22 February, 2020
Over the past decade, ridesharing has become a popular mode of transportation across the world. By simply opening an app on your smartphone and pressing an icon, you can have a ride show up and take you to any destination for less than most taxi services.
Companies like Uber and Lyft open their doors to private contractors that use their vehicles to pick up and transport fares. This means that most drivers are not direct employees, which makes liability a complicated process in the case of an accident.
When someone is injured in an accident while using a rideshare company, the most critical aspect is to find out how you will need to prove liability. Most ridesharing companies hold a minimum of $1 million of liability insurance for all of their drivers, but that is only applicable if they are using their app and are officially on duty. It is up to the attorneys, like the professionals in personal injury cases at parkerscheer.com, to determine who is responsible for the accident and how they will seek their clients’ compensation.
FAULT
In some states, the fault is not a determining factor for compensation when it comes to accidents. However, in the case of ridesharing drivers, who is at fault can have an impact on where compensation will be sought. If the driver is logged in to their working app, then their company policy should cover any damages. Still, if they are not officially working, the driver’s private policy will be applicable.
ON DUTY
The first and most crucial part of determining liability in a ridesharing case is determining if the driver of the car was on duty. This means that they would have to have been logged into their company app at the time of the accident. Whether the person riding has been picked up in the car yet or not, if the ridesharing app has been turned to “on duty,” the company will be liable for any damages. If the rideshare app is not in use, regardless of circumstance, the driver’s policy will be where you seek compensation.
THIRD-PARTY INTERFERENCE
If a third party is responsible for the accident, it is with their insurance that a claim is filed. For example, suppose an Uber vehicle is hit by another vehicle going through a red light, and the Uber driver is not at fault. In this case, the third party’s insurance will be responsible for compensation. Other possible third-party liability responsibilities could include the last mechanic to work on the ridesharing vehicle, the vehicle manufacturing company, or the local municipality for negligence to road safety.
NAVIGATING INSURANCE
Before any claims or lawsuits being filed, direct liability must be established. If the accident was the fault of the driver and they were logged in to their working app, the ridesharing company should be liable. Drivers that were not yet logged in to their working app and are responsible for an accident will have to rely on their private insurance to cover a claim. Third-party liability will follow with claims being filed to their insurance company.
Dealing with a client that has been involved in a ridesharing accident can mean that you are facing a complex and compelling case. To help your client to get the highest level of compensation for their medical bills and losses, it’s important to start building a strong case right from the beginning. Determining liability quickly will help you to form a straight line to responsibility and compensation.
Magnus Kjelland is a guest post manager at GLobex IT Solutions His job is to ensure all guest post projects are completed on time and according to client’s requirement.
