Whose Insurance Applies in Rideshare Accidents?

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If you are injured in an accident while traveling in an Uber, Lyft, or other rideshare service, you may question whose insurance policy applies. Should you attempt to seek coverage from the rideshare company’s insurance or from the driver’s personal car insurance? The answer will depend on the type of insurance the driver possesses and the status of the driver when the accident occurred. The following article will discuss situations where a rideshare company’s car insurance applies to an accident, as well as situations where a rideshare driver will have to use his own auto insurance after an accident.

When Does the Rideshare Company’s Car Insurance Policy Apply?

In order to determine if the rideshare company’s car insurance applies, you must first determine the status of the rideshare driver at the time of the accident. For example, if the rideshare driver’s app is on and that driver is waiting for a customer to request a ride when an accident occurs, Uber and Lyft both provide the following types of liability coverage for the driver:

  • $50,000 per person for bodily injury
  • $100,000 per accident for bodily injury
  • $25,000 per accident for property damage

Conversely, if the rideshare driver is in the process of transporting a rideshare passenger, or has been assigned a passenger and is on his way to pick up that passenger, Uber and Lyft will provide the following types of coverage if an accident occurs:

  • $1,000,000 in third-party liability protection
  • Uninsured/underinsured coverage for bodily injuries
  • Collision and comprehensive protection (which requires payment of a deductible and is contingent on the driver already possessing some type of collision and comprehensive personal car insurance coverage)

When Does the Driver’s Car Insurance Policy Apply?

If someone is injured in a rideshare accident, another option is to seek coverage directly from the driver’s personal car insurance policy. However, it must be noted that most traditional car insurance policies will only provide compensation if the driver’s rideshare app was not in use at the time of the accident and the driver was considered “off-duty” (which is unlikely if a person was injured within his capacity as a rideshare passenger).

However, even if the driver could show that his rideshare app was off and that he was “off duty” for all intents and purposes at the time of the accident, a passenger may still be able to seek compensation from the driver’s personal car insurance policy in the following two situations:

  • The driver possesses a hybrid car insurance policy that provides coverage regardless of whether the policyholder is working as a rideshare driver at the time of the accident. This kind of insurance policy provides coverage regardless of whether the driver intends to use his vehicle for business or personal reasons.
  • The driver has a ride-hailing insurance endorsement that can be purchased and added to an existing personal car insurance policy. This kind of extended insurance policy is made specifically for those drivers who drive for ridesharing companies.

 

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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