In recent years, rideshare services have become increasingly popular and effectively transformed how we commute. Companies like Uber and Lyft are now household names and offer a convenient alternative to traditional taxis.
However, with this convenience comes certain risks, particularly when a rideshare accident occurs. Moreover, such an incident can also affect pedestrians, cyclists, another rideshare driver, or a typical passenger vehicle driver.
As a result, it’s not uncommon for multiple insurance companies to get involved, especially because the rideshare driver will usually have to waver between their own personal provider and the rideshare company’s coverage, which will be offered in different amounts depending on what ‘part of the trip’ the driver is in.
It’s safe to say that these accidents can quickly become very complicated. But this is where your rideshare accident attorney comes in. At the CEO Lawyer Personal Injury Law Firm, we’ve seen it all, and we’re here to help you and your family secure any compensation you may be owed after an accident with a rideshare driver.
New clients can call (470) 323-8779 or contact us online to schedule a free, no-obligation case review. This first meeting will be entirely confidential and allow us to review all the details of your specific accident so we can help you outline the best path forward.
When to Reach Out to a Smyrna Rideshare Attorney
As if rideshare accidents weren’t confusing enough, knowing when to get an attorney involved can be difficult. Luckily, we’ve broken things into four distinct scenarios when you should seek legal counsel.
You’re Another Driver Who Has Been Struck By a Rideshare Vehicle
If you were a driver (or passenger) in a vehicle that was struck by a rideshare driver, it’s essential to consult a rideshare attorney if you believe the accident was caused by the other party’s negligence.
An attorney can help you organize your insurance claim and ensure that you receive fair compensation for your property damage, medical expenses, and lost wages. They’ll also guide you through the process of proving liability and negotiating with the rideshare company’s insurance provider.
You’re a Passenger Who Has Sustained Injuries
As a ride-sharing vehicle passenger, your well-being should be a top priority. If you sustain injuries due to the accident, you’ll want to contact an attorney immediately. They can help you coordinate with the rideshare driver’s insurance company to secure the compensation you need for your medical bills, pain and suffering, lost wages, and other damages.
You’ve Encountered Disputes with the Relevant Insurance Companies
Insurance companies are notorious for minimizing payouts, especially when representing a commercial venture. Often, they do their best to quickly close the claim while providing as little compensation as possible.
At times, this can mean the company may attempt to offer you a settlement that is too low to accurately pay for all of your expenses — but at other times, it can mean the insurance company attempts to deny fault altogether.
If you encounter any difficulties dealing with insurance providers — whether you’re a rideshare driver, passenger, or another party involved — a rideshare attorney will be a valuable ally. They can negotiate with the insurers on your behalf to ensure you receive a fair settlement that fully addresses your damages, past and future.
You’re Dealing With Complicated Liability Issues
As noted, rideshare accidents often involve multiple parties, such as the company, other drivers, pedestrians, and passengers. So if the question of liability seems overly complicated — or is disputed — a rideshare attorney can come to your rescue.
They’ll investigate the accident, analyze the evidence, and determine who to hold responsible. Whether you’re a passenger seeking compensation or a driver defending yourself from unfair blame, an attorney can quickly provide expert legal guidance tailored to your unique situation.
Georgia’s Modified Comparative Fault System
To make things even more complicated, Georgia operates under a modified comparative fault system, meaning fault and liability can be divided among the multiple parties involved in the accident. For instance, if both the rideshare driver and another driver share blame for a collision, fault may be divided.
So, how does this work in practice? Well, let’s work through an example.
Modified Comparative Fault in Practice
Say, John, a rideshare driver, is transporting his passenger, Sarah. John has a green light and thus the right of way at an intersection.
Another driver, Mark, disregards his own red light and collides with John’s vehicle.
In this scenario, modified comparative fault will come into play to determine the liability and proportion of damages each party should bear. So here’s how this would work:
- Mark, the other driver, is likely to be declared clearly at fault for running the red light. Consequently, his negligence led to the accident.
- John, the rideshare driver, may bear a small degree of responsibility if he was, for example, slightly speeding (even though he had the right of way). So, for the sake of this example, let’s assume the court finds John 10% at fault for the accident.
- Sarah, the passenger, did not contribute to the accident at all.
