Determining who pays for your damages in a rideshare accident depends on the specific circumstances of the crash, primarily what the driver was doing at the moment of impact and the status of their app. You may need to file a claim against the rideshare driver's personal insurance, the company’s corporate policy, or another at-fault driver.
Accidents involving Uber and Lyft are more complex than typical car crashes because multiple insurance policies and companies want to limit their financial exposure. A rideshare accident lawyer can clarify your rights, identify liable parties, and pursue the correct sources of compensation.
Key Takeaways for Who Pays for Damages in a Rideshare Accident
- Rideshare companies like Uber and Lyft provide different levels of commercial insurance coverage based on whether the driver is waiting for a request, en route to a passenger, or transporting a passenger.
- If another motorist causes the accident, their auto insurance is typically the primary source of compensation for your injuries.
- Multiple parties may share liability, but a rideshare lawyer can investigate the crash to determine which insurance company is responsible.
Identifying the At-Fault Party in a Rideshare Collision
Like any other traffic collision, the negligent party (and their insurance) is responsible for the harm they cause. A driver in Baltimore’s Federal Hill district who runs a red light and hits your Uber is liable for your injuries. In this case, you would file a claim against that driver’s insurance.
The challenge arises when the rideshare driver is partially or fully at fault for the incident, at which point the driver’s app status becomes very important. Rideshare companies’ insurance policies are structured around the driver’s activity.
Complex Rideshare Insurance Policies
Maryland law requires rideshare companies to carry significant insurance coverage to protect people hurt in accidents. This coverage applies differently depending on the driver's actions within the app.
The applicable insurance depends on the driver's status in the app:
- App Is Off: If the rideshare driver isn’t logged into the app, their personal auto insurance is the sole source of coverage, and the rideshare company isn’t involved.
- Waiting for a Request: When the driver is logged in and available, a lower level of corporate insurance applies for liability, including up to $50,000 per person and $100,000 per accident if the driver's personal policy doesn't apply.
- En Route or Transporting: Once the driver accepts a request and is on the way to a passenger or has them in the vehicle, the company's full $1 million commercial liability policy is in effect.
How a Lawyer Helps With Rideshare Accident Claims
An attorney does much more than file paperwork; they act as your advocate, working to secure the full compensation you need for your recovery. A lawyer handles every aspect of your case so you can focus on healing.
Here are specific ways a rideshare accident lawyer can assist you:
- The Investigation: Your attorney conducts an independent investigation to determine exactly how the accident happened and who is at fault.
- Collecting Evidence: They gather crucial evidence, such as the police report, witness statements, traffic camera footage, and the rideshare driver’s electronic data.
- Handling Communications: Your lawyer manages all communications with insurance companies, preventing adjusters from pressuring you into accepting a low settlement.
- Calculating Damages: They accurately assess the full value of your claim, including current and future medical costs, lost wages, and pain and suffering.
- Negotiations: Your attorney leverages the evidence to negotiate for a fair settlement covering all your losses.
FAQ for Who Pays for Damages in a Rideshare Accident: The Driver, the Company, or the Other Party?
Can I Sue the Rideshare Driver Directly After a Crash?
Yes, you can sue the rideshare driver directly, as they are the individual who may have operated the vehicle negligently. However, the claim is typically filed against their applicable insurance policy first. Legal action becomes a path forward if the insurance company refuses to offer a fair settlement.
What Kind of Compensation Can I Receive After a Rideshare Accident?
After a rideshare crash, you may pursue compensation for a range of losses you have suffered. The goal is to recover payments for the economic and non-economic harm you experienced.
Compensation may include:
- Medical Expenses: This payment covers the costs related to your injuries, including hospital stays, surgeries, medications, and physical therapy.
- Lost Wages: You may recover reimbursement for the income you lost while unable to work and compensation for any diminished future earning capacity.
- Pain and Suffering: This payment addresses the physical pain, emotional distress, and reduced quality of life caused by the accident.
How Does a Rideshare Lawyer Determine Fault When Multiple Vehicles Are Involved?
In a multi-vehicle pileup, such as one on I-95 through Baltimore, fault is determined by investigating each driver's actions. An attorney will use evidence like police reports, vehicle damage, and eyewitness accounts to establish the sequence of events.
This process focuses on identifying negligence, which is a driver’s failure to operate their vehicle with reasonable care. Examples of driver negligence include actions like texting while driving, speeding, following too closely, or making an unsafe lane change.
Take Control After Your Rideshare Accident
The confusion after a rideshare accident is real, but you don’t have to face it alone. You can hold the responsible parties accountable and demand the resources you need to recover.
Taking action with a skilled legal team sends a clear message that you won’t bear the financial burden of someone else’s negligence. Contact Furman Honick Law today at (410) 406-7890 for a compassionate and confidential consultation.
Dustin Furman
Founding Partner
Dustin Furman is a founding partner of the firm and has tried hundreds of cases, recovering tens of millions of dollars for his clients. Dustin’s journey to becoming a trial attorney started back in high school, where he worked for a premier medical malpractice firm. Dustin then graduated college early and started law school at just 20 years old. As a result, Dustin was the youngest graduate in his class at 23 years old.
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