How Can A Rideshare Passenger Recover For An Auto Accident?
Posted on: 6 January 2021
If you've been injured in an accident while ridesharing, you have the right to recover from your injuries just like you would in any other auto accident. Here's what you should know.
The At-Fault Driver Is Still Responsible
In any accident, whoever is at fault for the accident pays everyone else. If you got hurt because your driver ran a red light, your driver is responsible for your injuries. If you got hurt because the other driver ran a red light, the other driver is responsible.
In some accidents, two or more drivers can be at-fault. For example, someone may have run a red light but the collision only happened because the driver with the green light was also speeding. In those types of cases, the insurance company or court will assign a percentage of fault. Each driver is responsible for that percent of your medical bills.
Rideshare Companies Have Insurance
Rideshare companies have insurance that covers their passengers. While you might name your driver in a lawsuit, you may also need to file a claim with the rideshare company's insurance company. This coverage is often much higher than most people carry on their cars for personal purposes, so there's a higher chance that you can recover in full instead of having to worry about whether the driver has assets.
When the non-rideshare driver caused the accident, the rideshare company's insurance may still apply. Some companies buy coverage that protects their passengers no matter what because it makes good business sense. They can then recover from the accident without losing money. If you have a claim, always consider all possible avenues of recovery.
Can You Sue the Rideshare Company Directly?
Rideshare drivers are typically independent contractors. The rideshare company is only a marketplace, just like how a shopping mall wouldn't directly control the individual stores inside of it. However, there may still be ways to sue the rideshare company.
These companies generally have some degree of duty to hire safe drivers. For example, they typically check driving records and exclude drivers with a history of accidents or unsafe driving. If they didn't follow these procedures or didn't have reasonable procedures in place, you may be able to sue them. You may also be able to sue for breach of contract if they didn't follow their terms of service and that led to you getting hurt.
To learn more about how an auto accident attorney can help you recover from your rideshare accident, contact a local law office.Share