Whether you’re getting into the car with a rideshare driver, or simply driving yourself, you’re trusting that every rideshare driver is safe and competent behind the wheel. Apart from having faith in the other driver’s skills, you also are trusting that if an accident does happen, they are fully insured and are able to provide compensation for any injuries that may occur.
Our car accident lawyers (should this point to Car Accident Lawyers Austin page, if we have one? Instead of Car Accident Lawyers Pflugerville, considering blog title.)know that when it comes to companies that are built on third-party rideshare apps, regaining compensation for accidents can be difficult. With our experience, our team can guide you through the complications of a rideshare accident personal injury claim so your route to compensation can be smoother.
Driver Versus Company Liability: Legal Distinctions
Rideshare companies have set up a system where they only take a very small amount, if any, of responsibility for any rideshare accidents a driver may cause or take part in. Through careful wording on their websites, rideshare companies like Uber and Lyft place the responsibility for any accident on the shoulders of the driver. Liability in Uber or Lyft accidents rarely lands on the company.
This means that the driver’s own insurance company will be mainly responsible for paying compensation in any accident unless certain circumstances are reached. This arrangement is made possible because rideshare companies consider drivers “independent contractors” who are responsible for their own vehicles. Perhaps most importantly, the rideshare driver’s rideshare app must be turned on, and the driver must be available for rides or have a passenger already in the car before the company offers up their insurance.
What Happens if the Rideshare Driver Is Under/Uninsured?
While Uber and Lyft have policies that require drivers to be insured, the amount that the drivers need to be covered for is often the bare minimum. This means that, even though the driver is covered by insurance, the insurance payout might not cover the extent of the accident or your injuries.
It’s also possible that the driver hasn’t informed their insurance company that they are working for a rideshare. If the insurance company hasn’t been previously informed, they may deny compensation for an accident, which means they would not pay for any injuries claimed. For this reason, it’s a good move to have a legal team that can help you navigate rideshare accidents.
Negligent Recruitment and Background Checks
There are some instances where a rideshare company may take on more responsibility for accidents. Recent cases have laid groundwork for companies like Uber and Lyft to take a more active role in screening and hiring, accusing the companies of not doing their due diligence when performing background checks.
Currently, to drive for Uber, you need to:
- Have one year of driving experience
- Be old enough to drive in your city
- Have a vehicle that Uber approves of
- Clear a background check
- Have a valid license
- Carry insurance on your vehicle
It’s undetermined how much the background check weighs into the consideration of allowing drivers to take on passengers. To this point, there have been thousands of incidents reported in the last few years, including at least 20 people killed during assaults. And recent lawsuits against Uber for driver behavior have made people question the safety of rideshares.
You shouldn’t have to be afraid when driving or being driven. Our attorneys believe that you should receive compensation for your injuries during a rideshare accident, and we fight hard for your rights.
Rideshare Insurance Policies and Coverage in Texas
To be able to drive for a rideshare in Texas, you must be covered by insurance. Uber’s rules state that you need your own personal insurance, as their insurance policies come into effect only after certain circumstances are met. Much of the time, you will be relying on the rideshare driver’s personal insurance.
Texas insurance rules state that rideshare drivers must have the following coverage when using the rideshare app:
- Bodily injury: $50,000 per person
- Bodily injury: $100,000 per accident
- Property damage: $25,000 per accident
As a rideshare driver, it’s also a potentially good idea to invest in comprehensive coverage and collision coverage. Some rideshare company insurance policies don’t take effect unless you have comprehensive or collision insurance, leaving you and your insurance company with a higher bill.
Proving Liability in Rideshare Accidents
To be able to regain compensation for a rideshare accident, you need to ensure that you can prove the other driver was responsible for the crash. To collect evidence in a personal injury claim for a rideshare accident:
- File a police report with officers who arrive at the scene of the accident.
- Speak to people after the accident; this includes witnesses who saw the accident, the other driver, and even the rideshare driver’s passenger, if applicable—collect names, phone numbers, and addresses, as well as any pictures or videos witnesses may have of the accident.
- Request traffic camera footage from the local police station, if available.
- File a report with your insurance company.
- File an accident report with the rideshare, even if the rideshare driver says they will handle it.
- Get a medical exam from a professional as soon as possible to have a record of the extent of your injuries.
- Compile your notes from your doctor and bystanders; include your own notes where you write down everything you remember about the accident.
- Reach out to trusted legal counsel for their help in dealing with third-party insurance companies, and refer all insurance agent questions to your attorneys.
Remember, our team can help you collect the evidence you need for a personal injury claim against a rideshare driver, as well as deal with negotiations when it comes to third-party insurance companies.
Contact Pastrana & García Injury Law Today
Managing the events after an accident can be difficult as you’re trying to heal from physical and mental injuries. Don’t go through this difficult period alone. Reach out to our lawyers at Pastrana & García Injury Law so we can guide you through your personal injury claim. Call us today at 512-474-4487 or fill out our online contact form.
