Can you sue for a rideshare car accident? Rideshare services like Lyft and Uber have become more popular since the world first got introduced to them. According to Statista, in 2018, 36% out of 11,000 people surveyed in the United States used ridesharing services. While rideshare drivers are held to a high standard of care while on the road, they are still prone to accidents.
A rideshare car accident can be the fault of the rideshare driver or another motorist. Either way, a victim deserves to get compensated for any injury or property damage from the crash. As simple as this sounds, things don’t always work out this way.
This is because a rideshare driver has an existing contract with the rideshare company they represent. Hence, victims don’t know who to sue between the rideshare driver and the company. Also, the nature and time of the accident affect who the victim can bring a case against. If you are involved in a rideshare car accident, our Ellenwood car accident lawyers will help you identify the fault party and get fair compensation.
When Can You Sue a Rideshare Company or Driver?
Following a car accident where it is clear that a rideshare driver is the fault party, the next thing to do is identify who will pay for the damages. Below we look at when a driver or company will be responsible for a rideshare car accident.
- Driver Is “Off the Clock”: If the accident happens when the rideshare driver is unavailable to pick passengers, they will be liable. Here, the driver’s auto insurance policy will apply. Georgia law mandates drivers to carry $25,000 liability insurance per person, $50,000 per accident, and $25,000 in property damage.
- Driver Is on the Clock but Between Fares: If the driver is available but does not have a passenger when the crash occurred, they are still liable. However, the rideshare company will provide some contingency insurance. The insurance covers $50,000 per person ($100,000 per accident) in liability coverage. Additionally, there’s another $25,000 in property damage.
- Driver Is Carrying a Passenger: If the driver has a passenger and is in transit when the crash occurs, the rideshare company will bear liability. Here, the rideshare company insurance coverage will cover the damages. This usually means $1,000,000 in liability and $1,000,000 in property damage.
Can You Sue a Rideshare Driver as an Injured Passenger?
The simple direct answer to this question is yes! As a rideshare passenger, you can sue the driver or the company for your injuries. Since you’re a passenger, it means that you can get paid under the rideshare company’s million dollars liability coverage.
Under this situation, your claim will not go directly to the driver but to the rideshare company. However, you can include both the driver and the company when filing the insurance claim or lawsuit. But note that if there’s evidence of gross negligence on the driver’s part, the rideshare company can choose not to pay. In such an instance, you will have to bring the claim against the rideshare driver only.
Can You Sue a Rideshare Driver if You’re Not a Passenger?
You can sue an at-fault rideshare driver as a non-passenger. The two most common situations are:
- You traveled as a driver or passenger in another vehicle involved in an accident with a rideshare vehicle
- You were a pedestrian struck by a rideshare driver
In either of these situations, the liability of the driver or rideshare company depends on the conditions discussed earlier. If you have an Ellenwood rideshare car accident lawyer, they will likely bring the claim against the driver and the company and let them sort it out themselves.
What Damages Can You Get as a Rideshare Car Accident Victim?
As a rideshare car accident victim, the compensation you get would cover your tangible losses and intangible losses. Tangible losses (economic damages) are hospital bills, loss of income, property damage, cost of vehicle repairs, etc. Intangible losses (non-economic damages) are emotional distress, pain, suffering, loss of companionship, etc. In a lawsuit with evidence of gross negligence, punitive damages may apply.
What Will a Rideshare Car Accident Attorney Do for You?
Rideshare companies have a team of legal experts on their payroll. So, when claiming against them or their drivers, you should lawyer up. An attorney would handle the process of identifying the fault party and filing the claim.
At The Weinstein Firm, our Ellenwood auto accident lawyers will bring their combined years of experience to bear on your case. We will save time by filing against the right party and get you fair compensation. Contact us today for more information on our services.
