — it’s against the Indiana Rules of Professional Conduct (Rule 7.1 [2] (2)). But you should know that the results of one successful case does not tell us what will happen with you. We will work with you to set realistic expectations of the timeline and money that could be recovered for your unique case.