According to RideGuru.com, there are several “rideshare” options for those living in or near Indianapolis, Indiana, including Uber and Lyft as well as Didi, Ola, Blacklane, Limos.com, Talixo, and Premium. They also include the traditional taxi service in their list.
Of course, for most of Indiana and Illinois, when someone suggests “rideshare,” the name that pops up is either Uber or Lyft.
Uber and Lyft are two rideshare services that operate via smartphone applications, and offer much cheaper transportation than calling the cab company. Using an app to “hail” an Uber driver instead of a taxi is becoming more and more popular here in our part of the country.
But what happens if there is an accident while you are a passenger? If the Uber car is hit or the Lyft driver crashes, then what happens to those who are his or her rideshare customers?
The Driver’s Insurance Coverage in a Uber or Lyft Crash
Uber or Lyft drivers are driving their own vehicles. That’s part of the reason why their prices are so competitive.
However, the insurance policy that the driver has on his or her car may not cover any driving that is done for-profit. That will need additional coverage added onto the insurance policy. This is because the standard driver’s insurance policy is personal coverage, not commercial insurance.
Anyone using Uber or Lyft or any other ridesharing service needs to understand the insurance ramifications if there is an accident. The driver’s insurance carrier may deny coverage of any accident claims arising out of a ridesharing accident because the policy does not extend to commercial use of the car.
Uber or Lyft Insurance Coverage for Rideshare Accidents
Of course, you are getting more than a ride from a friend when you use a ridesharing app. You are connecting with that driver through a smartphone app provided by Uber or Lyft.
Since Uber or Lyft (or another ridesharing service) is coordinating your ride for profit purposes, then Uber or Lyft should have liability policies in place to protect against accidents involving their drivers.
This coverage should provide coverage for claims that arise from accidents caused by the rideshare driver as well as crashes that are the fault of another driver, even if that third party driver has no insurance coverage or is under-insured.
Claims against Uber or Lyft: They Don’t Want to Accept Responsibility
Uber and Lyft have standards in place for those who act as drivers providing rideshare services through the company applications.
However, the relationship is very different from the taxi cab company’s oversight of its driver-employees and claims across the country are demonstrating that Uber and Lyft are attempting to use this distinction to try and avoid responsibility for accident victim’s claims.
Justice for Rideshare Accident Victims in a Car Crash Involving Uber or Lyft
Car crashes happen for all sorts of reasons, and it doesn’t matter if the driver is providing rideshare services at the time of the accident or not. There will be accidents caused by distracted drivers, drivers who are drunk or under the influence, as well as drowsy drivers and those who are inexperienced or inattentive.
See, Why the Rise in Car Crash Deaths and Fatal Traffic Accidents?
These accident claims must proceed under the same course as any other auto accident claim under Indiana or Illinois law. The driver’s own car insurance carrier as well as the company providing insurance coverage purchased by Uber or Lyft will receive a demand from the accident victim.
Accident victims making demands in Uber or Lyft accidents need to be aware of the particularities of these claims. They will proceed against the driver individually as well as the ridesharing company.
The victims must expect that Uber or Lyft will try and limit their exposure or even deny any liability because they are not employers of the driver. If they can use any defense applicable to them arguing their driver as an independent contractor (not an employee), then the accident victim must expect them to do so.
See:
- “The Costly Insurance Gap Many Rideshare Drivers Miss,” written by Kent Erdahl and published by KARE11.com on March 27, 2018, discussing a Lyft driver’s accident and Lyft denying responsibility in the crash.
- “1-Minute Read: Why Rideshare Insurance Is a Must,” written by Lacie Glover and published by NerdWallet on April 9, 2018, discussing Uber and Lyft denying liablity based upon the timing of the ride request.
- “Ride Sharing Is Convenient. But What Happens If There’s an Accident?” written by John White and published by Inc. Magazine on June 19, 2017, discussing the variation between the laws of various states and the rapid increase in ridesharing accidents (they have tripled over the past three years).
Accident Attorneys for Uber or Lyft Accidents
If you or a loved one has been hurt in an accident involving a rideshare vehicle, then you need to understand the complexities that exist right now for Uber and Lyft claims. Technological advances move at a much faster rate than the passage of statutes and the creation of case precedent (Uber has moved into self-driving vehicles, for instance). Moreover, the laws of Indiana and Illinois are not the same regarding ride-sharing services and there may be occasions when federal law applies to the case.
Uber, Lyft, and other rideshare services attempt to take advantage of these complexities by making creative arguments that try to distinguish their business from a traditional cab company.
If they can find a way to leave their driver 100% responsible for the crash, they will do so – even if you would never have been in that driver’s vehicle without having used the Uber or Lyft service.
It’s vital that accident victims have aggressive, zealous, and experienced accident representation in these kinds of claims. The rideshare companies are antagonistic to injury claims demanding the company take responsibility.
This is true if the accident victim was a passenger in the car at the time of the crash as well as if the injured person was the rideshare driver.
Today, accident law is evolving across the country on how best to provide justice for those hurt in an accident that began with someone hitting a smartphone app. Please let’s be careful out there!
