Liability in a rideshare accident depends on several factors, such as who caused the crash and whether the rideshare driver was actively using the app at the time. Responsibility can fall on the rideshare company, the driver, another motorist, or even multiple parties.
Understanding liability is essential because it determines which insurance will cover your medical expenses, lost wages, and other damages. If you wonder who is liable in your rideshare accident, knowing your rights is critical to ensuring fair compensation.
Liability often hinges on whether the driver was “on the clock” or using their vehicle for personal purposes. Our Charleston rideshare accident lawyers can help. Let’s take a look at what factors determine liability and provide practical steps you can take after an accident to build a strong case.
What Determines Liability in a Rideshare Accident?
Liability in a rideshare accident depends on fault, insurance coverage, and the driver’s work status at the time of the crash. Understanding these factors is key to determining who is responsible for covering damages.
Driver’s Status with the Rideshare App
- If the driver wasn’t logged into the app, only their personal auto insurance applies, which may have coverage limits.
- If the driver was available for rides or actively transporting a passenger, the rideshare company’s insurance, which often includes higher coverage limits, may apply.
Who Was At Fault?
Fault is determined by evidence such as police reports, eyewitness accounts, and dashcam footage. The at-fault party’s insurance is typically responsible for covering damages like medical bills, property damage, and lost wages.
Rideshare Company Policies
Rideshare companies like Uber and Lyft provide liability insurance, but only under specific conditions. For example, their coverage—up to $1 million—applies when the driver is actively transporting a passenger or on the way to pick one up. If the driver is simply logged into the app but not carrying a passenger, a lower level of coverage often applies.
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Common Scenarios and Who Might Be Liable
Liability in rideshare accidents can vary widely based on the details of the crash and who was involved. Understanding these scenarios can help determine who is responsible for covering damages like medical bills or lost wages.
Rideshare Driver Caused the Crash
If the rideshare driver was logged into the app and actively working, the rideshare company’s insurance policy may cover the accident, often providing up to $1 million in liability coverage. However, if the driver wasn’t using the app at the time, only their personal car insurance applies, which may not fully cover your damages.
Another Driver Caused the Crash
In most cases, the at-fault driver’s insurance is responsible for covering damages. If that driver is uninsured or lacks sufficient coverage, the rideshare company’s uninsured/underinsured motorist coverage may step in, but only if the rideshare driver was actively working.
A Pedestrian or Bicyclist Was Involved
When a pedestrian or bicyclist is involved, liability depends on who was negligent. If the rideshare driver was working and found at fault, the rideshare company’s insurance may cover the damages. However, if the pedestrian or bicyclist caused the accident, they may be held responsible for any resulting losses.
Protect Your Health and Rights After a Rideshare Crash
Taking the right actions after an accident can strengthen your claim and protect your rights. Here’s what to do:
- Call 911: Report the accident and request medical assistance if needed.
- Gather Evidence: Take photos of the scene, damage, and injuries. Collect witness contact information.
- Get Driver Details: Note whether the rideshare driver was actively using the app.
- Seek Medical Attention: Even if injuries seem minor, get checked out. Some injuries take time to appear.
- Contact Legal Help: Rideshare claims can be complicated. An experienced Charleston car accident lawyer can help determine liability and maximize your compensation.
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Why Liability Can Be Complicated
Rideshare companies classify their drivers as independent contractors, not employees, to limit their liability. This means they may try to avoid covering certain accidents. Additionally, insurance companies often dispute claims to reduce payouts.
These challenges make it essential to have a clear understanding of your rights and legal support from an experienced Charleston personal injury lawyer to advocate for you.
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Damages You May Recover in a Rideshare Accident Case
If you’ve been injured in a rideshare accident, you may be entitled to compensation for a variety of damages, including:
- Medical expenses, such as hospital bills, surgeries, and physical therapy.
- Lost wages from time missed at work.
- Pain and suffering, including emotional distress.
- Property damage to your vehicle or personal belongings.
- Future medical costs for ongoing treatment or rehabilitation.
How We Can Help
One survey found that one-third of rideshare drivers have had a crash on the job. With Uber and Lyft accidents on the rise, it’s important to know your rights if you’ve been hurt in a crash. The Thumbs Up Guys of Miller Dawson Sigal Ward have secured millions of dollars for accident victims and offer a no–fee guarantee—you don’t pay unless we win.
As Your South Carolina Injury Law Firm, we’re dedicated to delivering Results that Matter. If you’ve been injured in a rideshare accident, we’re here to help you get the compensation you deserve.
Contact us today for a free case review. Let’s fight for your rights and hold the responsible parties accountable.
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