With the rising popularity of rideshare services like Uber and Lyft, the convenience of getting to where you want when you want has also increased. However, some studies suggest that this convenience may come at a cost. With more cars on the road, the likelihood of being involved in a rideshare accident has also gone up, as research has revealed that the introduction of ridesharing services has led to an approximate 3% annual increase in traffic fatalities, or 987 deaths each year.
If you have been injured in an accident involving a rideshare service, an experienced Lyft Accident Lawyer in Duluth, GA can advise you of your rights and help you to negotiate a fair settlement. This article will take a closer look at the legal aspects of a rideshare accident.
Types of Insurance Cover
Ridesharing companies provide insurance cover which protects drivers and their vehicles if they are involved in an accident in the course of performing their ridesharing services.
Additionally, drivers must take out personal auto insurance which offers them coverage in the event of an accident when the car is being driven for personal use only. Most of these auto insurance policies will contain an exclusion for business use which disqualifies the insured from any payout if the vehicle is being used for business purposes.
Liability in a Ridesharing Accident
Deciding whether the rideshare company is liable for your accident or whether you are better off pursuing a claim against the driver themselves depends on several factors as set out below:
- Driver is not logged into app: When the rideshare app is off or the driver is not logged into it, the rideshare company will not be liable for any accident caused by the driver, and no coverage will be provided. As the driver was likely using the vehicle for personal, or non-business use at the time, their personal auto insurance company may be liable for cover instead.
- Driver is logged into the app and waiting to accept a ride: Once the driver has logged into the rideshare app but has yet to accept a ride request, the rideshare company may have limited liability for an accident caused by the driver under third party liability coverage. However, if it is found that the accident was not the fault of the rideshare driver, the rideshare company will not be liable. Instead, the driver may need to rely on their own personal insurance for additional coverage and protection.
- Driver has accepted a ride or is carrying a passenger: If the accident occurred when the driver had accepted a request and was on their way to pick a passenger up or was actively transporting them, then the accident should be covered by the ridesharing company’s insurance policy.
- Third-party fault: If you were involved in a ridesharing accident which was caused by a third party, you will likely have to pursue their insurance company for compensation instead of the rideshare company or the driver.
To get a clearer understanding of your options it is best to consult an experienced attorney who specializes in rideshare accidents.
