An accident involving a ride-share vehicle could produce a complex insurance situation. You may need an Uber accident lawyer to unravel the facts about who caused the accident and whose insurance should pay your damages.
Ride-share companies, like Uber and Lyft, are designated as transportation network companies by the State of Nevada. These companies use mobile software to connect passengers to their networks of independently contracted drivers.
Uber and Lyft only bear liability under narrowly defined circumstances. Otherwise, the insurance for the at-fault driver represents your source of compensation. In some cases, you might qualify to make a claim against both a personal auto policy and Uber or Lyft’s commercial coverage.
You can enlist the aid of a Nevada injury lawyer to figure out how to file an insurance claim or lawsuit. To pursue compensation on your behalf, an injury lawyer in Nevada must determine which insurance policy was active at the time of the crash and who caused the accident.
Whose Insurance Covers a Ride-share Accident?
The answer to this question gets complicated because numerous variables can impact accidents with ride-sharing vehicles.
Potential insurance policies include:
- Ride-share driver’s personal auto policy
- Personal auto policy of one or more individuals involved in the crash but who were not ride-share drivers
- Uber or Lyft commercial insurance
- Your personal auto policy
- Insurance policy for any third party responsible for the crash
Nevada personal injury law could place liability on any party whose negligence contributed to your losses. More than one entity may bear legal liability for your financial damages.
Multiple insurance policies create a situation where insurers may hope to shift blame onto other parties. A Nevada injury lawyer will work to build a clear picture of what happened and use the evidence to pin down who should pay.
In an Uber accident, you must find out the duty status of the ride-share driver. This status is essential for determining if the ride-share company’s insurance will enter the picture. Uber and Lyft provide generous coverage of up to $1 million per person, with a maximum of $2 million per accident.
What Was the Status of the Uber or Lyft Driver?
At the time of a collision, a ride-share driver will have one of three possible statuses, which are:
- Logged off of the Uber or Lyft app
- Logged onto the Uber or Lyft app and available for passengers
- Logged onto the Uber or Lyft app and engaged by a passenger
When logged off and not seeking a ride-share passenger, only the ride-share driver’s personal auto policy applies to any accident that may occur. The ide-share company’s policy will not pay for any damages.
Logged On and Ready to Accept Passengers
Insurance coverage changes once the ride-share driver turns on the Uber or Lyft app. This status means that the driver is actively seeking work and is available to pick up passengers.
Both Uber and Lyft have contingent liability coverage of up to $50,000 for injury or death and up to $25,000 for property damage available at this point.
However, the ride-share driver’s personal auto policy remains the first source of funds when the driver causes an accident. Only if you, as the victim, have damages exceeding the ride-share driver’s coverage could you and your Uber accident lawyer make a claim on the contingent liability coverage.
Logged On and Transporting Passengers
This status for a ride-share driver lasts from the moment of accepting a ride request until the passenger is dropped off at the destination. During this period, the $1 million Uber or Lyft policy is in effect and potentially a source of compensation for you.
Who Was at Fault for the Crash?
Determinations of liability for Nevada personal injury depend on proving who was at fault. Nevada works as an at-fault state, meaning liability for financial damages arises directly from fault.
An injury lawyer in Nevada has the training and experience to analyze the facts. A law office may initiate an investigation to gather additional evidence that illustrates which insurance company or companies should pay your damages.
Examples of Uber or Lyft Car Accident Liability
In a fault-based system, the process of pinpointing liability in a ride-share accident comes down to who was at fault and what was the duty status of the ride-share driver. Occasionally, other external factors, like missing road signage or defective auto parts, could actually be the cause or contributing cause of the accident.
- Individual driver hits ride-share vehicle with passengers, and individual is at fault. – Liability falls to the individual’s auto policy and the ride-share company’s policy.
- The ride-share driver is at fault but was not logged in to the ride-share app. – Ride-share driver’s personal auto policy must pay damages.
- The ride-share driver is at fault and was logged in with passengers. – Passengers may make a claim on the ride-share company’s policy.
Talk to an Uber Accident Lawyer
The many issues that can influence liability in a ride-share accident could leave you uncertain about how to recover damages. Navigating insurance bureaucracies by yourself is likely to become very frustrating. Add this stress on top of the unexpected financial hardships that have resulted from your injuries, and you could be tempted to accept any settlement offer.
Before you make any decisions, ask an Uber accident lawyer to help you identify all opportunities to collect compensation.
Lach Injury Law can defend your best interests after an Uber or Lyft accident. Find out more during a free consultation with a Nevada injury lawyer. Contact our office today.