SKILLED IN CAR ACCIDENT CASES
UBER – A CONVENIENT WAY TO CATCH A RIDE
With the popularity of ride-sharing vehicles, including those operated by the two largest and most popular ride-sharing companies, Uber and Lyft, increasing, many people have even considered giving up their personal vehicles as a way to save money and go green. And while ride-share vehicles offer numerous benefits, including a less expensive way to get to and from, a safe way to get home after a few drinks, and a convenient way to catch a ride when the weather is too poor for biking or walking, ride-sharing isn’t a perfect system.
To be sure, ride-share drivers are human, and therefore often make the same errors behind the wheel as do other drivers, sometimes leading to accidents. And when a ride-share accident occurs, determining liability for the accident–and which insurance company will pay for damages–can be complicated.
At the law firm of Groth & Associates, our Uber/Lyft ride-sharing accident lawyers in OH have experience representing clients pursuing ride-share accident claims. If you have questions about your recovery options after a ride-share accident or need representation from a qualified Uber accident lawyer in OH, we can help.
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DAMAGES RECOVERABLE IN A RIDE-SHARE INSURANCE CLAIM
A rideshare accident, when serious, can leave a passenger with the same injury types that are possible in any other car accident, including traumatic brain injury, a spinal cord injury, bone fractures, internal injuries, bruising and lacerations, and more. Of course, these injuries can be very expensive to treat, not to mention painful and disabling. What’s more, as a person heals from their injuries, they may be forced to miss work, resulting in lost wages on top of high medical expenses. Following a serious accident, many people develop psychological injuries, such as post-traumatic stress disorder–too.
Our top priority when you hire our law firm is to make sure that you are able to recover the full value of damages that you deserve after a crash, including compensation for your economic and noneconomic losses, like medical bills, lost wages, and pain and suffering. We’ll work hard to identify all potential sources of insurance coverage to improve your chances of recovering your full settlement amount.
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UBER’S LIABILITY COVERAGE WILL PROVIDE UP TO $100,000 PER ACCIDENT FOR BODILY INJURY COVERAGE.
All Uber and Lyft drivers are required to carry insurance through their personal car insurance company. What’s more, both Uber and Lyft provide drivers with coverage while they are working for the respective company. Something that can be complicated about this coverage, though, is that it only applies at certain times. To be sure, according to Uber’s website, here’s an overview of how ride-share insurance works depending upon the driver/passenger status:
- While a ride-share driver is waiting for a ride request…
While a ride-share driver is waiting for a ride request, that driver has coverage for their own liability in the event that they are in a crash with another party that is the result of their own fault. For example, if a driver who is waiting for a ride request and has the Uber app turns on hits you as you are crossing the street on foot, Uber’s liability coverage will provide up to $100,000 per accident for bodily injury coverage.
- While a ride-share driver has accepted a ride request and is en route to pick up a passenger or is transporting a passenger….
If a ride-share driver has a passenger within their vehicle or is traveling to pick up a passenger, they maintain third-party liability coverage in the amount of $1,000,000, provided by the ride-share company. This includes accidents with other drivers, pedestrians, and cyclists that the ride-share driver causes.
If a ride-share driver is offline and not signed into the ride-share app and is using their vehicle for personal use, there is no ride-share insurance coverage available; instead, their personal insurance coverage would be responsible for any damages that result from the driver’s fault.
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Stevin is by far the best Lawyer that I have encountered. He is professional, knowledgeable, and very patient. I have lived out of the country for the past 5 years and anytime I needed legal assistance he has always been there for me as if I was next door. I would strongly recommend Stevin Groth no matter what the circumstances are. His dedication and attention to detail is what’s appreciated the most. Thanks for all that you have done and you will continue to do for me.
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WHAT OTHER SOURCES OF INSURANCE MY BE AVAILABLE IN A REIDE-SHARING ACCIDENT?
In addition to liability insurance provided by the rideshare company or the driver’s personal liability insurance, there may also be other types of insurance available depending on who was involved in the accident and who was at fault for the accident. Types of insurance that may be available in your rideshare accident claim include:
- Your uninsured/underinsured motorist coverage (if you were driving a vehicle hit by an uninsured ride-share driver who was not using the app at the time of accident);
- The insurance company of a third party driver whose negligence caused the accident in which you were acting as a passenger in a ride-share vehicle.
You may also carry medical payments (MedPay) coverage as part of your personal insurance plan, and if you do, this insurance type may kick in, regardless of fault, if you are involved in an accident. Your personal health insurance coverage should also help to pay for damages you’ve suffered.
