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By 2022, the rideshare market was a 96.9 billion dollar industry and is expected to continue to grow.
People use rideshares for a variety of reasons, and many appreciate the convenience of being able to call a car any time they need one. Others use driving for one of the apps as an additional source of income.
But like other cars on the road, rideshares can be involved in accidents. What happens if you’re hurt while riding in a rideshare—or while driving one?
A Gwinnett County Rideshare Attorney May Be Able to Help
When you’re injured in a car accident, the at-fault driver should be held responsible for your injuries and other damages. In most cases, we will make a claim on their liability insurance.
The insurance company frequently turns down the claim due to a disagreement about fault—they may believe the other driver had at least some liability, even if the at-fault driver admits their mistakes. This is because Georgia allows for shared responsibility in personal injury cases.
If you were a passenger in a rideshare when your accident happened, this is less likely to be a concern. Whether your driver or the other driver was at fault, it would be difficult for the insurance company to blame you for the car accident in most situations.
Sometimes, a rideshare driver may claim that a rider distracted them, which caused the crash, but under Georgia law, the driver is still at fault in these cases. It is the driver’s responsibility to keep their eyes on the road regardless of distractions.
Generally, passengers are only found to be at fault in extreme circumstances, such as when a passenger grabs the wheel and causes a crash.
However, the concept of shared fault can still affect your case. The driver who is more at fault (at least 50 percent) is considered to be liable for an accident, but if the other driver had some percentage of responsibility, their damages would be reduced by this amount.
For example, if Bob is 60 percent at fault and John is 40 percent at fault, John could recover 60 percent of his damages from Bob’s insurance.
Many people think they are out of luck because they made a small mistake that contributed to the accident, but as long as you are less than 50 percent at fault, you may be able to recover at least some of your damages. Alternatively, your error may not even have affected the accident at all.
If you are a driver in a similar accident with a rideshare driver, and you believe you can’t recover because you were at fault, please speak with an attorney to get a clearer view of the situation. An experienced rideshare lawyer can help you identify fault in these complicated situations.
Shared Fault and Passengers
But what if you are a passenger in John’s rideshare vehicle? Bob’s insurance company may be willing to pay for 60 percent of your damages, but that leaves you on the hook for 40 percent of your medical bills, lost income, and other damages.
If this seems unfair, it is—you had nothing to do with causing the accident, so you shouldn’t have to pay for any of it.
In these situations, it may be possible to file a claim with both drivers’ insurance policies to recoup all of your damages. Your rideshare accident lawyer can help you understand the options in your case.
Other Concerns for Rideshare Passengers
Even if one driver is entirely at fault and their insurance company accepts responsibility, your worries may not be over. The insurance company will probably make you a settlement offer, which seems like a good response.
But initial offers are frequently much lower than the injured person’s claim is actually worth. This is another reason why it’s crucial to have the assistance of a rideshare lawyer, who can help you determine all your damages and arrive at a fair value for your claim.
If the insurance company’s offer doesn’t measure up, we can negotiate with them to get you the compensation you deserve.
This is also true if you are a driver in a rideshare accident. We recommend that you always review an insurance company’s offer with a lawyer before making a decision.
What if Your Rideshare Accident Involves an Uninsured Motorist?
We’ll assume that the rideshare driver is not uninsured because Uber and Lyft require drivers to maintain their own liability coverage.
Both companies provide additional liability and uninsured/underinsured motorist (UM/UI) insurance when a driver is either carrying a passenger or en route to pick one up. As a result, if you are a passenger in a rideshare or are in another car struck by a rideshare driver, this is usually not a concern.
Both companies maintain $1,000,000 in liability coverage in these situations, so except in the most extreme and severe accidents, you do not have to worry about a rideshare driver being underinsured.
In a few cases involving wrongful death, it’s possible there may be more than $1 million in damages. If this happens, we will consider other options for recovering additional compensation.
It’s important to understand that a rideshare driver is not necessarily carrying a passenger or en route to pick one up at all times, even if they have a sign or light on. If the driver is signed into the app but has not yet accepted a fare, Uber and Lyft have lower levels of coverage, including $50,000 for bodily injury and $25,000 for property damage.
If your damages exceed these amounts, we can try to recover from the driver or their personal insurance, or we may use your uninsured/underinsured motorist coverage.
Finally, if the rideshare driver is not signed onto the app, their accident does not concern Uber or Lyft and is simply covered by their personal insurance.
The minimum auto insurance required in Georgia is $25,000 each for bodily injury and property damage. If the driver only has this minimum coverage and you have a higher level of damages, your UM/UI coverage will probably be your best option for recovering additional compensation.
What if You Are a Rideshare Driver Hit by an Uninsured Motorist?
Uber and Lyft both provide UM/UI coverage as long as you are carrying a fare or have accepted one. But if you are merely signed into the app and have yet to accept a fare, you will have to rely on your own insurance.
UM/UI is not required in Georgia but is strongly recommended, especially if you are a rideshare driver and spend a lot of time on the road. About 12.4 percent of Georgia drivers are uninsured.
What if You Are Injured in a Rideshare But Not In An Accident?
Unfortunately, neither rideshare company is a stranger to complaints from riders and drivers who have been assaulted or harmed during a ride. Both companies have released safety data about reported violent encounters:
- Uber’s numbers for 2020 show 998 reports of sexual assault, including 141 rapes and 20 fatalities related to physical assaults.
- Lyft revealed 4,158 reports of sexual assault over a two-year period spanning 2017 to 2019.
- Uber and Lyft have announced additional safety features to reduce assaults, including a 911 button on the app and the ability to record audio during a ride.
Rideshare companies, like other businesses, have a responsibility to address hazards that make their guests unsafe. If the company failed to perform a thorough background check that would have revealed the past criminal behavior of a driver or if it ignored multiple customer complaints about a rider or driver, the company may be negligent.
If you suffered an assault in a rideshare, whether as a passenger or a driver, please get medical attention for your injuries and report the incident to the police. Then, we recommend speaking with a rideshare lawyer to determine your options for pursuing damages.
If we find evidence that the platform was negligent in protecting its drivers or riders, we may be able to sue the rideshare company to recover medical expenses, lost income, pain and suffering, and other damages.
How Can You Get Help From a Gwinnett County Rideshare Law Firm?
Please contact the CEO Lawyer Personal Injury Law Firm for a free, confidential consultation about your rideshare injuries. We’ll discuss your damages, answer your questions, and explain your options.
There is no obligation, and if we take your case, we won’t charge you anything until we win or settle it, so you have nothing to lose by learning more.
Attorney Ali Awad founded the CEO Lawyer Personal Injury Law Firm and rapidly turned it into one of the fastest-growing law firms in the country. He and his team have over twenty years of combined experience helping injured people and their families recover damages.
When he’s not fighting for clients in the courtroom or negotiating with insurance companies, Mr. Awad can be found on social media offering no-nonsense legal advice to more than a million followers. Work with The CEO Lawyer today at 833-254-2923.