For those involved in Uber accidents (and other ridesharing services such as Lyft), a difficult legal issue is deciding which driver is responsible for passenger injuries. Is the Uber driver at fault? Or would Uber be liable? Would the driver’s insurance be responsible to pay, or would it be that of the company? What if the Uber/Lyft driver was not on the clock when the accident happened?
Who’s to Blame in Uber Accidents?
By investigating taxi/rideshare accidents, it can be determined who the negligent party was. If you were the passenger in the Uber car and were hit by another vehicle, the other vehicle’s driver would be responsible for having their insurance pay for 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 Accidents & Liability
Drivers of rideshare services use their own cars. Therefore, there is a legal obligation for drivers to have insurance for the legal limits. If an Uber/Lyft driver is involved in an accident off-duty, then it would be the responsibility of his or her personal insurance to pay for damages.
However, Uber/Lyft are required to provide insurance to their drivers also. 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 true for taxi drivers too: the insurance coverage would be provided by the taxi company for any injuries occurred while on the job, for both the driver and passengers.
Some courts have found that Uber/Lyft drivers should be considered employees, even though they’re more often considered to be independent contractors. Therefore, if you take legal action against an Uber/Lyft driver, it may be the liability of the company they work for according to the theory of vicarious liability.
If you were the driver or a passenger in a rideshare and were involved in an accident, you should contact an attorney to help you receive the maximum amount of damages possible.
Contact an experienced attorney today if you were involved in an accident and have more questions about what your claim is worth, benefits of having an attorney, how to file your claim, etc.