Rideshare Accidents: Who is at Fault?

cartwrightlaw - November 28, 2023 -

Ridesharing is an incredible technology that has revolutionized transportation. Unfortunately, it has also contributed to an increase in car accidents. Due to the complex nature of ridesharing agreements, it may be confusing to determine who’s responsible for an accident.

Irrespective of the at-fault party, victims endure mounting medical bills, loss of loved ones, lost wages, and permanent disability. As such, identifying the liable party is instrumental in pursuing sufficient compensation to enhance recovery and coping efforts.

If you or a loved one has been injured in a rideshare accident, consult an experienced San Francisco car accident attorney about your legal options.

Who’s At Fault for a Rideshare Crash?

Rideshare accidents are similar to other vehicle accidents; however, these incidents stand out because of the presence of a third party, the ride-share company. Therefore, determining the liable party in a rideshare crash is similar to other vehicle accidents.

If a driver suffers an injury due to a negligent rideshare driver, they could file a claim against the employer of the at-fault driver, provided they were on the clock. However, rideshare companies do not consider drivers as internal employees because they act as a marketplace that connects drivers and riders.

Here’s how liability is confirmed in a rideshare accident:

By ascertaining whether the rideshare driver caused the accident
By establishing whether the rideshare driver was using the rideshare app when the accident occurred
By verifying whether the aggrieved party contributed or was involved in the accident

If the rideshare operator caused the accident through negligence, the injured party can sue them for civil damages.

The unique situation of rideshare companies, where they act as a marketplace, limits the injured parties from filing a claim against them in most states. However, since it is an open area in the law, consider engaging a car accident attorney to explore your options.

Determining Whether the Driver Was Actively Working When the Accident Occurred

The judge or the insurance company must be satisfied that the insurance company was working to determine liability. Each state has laws that require ridesharing companies to insure their drivers if they’re involved in an accident while performing ridesharing services.

Liability in ridesharing accidents may also depend on how the driver was engaged when the crash occurred.

Here are a few possible scenarios:

The Rideshare App is Off, and the Driver is not Logged on

The rideshare company is not liable for any accident that the driver may cause if they haven’t logged in to the app. The company is not responsible if the driver is not logged in while driving. In such a case, the injured party may have to refer to rideshare driver’s insurance for compensation.

The Rideshare Driver Has Logged On and Waiting for a Passenger

After the driver starts engaging with the system, the rideshare company begins to have some liability. If an accident occurs while the driver is logged, the injured party has two options. First, they can file a claim against the driver’s auto insurance policy.

However, if the driver’s insurance doesn’t protect them, the ridesharing insurance cover should come in.

An Accident Occurs While the Rideshare Driver is Actively Picking up and Transporting a Rider

The ridesharing company would cover the injured party if the rideshare driver were actively picking up the driver or transporting a rider.

Understanding Which Insurance Company to Contact

Since both the ridesharing company and the driver have insurance policies, it may be confusing to determine which insurance company to contact.

Here’s when to contact a particular insurance company:

A Third-Party Insurance Company

A third party may be liable for an accident, and you can pursue a personal injury lawsuit or claim from their insurance company.

A few examples of liable third parties for rideshare accidents include:

A municipal council, if a hazardous road condition caused the accident
A maintenance company that worked on the vehicle, if a vehicle malfunction led to the accident
Another motor vehicle driver
An automaker, if the accident occurred due to a design defect

Rideshare Company’s Insurance Coverage

If the rideshare company is proven liable, you can claim medical bills, property damage, loss of income, and other losses from their insurance provider. The rideshare company is also required by law to provide uninsured coverage and underinsured coverage for other parties with no insurance or underinsured.

Rideshare Driver’s Insurance Company

You can file an insurance claim for compensation for property damage and collision-related medical expenses.

Types of Damages You Can Recover After a Rideshare Collision

You can pursue damages from the at-fault party if you’ve been injured in a rideshare accident. They’re either classified as either economic or non-economic damages.

Economic damages take the form of monetary losses, including medical expenses, auto repair losses, and lost wages. On the other hand, non-monetary losses are subjective and may include loss of companionship, pain and suffering, and emotional distress.

Here’s a brief of the damages you can recover:

Lost income: You can seek compensation for lost wages if you miss work while recovering from the injury.

Pain and suffering: You can claim compensation for having to deal with chronic or ongoing pain because of an injury you sustained in the accident.

Medical expenses: These include costs related to current and long-term medical care, such as medication, physical therapy, surgical fees, and occupational therapy.

Auto repairs: You could also seek compensation if your car sustained damage in a rideshare accident.

Discuss Your Rideshare Accident With an Experienced San Francisco Car Accident Attorney

If you’re a business person injured in a rideshare, your enterprise could suffer a substantial blow. In addition to hefty medical bills, you’ll lose your chance to generate profits. Fortunately, you can ease your recovery by suing the at-fault party or filing an insurance claim against their insurer.

That said, consider engaging an experienced car accident attorney to maximize your chances of fair compensation.

Cartwright Law Firm has a team of highly trained and qualified attorneys ready to pursue justice on your behalf.