Services like Uber and Lyft are becoming popular. Knowing who is at fault when passengers are injured in Uber accidents, and who has to pay for injuries, is the hardest part. Is the liability in the hands of the Lyft/Uber driver? Or would the company of the driver be liable? Would the driver’s insurance be responsible to pay, or would it be that of the company? What if the Uber/Lyft driver was not on the clock when the accident happened?
By investigating taxi/rideshare accidents, as well as other automobile accidents, it can be determined who the negligent party was. If you were the passenger in the Uber/Lyft and were hit by another vehicle, the other vehicle’s driver would be responsible for having their insurance pay for injuries.
But what if the fault is in the hands of the driver of the vehicle that you have had an accident in? Then who would have to pay?
In Uber accidents, the driver uses his or her own automobile. Therefore, there is a legal obligation for drivers to have insurance for the legal limits. If an Uber/Lyft driver is involved in an accident off-duty, then it would be the responsibility of his or her personal insurance to pay for damages.
However, Uber/Lyft are required to provide insurance to their drivers also. For example, the rideshare company’s insurance would cover the driver if he or she was in an accident while on the clock. This is true for taxi drivers too: the insurance coverage would be provided by the taxi company for any injuries occurred while on the job, for both the driver and passengers.
Some courts have found that Uber/Lyft drivers should be considered employees, even though they’re more often considered to be independent contractors. Therefore, if you take legal action against an Uber/Lyft driver, it may be the liability of the company they work for according to the theory of vicarious liability.
To receive the maximum amount of damages back after being involved in an accident as an Uber/Lyft driver or passenger, you should contact an attorney to work for you.
Contact an experienced attorney today if you were involved in an accident and have more questions about what your claim is worth, benefits of having an attorney, how to file your claim, etc.
Steven Krause is a personal injury, auto accident, and workers’ compensation lawyer who practices in Anderson, SC. He graduated form the Thomas M. Cooley School of Law and has been practicing law for 40 years now. Steven Krause believes in fighting for the injured. Learn more about his experience here.