Rideshare services like Lyft and Uber are becoming more common, and deciding who must pay for injuries is the toughest part. Is the liability in the hands of the Lyft/Uber driver? Or is Uber/Lyft liable, instead of the driver? Which party’s insurance would be liable to pay? What if the rideshare driver was in an accident while not working?
Uber Accidents: Who Is the Responsible Party?
By investigating taxi/rideshare accidents, as well as other automobile accidents, it can be determined who the negligent party was. If you were the passenger in the Uber/Lyft and were hit by another vehicle, the other vehicle’s driver would be responsible for having their insurance pay for injuries.
But what would happen if you were in an accident and it was your own driver’s fault? Then who would have to pay?
Uber Insurance Liability
In Uber/Lyft, the driver uses his or her own automobile. Therefore, there is a legal obligation for drivers to have insurance for the legal limits. If a driver has an accident while not working, their insurance would be the one to cover the cost of damages.
In addition, rideshare services must provide their drivers with insurance. 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.
Even though drivers of rideshares are often looked at as independent contractors, a lot of courts have stated that they’re also considered employees. 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 in an accident and were either the driver or a passenger of a taxi, contacting an attorney would be your best choice for getting the maximum amount possible of damages back.
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.