As a rideshare driver, you provide an important service to your community. However, this line of work comes with risks, including the possibility of being involved in a car accident. If you are injured while driving for a rideshare company, you may be entitled to compensation. But pursuing an injury claim can pose unique challenges. In this article, we discuss common hurdles rideshare drivers face after an accident and provide guidance on overcoming them. With knowledge and preparation, you can better protect yourself if the unthinkable occurs. We cover key considerations like insurance, evidence, and liability so you understand your rights and know what to expect from the claims process. Arm yourself with information so you are not blindsided if you need to file an injury claim related to a rideshare accident.
Establishing Liability in Rideshare Accidents
Determining the At-Fault Party
In rideshare accidents, determining liability can be complicated since there are multiple parties involved: the driver, the rideshare company, and other motorists. The at-fault party is typically the one whose negligence caused the crash. You'll need to examine factors like who disobeyed traffic laws, who was distracted or impaired, the condition of the vehicles involved, and the events leading up to and during the collision.
Driver vs. Rideshare Company Liability
Rideshare drivers are independent contractors, not employees, though rideshare companies do carry insurance policies that may provide coverage. If the driver's negligence, such as speeding or drunk driving, caused the crash, they can be held liable. However, if the accident was due to the rideshare company's negligence in hiring, training or supervising the driver, the company may share liability.
Other Motorists
Other drivers involved in the crash may also be partly or fully liable for your injuries and losses. As in any car accident claim, you'll need evidence to prove the other motorist's fault, such as eyewitness testimony, photos of the scene, police reports, and medical records documenting your injuries.
Shared Liability
In some cases, liability may be shared between multiple parties. Your state's shared liability laws determine how much each party owes. Some states use a "51 percent bar rule" where any party less than 51 percent at fault owes nothing. Other states apply proportional liability where each party pays according to their percentage of fault. A skilled attorney can help establish liability and negotiate the best possible settlement in your case.
Proving Injuries and Damages From Rideshare Accidents
Gathering Evidence
To prove injuries and damages from a rideshare accident, you must gather concrete evidence. This includes medical records, photos of the vehicles involved, photos of the accident scene, and witness statements. Medical records will show the extent of your injuries. Photos will provide visual documentation of the damage. Witness statements add credibility to your claim.
Documenting Lost Wages
If your injuries prevent you from working, keep records of lost wages. Ask your employer for documentation of typical hours and pay. This evidence of lost earning capacity will strengthen your claim for compensation.
Calculating Non-Economic Damages
In addition to economic losses, you may be entitled to non-economic damages for pain and suffering. These are more difficult to quantify but can be calculated by considering the severity and duration of your injuries. Permanent disabilities or disfigurement generally warrant higher non-economic damages. Your lawyer can help determine an appropriate amount based on legal precedent.
Overcoming Common Defenses
Rideshare companies may try to avoid liability by claiming that the driver was an independent contractor or that you assumed the risk by voluntarily entering the vehicle. However, in many cases the rideshare company can still be held vicariously liable for the driver’s negligence. Your lawyer can evaluate the details of your case and potential defenses to build the strongest argument for compensation. With thorough evidence and a well-crafted legal strategy, you can overcome challenges in proving your rideshare accident claim.
Navigating Insurance Complexities With Rideshare Companies
Coverage Gaps
When using a rideshare service, the insurance coverage can be complex. The rideshare company’s commercial insurance policy typically only covers the period when you are actually in the vehicle with a driver. When the ride ends, so does their coverage. This can leave gaps when the driver is logged into the app but not yet matched with a rider, or when the ride is over but the driver has not yet ended the ride in the app. During these periods, the driver’s personal auto insurance is responsible, but it may not cover commercial activity like ridesharing.
Notifying Your Insurance Provider
To avoid issues, notify your own auto insurance provider that you drive for a rideshare company. They may adjust your policy to account for this, often for a small additional fee. If you do not inform them, they may deny a claim in the event of an accident during a coverage gap. The rideshare company’s insurance should still cover you during an active ride, but when in doubt, contact the rideshare company to report the incident as well.