TOP REASONS WHY YOU NEED A TOLEDO RIDE-SHARING ACCIDENT LAWYER
The biggest reason that you should work with a Toledo ride-share accident lawyer is that ride-share accidents are often complex; there is often a dispute over who is at fault for the crash and who should pay for damages as a result, as well as which insurance policy applies in the given circumstance. When you work with a Toledo ride-sharing accident lawyer, your lawyer can open an investigation to prove fault and determine liability. At Groth & Associates, we have the resources to fully commit to your case, including hiring accident reconstruction experts when necessary.
Another reason that you should work with an attorney after a ride-share accident is that the insurance adjuster assigned to your claim may try to devalue your case and offer you a settlement that is less than you deserve. Adjusters are more likely to do this when claimants do not have legal representation, as they assume a claimant won’t know any better.
Uber/Lyft Accident FAQs
My driver assaulted me—can I sue?
You can certainly sue the driver. Anyone who touches you without your consent has committed battery, which is an intentional tort. You deserve compensation. Unfortunately, both Uber and Lyft have reported thousands of assaults committed by their drivers. Although each company has committed to screening out those with criminal records from driving for them, the fact is that assaults still happen. Some rideshare passengers are even abducted and taken to secret locations.
The harder question is whether you can sue Uber or Lyft for the driver’s assault. A driver is responsible for his actions—the rideshare company might not be. Instead, we need to know if Uber or Lyft committed negligence in how they hired or trained their drivers. Also, if the rideshare company got complaints, then they should investigate or prevent the driver from using the app. Let an attorney investigate. It’s much better to sue Uber or Lyft, because they will have more insurance. The driver who assaulted or abducted you might not have any money to pay a settlement.
Should I call the police after an accident?
Yes. You will want there to be a police report about the crash. Insurers rely on them to make sure the accident really happened, as well as to confirm the day and time of the collision. If you are an Uber or Lyft passenger, ask your driver if they are calling. Definitely make sure to call if the driver doesn’t.
Should I document the accident?
You should treat it like any other collision. That means talking to any witnesses and asking for their name and phone number or email. You should also use your phone to take pictures of the vehicles, especially where they ended up.
Some Uber/Lyft passengers wrongly think that their driver is doing all this. In reality, your driver might have an incentive to pretend they weren’t in an accident. Since you can’t rely on anyone else to get this evidence, make sure to get it yourself.
Can I receive compensation if an off-duty Lyft driver struck me?
Yes, but the fact that they are not “on duty” means they are no different than any other driver on the road. Lyft and Uber drivers are not employees of their companies. So if they aren’t logged into the app looking for rides, they are no different than any other Toledo driver. You will need to make an insurance claim on their personal car insurance. The Uber/Lyft coverage does not come into play.
Will Lyft/Uber cover my injuries when I exhaust the other driver’s insurance?
Yes. This is one of the great advantages of rideshare insurance policies. Let’s say you were a passenger in a Lyft, which was struck by a drunk driver. You can sue the driver for your injuries. But they might only have the minimum insurance required by Ohio. That would mean a maximum of $25,000 available for your bodily injuries. However, your medical care costs $150,000 and you lose another $35,000 in wages—not to mention your pain and suffering. Your losses far exceed the insurance available.
Helpfully, rideshare insurance will cover any uncompensated losses up to $1 million. You should work with your attorney to make a claim on that policy.
Will my own negligence reduce my compensation?
Probably. Ohio has a comparative negligence law that awards damages proportionally based on fault. That means if you are 40% to blame for an accident, you will only get 60% of your damages. As an example, you might have been waiting to make a left-hand turn in an intersection, but you were way over the line. The Uber coming through the intersection clips you, and you sustain injuries. You are unlikely to receive 100% of your damages because your fault contributed to the crash.
Be careful if Uber or Lyft (or their insurers) blame you for negligence. Under Ohio law, if you are more than 50% at fault, you will receive nothing. This is one reason why their insurance companies try to get victims to give recorded statements. They are looking to trip you up and get you to admit to making some mistake. It is vital that you work closely with our Toledo Uber/Lyft accident lawyers so that you don’t mistakenly accept blame for the crash.
Can I receive compensation if I wasn’t wearing my seat belt?
Yes. Under ORC 4513.263(F)(1), failure to wear a seat belt cannot be considered comparative negligence. That means you can still bring a claim for your injuries. However, your failure to wear a belt might be considered when calculating your non-economic damages, like pain and suffering.
CALL OUR TOLEDO UBER/LYFT RIDE-SHARE ACCIDENT LAWYERS TODAY
Being in a crash can be scary, and the last thing that you want to worry about in the aftermath is having to fight tooth and nail for a fair settlement. To learn more about how we can help you, please call our law firm today or send us a message to request your free consultation.