Services like Uber and Lyft are becoming more common, and deciding who must pay for injuries in Uber accidents is the toughest part. Is the Uber/Lyft driver at fault? Or is Uber/Lyft liable, instead of the driver? Would insurance of the company itself be paying, or the driver’s? What if the taxi driver was not on work time when the accident occurred.
Uber Accidents Liability: Who is At-Fault
The party at fault in rideshare vehicles as well as all other automobiles is determined by an investigation to find who acted negligently. If another vehicle hits the taxi/rideshare while you are a riding as a passenger, the insurance of the other driver would be liable for paying for your injuries.
But what if you are a passenger in a vehicle that has an accident and it was your driver’s fault? Then who would have to pay?
Uber & Lyft Insurance
In Uber/Lyft rideshare services, the driver uses his or her own automobile. And so, according to the law, drivers are required to obtain personal vehicle insurance up to legal limits. If a driver has an accident while not working, their insurance would be the one to cover the cost of damages.
But, taxi companies are responsible for giving insurance to their drivers too. An example would be if the Uber/Lyft driver is on duty at the time of an accident then he or she would be covered by the employer’s insurance. This is also true for taxi drivers: the taxi company would provide insurance coverage to pay for the passenger and driver’s injuries while on the clock.
Some courts have found that Uber/Lyft drivers should be considered employees, even though they’re more often considered to be independent contractors. And so, under the theory of vicarious liability, the company of the rideshare driver may be held liable should you decide to take legal action against a driver.
To receive the maximum amount of damages back after being involved in an accident as an Uber/Lyft driver or passenger, you should contact an attorney to work for you.
For more questions such as why you should have an attorney after an accident, how much your claim might be worth, filing a claim, and more, contact an experienced attorney today.
Dan Pruitt is a Personal Injury Attorney who practices in Greenville, SC. He graduated from University of Georgia, and has been practicing law for 25 years. Dan Pruitt believes in fighting for the injured. Learn more about his experience by clicking here.