Additional Rideshare Insurance
Some auto insurers now offer rideshare endorsements or hybrid policies that provide continuous coverage for the vehicle regardless of rideshare usage. These help fill in the gaps left by the rideshare company’s coverage and ensure you have coverage at all times. The additional cost for such a policy will depend on factors like your driving history and vehicle details. Compare options from different companies to find a good, affordable rideshare-friendly policy.
Driving for a rideshare service introduces many new variables around insurance coverage. Doing thorough research on the policies of rideshare companies and your own auto insurer will help ensure you have coverage when you need it most. With some advance planning, you can patch the common insurance gaps associated with ridesharing and gain peace of mind behind the wheel.
Statute of Limitations for Rideshare Accident Claims
The statute of limitations refers to the time period in which you can file a lawsuit for damages. Each state has its own statute of limitations for personal injury claims, including those arising from rideshare accidents. Typically, the statute of limitations ranges from 1 to 6 years, depending on the state.
Identifying the Statute of Limitations in Your State
To determine the statute of limitations for rideshare accident claims in your state, you will need to check with your state's civil procedure laws. Some states have specific statutes of limitations for auto accident claims, while others have more general personal injury statutes of limitations that would apply. It is important to identify the correct statute of limitations in your state and file your claim before the deadline.
The Discovery Rule and Its Impact
Some states apply the "discovery rule" to determine when the statute of limitations begins to run. Under the discovery rule, the statute of limitations starts when the injury is discovered or reasonably should have been discovered. For rideshare accident claims, this means the statute of limitations may not begin until you realize the rideshare driver or company was responsible for your injuries. However, other states start the statute of limitations at the time of the accident or injury, so you will need to check the laws in your state.
The Impact of Failing to Comply with the Statute of Limitations
If you fail to file a claim within the statute of limitations in your state, you will likely lose your right to pursue compensation for your injuries and damages. Although some limited exceptions may apply, missing the statute of limitations is one of the most common reasons injury claims are barred. To preserve your right to file a rideshare accident claim, be sure to understand the statute of limitations in your state and take action within the required time period. Consulting with a personal injury attorney in your state is the best way to make sure you comply with the statute of limitations and protect your legal rights.
Why Hire a Texas Car Accident Lawyer for Your Rideshare Claim
Navigating Complex Legal Procedures
Rideshare accident claims involve various complex legal procedures that require expertise to handle. Hiring an experienced Texas car accident lawyer will ensure your case is managed properly according to the state’s regulations and laws. They can also negotiate with insurance companies on your behalf to obtain fair compensation for injuries and damages.
Determining Liability
In rideshare accidents, determining liability can be complicated since there are multiple parties involved - the driver, the rideshare company and other vehicle operators. An attorney can investigate your accident to establish who is at fault by collecting evidence from the scene, interviewing witnesses, obtaining police and medical reports. They can then build a strong case to prove the liable party’s negligence and responsibility.
Maximizing Compensation
Lawyers who handle rideshare accident cases regularly have the skills and knowledge to determine the total value of your claim. They will consider factors like the severity of injuries, loss of income, pain and suffering, and calculate damages to ensure maximum compensation. Insurance companies often make low settlement offers hoping claimants will accept. But with legal counsel, you have a better chance of obtaining fair compensation for all losses.
Peace of Mind During Recovery
Recovering from injuries sustained in a rideshare accident requires time and patience. Hiring a lawyer allows you to focus on your recovery without the added stress of handling legal procedures or negotiating with insurance companies yourself. Your attorney can take over all communication and paperwork, update you on the progress of your case, and fight for your best interests so you receive compensation to aid your recovery.
In summary, rideshare accident claims can be extremely complex with many legal technicalities. Hiring an experienced Texas car accident lawyer is highly advisable to relieve you of legal burdens during recovery, determine liability, maximize compensation and successfully resolve your case. Your attorney can handle all legal matters properly on your behalf so you receive fair compensation for your injuries and losses.
Conclusion
Though rideshare accident claims come with unique challenges, you now have a better understanding of how to navigate the claims process successfully. With knowledge of common disputes over liability and delays in compensation, you can proactively take steps to protect yourself, such as contacting your insurer right away, consulting with lawyers at Fletcher Law, and gathering evidence from the scene. While complex, rideshare claims don’t have to leave you feeling powerless. Equipped with the insights from this article, you can tackle even messy rideshare accidents with confidence, get the compensation you deserve on time, and move on from the accident smoothly.