Pearland Rideshare Accident Lawyer
An accident involving a ridesharing car presents some different considerations than other car accidents. Victims may not get everything they deserve if they try to negotiate for coverage without an experienced Pearland rideshare accident lawyer.
Ridesharing apps like Lyft and Uber have become common ways to get around in Texas. However, while the convenience they provide is clear, these new services also bring about questions regarding responsibility in the event of a Uber accident or Lyft accident. Who is liable if a rideshare driver causes an accident? Whose insurance policy covers these events?
J.D. Silva & Associates has been at the forefront of navigating this new reality for car accident victims. We understand the laws and know how to work with the insurance companies to make sure our clients get maximum compensation.
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What Happens If I Am Involved in an Uber Accident or Lyft Accident?
Lyft and Uber both have liability coverage that changes depending on the stage of driving. Between when the app is turned on and a driver accepts a ride, insurance covers up to $50,000 for bodily injury, $100,000 per accident, and $25,000 for damaged property. Between the ride matching and dropping off the passenger, there is primary liability coverage of $1,000,000 per accident and $1,000,000 for uninsured and underinsured motorists. Rideshare drivers may also carry their own insurance policies that could provide additional insurance coverage when they’re not using the app and/or in other circumstances.
If you or a loved one becomes injured in a rideshare accident involving Uber or another rideshare driver, liability may be difficult to determine. You may be a passenger in the Uber who was injured during the accident. You may be the driver of a vehicle or a pedestrian hit by an Uber driver. There are multiple situations that can arise from a rideshare accident that may make it more complex when seeking compensation for your injuries and other damages.
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Who is Liable for Injuries to a Passenger in an Uber or Lyft Accident
The driver responsible for causing an accident is most often the party liable for the damage.
However, determining fault in a car accident can often be complicated. For example, when more than one driver may have contributed to the accident. Then liability will be shared according to each driver’s percentage of fault.
When a driver works for an employer, the employer may also be liable for the driver’s actions.
Rideshare Driver
Rideshare companies vet their drivers. Drivers must have at least one year of driving experience and, in most Texas cities, be at least 21 years old. They must also have driving records free of major traffic violations.
However, if a rideshare driver is negligent or breaks the law and causes an accident, the driver will be primarily liable for any damage to a rider or passenger.
Rideshare Company
Although still subject to some debate, rideshare drivers are generally not considered employees of rideshare companies. Rideshare drivers are independent contract workers. This means that rideshare companies are not legally responsible for the actions of their drivers.
Recognizing the need to ensure rideshare passengers are adequately compensated in the event of an accident, many states, including Texas, require rideshare companies to provide insurance that covers the liability of their drivers.
Another Driver or Other Person outside the Vehicle
One or more other drivers or persons outside the vehicle may have caused or contributed to the circumstances resulting in an Uber or Lyft accident. Each of these other persons may have some liability to an injured rideshare passenger.
Rideshare Passenger
It’s possible an Uber or Lyft passenger contributed to the circumstances, resulting in an accident or injury. For instance, Texas law requires rideshare passengers to wear seatbelts. If a rideshare driver has to make a sudden stop and an unrestrained passenger is injured, the passenger might be found to have responsibility for injuries that could have been prevented by wearing a seatbelt.
A passenger found to have fault for causing their injuries can still recover compensation for the liability of other parties as long as the passenger’s liability is no more than 50%.
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Compensation for Injured Uber or Lyft Passengers and Who is Responsible for Paying It
A passenger injured in an Uber or Lyft accident is entitled to recover compensation for economic losses such as medical bills and lost wages and non-economic losses such as pain and inconvenience. Once a compensation amount is established and agreed on, the liable parties or their insurance companies pay the passenger the amount owed.
Rideshare Driver
Rideshare companies require drivers to maintain personal auto insurance coverage in at least the minimum amounts required by their state. However, most personal auto policies exclude coverage when the insured vehicle is used commercially.
Texas requires rideshare drivers to have higher insurance limits than those of typical drivers in the state. The requirements for a driver between rides but logged onto a rideshare app are:
- $50,000 per person bodily injury
- $100,000 per accident bodily injury
- $25,000 per accident property damage
Once a driver picks up and is transporting a passenger, the required insurance limits increase to:
- $1,000,000 aggregate liability for death, injury, and property damage
Rideshare drivers may purchase the additional coverage, or the company may provide it.
Rideshare Company
Rideshare companies are required to ensure their drivers have the necessary coverage. In Texas, these companies are called transportation network companies (TNCs). TNCs must ensure the above rideshare liability limits cover a driver during the respective time periods.
If the required liability insurance is not in place or does not provide the coverage required by law, the TNC will be held liable for providing the coverage from the first dollar of the claim against its driver.
Other Persons or Entities
If other persons or entities contributed to the circumstances causing an Uber or Lyft accident, the other persons or entities may have insurance that could be required to compensate an injured rideshare passenger.
Insurance coverage is written so that if multiple policies could apply to a given situation, they will apply in order. The coverage that applies first is primary, and coverage that applies only after primary coverage is secondary.
Rideshare company liability insurance is underwritten, so it applies only after all other available coverage—the personal liability insurance of the persons involved in an accident—has been exhausted.
HOW AN INJURED UBER OR LYFT PASSENGER CAN MAKE A CLAIM FOR COMPENSATION
Settlement of a claim arising from an Uber or Lyft accident can involve negotiations with several insurance companies, all of which are doing their best to minimize their financial responsibility. For those unaccustomed to dealing with insurance company representatives and the claim settlement process, it can be a frustrating and less-than-satisfactory experience.
At the law firm of J.D. Silva & Associates, our Pearland rideshare accident attorneys are experienced negotiators who know what insurance companies are required to pay. We fight for the maximum compensation our clients are entitled to. With a Pearland car accident attorney from J.D. Silva & Associates, winning for you is the only option.