The prevalence of rideshare apps like Uber and Lyft has skyrocketed in recent years in the USA and worldwide. These platforms have seamlessly integrated themselves into everyday life for many Americans, offering a convenient, affordable, and efficient mode of transportation.
The Rise of Rideshare Apps: Revolutionizing Transportation
With their user-friendly interfaces, requesting a ride has become as simple as a few taps on a smartphone. Moreover, they have become indispensable tools for tourists and business travelers visiting the United States, offering a reliable alternative to unreliable public transit systems or the larger commitment of renting a car. In 2022 alone, Uber drivers completed over 7.6 billion trips worldwide, solidifying their status as a dominant force in the transportation industry.
The Surging Incidents of Rideshare Accidents
However, the exponential growth of rideshare services has also led to an increase in accidents involving these vehicles. While many accidents result in minor injuries or no injuries at all, some have tragic outcomes, including fatalities. According to the Uber US Safety Report 2019-2020 , there were 101 individual motor vehicle fatalities across 91 fatal Uber-related crashes between 2019 and 2020. While this only represents a very small percentage of overall rides performed, it is important to note that this does not address non-fatal accidents. An example of a non-fatal accident is the case of a pedestrian who suffered severe injuries and recovered. The individual filed a lawsuit against the driver and the rideshare company, based on the claim that the driver was distracted due to usage of his smartphone at the time of the incident. This is not an isolated incident, as rideshare drivers must use their phones and the company’s app to interact with their customers.
Understanding Insurance Coverage
Understanding how insurance works in the context of rideshare accidents is crucial for potential accident victims. When you are involved in an accident with a rideshare-operated vehicle, such as those from Uber, knowing the coverage available can significantly impact your ability to recover compensation for injuries and damages.
When looking at the specifics of insurance coverage, it’s important to be aware of the different phases while a rideshare app is active. Luckily, Uber provides some clarity on this issue, and sheds light on when and how insurance coverage applies to different scenarios.
- Offline Coverage:
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- When the rideshare app is off, the driver’s personal auto insurance comes into play. This means that if you are involved in an accident with a rideshare vehicle while the driver is not actively using the app, your compensation would typically be through the driver’s personal insurance policy.
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- Personal auto insurance covers drivers while they are not engaged in rideshare activities. It is important to note that there may be limitations depending on the driver’s coverage and the specific circumstances of the accident.
- Online and Available for a Trip:
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- Once the rideshare driver activates the app and becomes available to accept trips, additional insurance coverage provided by the rideshare company kicks in.
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- In the event of an accident where the rideshare driver is at fault and causes injuries or property damage, the rideshare company’s third-party liability insurance offers coverage. This insurance typically provides coverage in the following amounts:
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- $50,000 per person and $100,000 per accident for injuries
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- $25,000 in property damage per accident
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- En Route or On a Trip:
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- When the rideshare driver has accepted a ride and is on the way to pick up the passenger or when the passenger is in the vehicle and the trip is ongoing, Uber maintains insurance specifically for ridesharing and deliveries.
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- This insurance coverage includes:
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- At least $1,000,000 for property damage and injuries to riders and third parties involved in an accident where the rideshare driver is at fault.
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- Coverage for the cost to repair the driver’s vehicle, up to its actual cash value, with a deductible usually set at $2,500. However, this coverage is contingent upon the driver’s personal insurance, including comprehensive and collision coverage.
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- Optional Injury Protection, available in most US states, covers additional medical expenses for drivers injured in accidents while on trips. This insurance is designed specifically for drivers.
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What To Do After A Rideshare Accident
In the unfortunate event of a rideshare accident, it is crucial to take immediate action to protect your rights and ensure fair compensation. Here are some essential steps to follow:
- Exchange Information: Obtain contact details and insurance information from all parties involved, including witnesses.
- Document the Scene: Take photos of the accident scene, including vehicle damage, road conditions, and any visible injuries.
- File a Police Report: Report the accident to law enforcement and obtain a copy of the police report for documentation purposes.
- Seek Medical Attention: Even if you feel fine, it’s essential to undergo a medical evaluation to assess any potential injuries. Some injuries, such as traumatic brain injuries and spinal/disc injuries, might not become immediately noticeable but can have severe consequences if left untreated.
- Avoid Social Media: Refrain from discussing the accident on social media, as anything you post could be used against you during legal proceedings.
Recoverable Damages: Know Your Rights
In the aftermath of a rideshare accident, victims may be entitled to various forms of compensation, including:
- Medical Expenses: Coverage for medical treatment, including hospital bills, surgeries, and rehabilitation.
- Lost Wages: Compensation for income lost due to inability to work following the accident.
- Pain and Suffering: Damages for physical and emotional distress experienced as a result of the accident.
- Property Damage: Reimbursement for vehicle repairs or replacement, as well as loss of personal property.
- Permanent Disability or Disfigurement: Compensation for long-term or permanent injuries.
- Loss of Consortium: Damages for the loss of companionship or support resulting from the accident.
- Punitive Damages: Additional compensation awarded in cases of extreme negligence or intentional misconduct.
The Importance of Legal Representation
Given the complexity of rideshare accidents and insurance claims, seeking legal representation is essential for protecting your rights and pursuing fair compensation. Experienced personal injury attorneys can help navigate the legal process, gather evidence, negotiate with insurance companies, advocate on behalf of accident victims and, if necessary, pursue litigation in the court system. At Urban Thier & Federer, P.A., our seasoned attorneys have a proven track record of success in personal injury and wrongful death cases in the USA and Internationally.
Contact us today for a consultation and let us fight for the compensation you deserve.