With a modified comparative fault system, Georgia follows a 50% bar rule. This means that if an injured party is found to be 50% or more at fault for a car accident, they are barred from recovering any damages.
However, in this example, neither John nor Sarah played a significant role in causing the accident. John, the rideshare driver, who was partially at fault, may still seek compensation from Mark’s insurance company for his injuries and property damage, but his compensation will be reduced by his 10% share of fault.
As a passenger, Sarah can also file a claim against both insurers, as appropriate, and her recovery will not be affected by the comparative fault rule since she did not contribute to the accident.
But what happens if the rideshare driver were to blame for the incident, how does a rideshare driver’s insurance coverage work?
Understanding Uber and Lyft Insurance Coverage
Uber and Lyft break their insurance coverage into three different ‘stages.’ As a result, rideshare drivers cannot solely rely on these companies to provide the insurance coverage they need to operate their vehicles.
Instead, they must secure personal auto coverage to cover them while driving off-duty.
Additionally, most rideshare drivers will also opt to add commercial accident coverage on top of their traditional policy to ensure they have all their bases covered. Then, depending on where they are on their ‘trip,’ they’ll be able to tap into Uber and Lyft’s coverage where needed.
Here’s a step-by-step breakdown of how that insurance coverage kicks in:
Stage 1: App Is Off
When the rideshare driver’s app is off, they will not have access to accident coverage from Uber or Lyft.
Instead, their personal auto policy will be used to cover any immediate accident and should traditionally cover any damages that occur. Because both platforms only require the driver to meet the state’s minimum insurance coverage requirements, complications may arise if you are involved in a more serious car accident with a rideshare driver.
Stage 2: The App Is On, and the Driver Is Waiting for a Ride Request
Once the driver turns their app on and waits for a ride request, the rideshare company will provide the first level of (limited) liability coverage. However, at this stage, the coverage will still be secondary to the driver’s personal insurance.
If the driver’s personal auto insurance doesn’t apply (i.e., if they have not secured the appropriate commercial accident coverage), Uber will supply the following in third-party liability coverage:
- $75,000 in bodily injury per person
- $150,000 in bodily injury per accident
- $25,000 in property damage per accident
Under the same circumstances, Lyft will supply the following in third-party liability coverage:
- $50,000 in bodily injury per person
- $100,000 in bodily injury per accident
- $25,000 in property damage per accident
Additionally, Uber will also provide the following in Uninsured/Underinsured motorist bodily injury coverage:
- $25,000 in bodily injury per person
- $50,000 in bodily injury per accident
- $50,000 death per person
- $100,000 death per accident
- $50,000 per insured person in personal injury protection
Step 3: En Route to a Pickup Location
Once the driver accepts a ride request and is en route to pick up their passenger, Uber and Lyft will provide additional coverage when an accident occurs. This coverage will include liability, underinsured/uninsured motorist coverage, and contingent comprehensive and collision coverage for the driver’s vehicle.
Uber offers the following in the event of a (covered) accident:
- $1,250,000 third-party liability
- $1,250,000 Uninsured/underinsured motorist bodily injury
- $50,000 Personal Injury Protection per person
- Contingent comprehensive and collision coverage up to the vehicle’s actual cash value of the car (with a $2,500 deductible)
Lyft offers the following in the event of a (covered) accident:
- At least $1,000,000 for third-party auto liability
- First-party coverages may include uninsured motorist coverage, underinsured motorist coverage, PIP, MedPay, and/or Occupational Accident coverage.
- If a driver obtains comprehensive and collision coverage on their personal auto policy, Lyft then maintains contingent comprehensive & collision coverage up to the actual cash value of the car (with a $2,500 deductible)
Contact a Rideshare Accident Law Firm Today
If those insurance breakdowns aren’t enough to make your head spin, remember that the insurance companies involved will be fierce, intimidating, and all-the-less willing to get you the compensation you may be owed.
Don’t hesitate to enlist the help of an experienced attorney. At the CEO Lawyer Personal Injury Law Firm, we’re here to help, and no matter your accident, we can help you design an efficient path forward to expedite the recovery process.
New clients can call (470) 323-8779 or contact us online to schedule a free, no-obligation case review. This first meeting will be entirely confidential and allow us to review all the details of your specific accident so we can help you outline the best path forward.
