Chattanooga has various ridesharing options, such as Uber and Lyft. Rideshare services have gained significant popularity in the last few years.
Our rideshare accident lawyers have handled many cases involving Uber drivers and Lyft drivers. If you have been involved in a serious rideshare vehicle collision, reach out to a qualified car accident attorney who can examine your personal injury claim and help you determine and pursue your legal options.
Common Carriers Include Rideshare Companies
Common carriers include anybody who drives for the public. This includes taxi services, drive share services, and rideshare services like Uber and Lyft. They are required to have certain levels of insurance and have qualified drivers who meet certain safety standards.
How Are Rideshare Accidents Different From Regular Accidents?
There is not a great technical difference between common carrier accidents and personal car accidents, but there are some practical differences. Because the driver is engaged in a commercial enterprise, they are held to a higher standard.
That driver is driving for money, which means the public and juries generally tend to expect a higher level of care from a person selling a driving service or renting a driving service to the public. Also, they usually tend to have higher insurance policy limits, which allows for higher recovery in some cases. The taxi status does not have an effect on the injury claim. It means that the driver is supposed to pay attention and protect the people in their care, but so is everybody else driving a car.
Who Is Responsible for Paying Damages?
Rideshare drivers typically have their own insurance. Uber and Lyft also provide insurance on top of that. Several cases have been settled with Uber and Lyft, achieving good results for clients. Sometimes, those results have been from rideshare companies’ own insurance.
People can recover damages caused by a rideshare driver by making an insurance claim against the driver and against the rideshare company. These are very complicated claims. The person is much better off hiring a lawyer to bring these types of claims. They ultimately may require a lawsuit to resolve the claim. From a legal perspective, they work the same as other car wreck claims.
Understanding Rideshare Insurance Coverage
Rideshare accidents can be legally complex because insurance coverage varies depending on what the driver was doing at the time of the crash. Companies like Uber and Lyft divide coverage into three distinct periods, and each one affects who is responsible for paying damages.
Here’s how it works in each scenario:
- App On, Waiting for a Ride
When the rideshare driver has the app turned on but hasn’t yet accepted a ride request, their personal auto insurance is supplemented by limited liability coverage from Uber or Lyft. This typically includes:- $50,000 per person for bodily injury
- $100,000 per accident for bodily injury
- $25,000 for property damage: This coverage only applies if the driver’s personal insurance won’t cover the accident. Because the driver isn’t actively on a ride, coverage is more limited during this phase.
- En Route to Pick Up a Passenger
Once the driver has accepted a ride and is on their way to pick up the passenger, rideshare companies provide commercial insurance coverage, which significantly increases the protection. At this stage, the rideshare company offers:- $1 million in third-party liability coverage
- Comprehensive and collision coverage (if the driver has it personally)
- Passenger in Vehicle
When the passenger is inside the vehicle, the most comprehensive coverage is in effect. This includes:- $1 million in liability coverage
- Uninsured/underinsured motorist coverage
- Comprehensive and collision coverage for the driver’s vehicle
This is the most protected period because the company is actively profiting from the ride, so both the driver and passenger are covered by high-limit policies.
Why It Matters for Your Case
The insurance coverage that applies can dramatically affect how much compensation is available after a crash. If the accident occurs while the driver is off-duty or the app is off, only their personal insurance may apply. But if the crash happens during an active ride, Uber or Lyft’s $1 million policy could be triggered. Determining the exact coverage period is essential in building a strong claim and ensuring all liable parties are held accountable.
Passenger, Driver, or Pedestrian: How Your Role Affects Your Case
In a rideshare accident, your role, including the vehicle you’re in or how you’re traveling at the time of the crash, can significantly impact how liability is determined and what type of claim you may file.
Here’s how it breaks down:
- Passenger in a Rideshare: Passengers are almost never at fault and typically have the strongest claims after accidents. If the rideshare driver is responsible, you may be covered under the company’s $1 million liability policy. If another driver caused the crash, their insurance—or the rideshare company’s uninsured/underinsured coverage—may apply.
- The Rideshare Driver: If you’re the driver and someone else caused the crash, you may file a claim against that party’s insurance. If you’re at fault, your own coverage may apply, but if you were logged into the app, Uber or Lyft’s insurance may also help, depending on which coverage period you were in.
- A Pedestrian or Cyclist: If you’re hit by a rideshare vehicle, you may have a claim against the driver and potentially against Uber or Lyft. Whether the driver was on duty at the time will determine which insurance policy applies. This often requires an investigation to confirm the app’s status.
- Occupant of Another Vehicle: If you were driving or riding in a non-rideshare vehicle involved in the crash, liability will depend on who was at fault. If the rideshare driver caused the accident while logged into the app, you may be eligible for compensation through Uber or Lyft’s insurance coverage.
Every case is unique, and identifying who is responsible and which insurance policies are in play can be complex. Our Chattanooga rideshare accident attorneys can help you understand your rights and fight for the compensation you deserve based on your role in the crash.
What to Do Immediately After a Rideshare Accident
If you’re involved in an accident with or while riding in an Uber, Lyft, or other rideshare vehicle in Chattanooga, taking the right steps immediately after the crash can protect your health and your legal rights. Here’s what you should do:
- Seek Medical Attention: Your health should be your top priority. Even if you feel fine at first, injuries like whiplash, concussions, or internal trauma may not show symptoms right away. Get checked out by a medical professional as soon as possible to document your condition and begin any necessary treatment.
- Report the Accident: Call 911 to report the accident and wait for law enforcement to arrive. A police report will serve as an official record of what happened. You should also report the incident through the rideshare app so the company is aware of the crash. This can help later when determining who is responsible and which insurance policy may apply.
- Gather Evidence: If you are able, take photos of the vehicles, road conditions, visible injuries, and the surrounding area. Ask the rideshare driver for their name, contact info, and insurance details. If there are witnesses, get their statements and contact information as well—this can all support your claim down the line.
- Avoid Speaking to Insurance Companies: Insurance adjusters may contact you quickly after the crash, but it’s important not to provide recorded statements or accept any settlements without first speaking to a lawyer. What you say could be used to reduce or deny your compensation. A Chattanooga rideshare accident attorney can guide you through your options and communicate with insurers on your behalf.
Additional Steps to Take in an Accident
Those involved in a rideshare accident need to make sure that they know who the driver is and the status of the vehicle on the other side of the collision. Oftentimes, a person is injured in a rideshare vehicle, but it is not the rideshare driver’s fault. It is the fault of the driver of a second vehicle.
If a person is not the driver of the Uber or Lyft vehicle, they may not be in contact with the other person. They need to get the other person’s contact information, know all of the people who were involved in the collision, and make sure that the person records who the driver was and what car they were driving.
Consulting a Skilled Chattanooga Rideshare Accident Attorney
When dealing with a rideshare driver, taxicab service, or other common carriers in Chattanooga, you should work with a Chattanooga rideshare accident lawyer because the insurance situation is even more complicated than normal.
Having three or four different insurance companies at play and investigating the case with a giant, multinational corporation is very technical, requires a great level of expertise, and requires rapid response. It is important to hire an attorney who can provide those things very early in a case.
Contact Massey & Associates, PC, today, and work with a skilled lawyer who will fight for a positive outcome for you.
