As rideshare services like Uber and Lyft become more widely used, accidents involving these vehicles are increasing. A study conducted by ScienceDirect found that one-third of surveyed rideshare drivers reported being involved in a crash. Like any car accident, passengers in an Uber or Lyft can suffer injuries that lead to pain and suffering and ongoing medical needs. If you’re involved in a rideshare accident either as a passenger or someone hit by a rideshare driver, the situation can quickly become complicated because of multiple insurance policies and liable parties involved.
Learn what your rights are, what you should do after a crash, what compensation you may be eligible for, and how a Chattanooga rideshare attorney at Wettermark Keith can help with your accident claim.
What Should I Do If My Rideshare Has Been in an Accident
It’s normal to feel shaken and overwhelmed if you’re in a car accident, but it’s important to stay as calm as possible, and follow these steps.
1. Prioritize Safety
Your first priority is your health and safety, and checking yourself for injuries. If it is safe to do so, move away from the vehicle and out of traffic to reduce your risk of further harm.
2. Call 911
After prioritizing your health and safety, call 911 right away. A police report provides an objective, third-party account of the accident, and is an important piece of evidence for your insurance claim and a potential legal case. Stick to the facts. Don’t speculate because anything you say could possibly be used against you.
3. Document the Scene
If possible, collect as much information at the scene.
- Take photos of all vehicles involved.
- Road conditions (i.e. skid marks or hazard signs)
- Weather conditions
- Any visible injuries
4. Exchange Contact Information
Get contact and insurance information (policy and ID numbers) from your rideshare driver, as well as contact information from any witnesses. You can also find vehicle information like the make, model, and license plate number, as well as their photo of your driver in the Uber or Lyft app. It’s a good idea to take screenshots of this information as well as your trip to make sure you have this information for your records.
5. Seek Medical Attention Immediately
Even if you were evaluated by a paramedic at the scene, you still should see a doctor as soon as possible. Adrenaline often masks the pain of severe injuries like whiplash, internal bleeding, or concussions. An evaluation by a medical professional ensures you receive the necessary treatment, and it also creates an official medical record linking your injuries directly to the accident. Delaying medical care can give insurance companies an excuse to downplay your injuries or deny your claim entirely.
6. Report the Accident to Uber or Lyft
Both Uber and Lyft require drivers and passengers to report accidents through their apps to initiate the internal investigation, and to start the insurance process. Learn how to file an accident report through Uber by reading their article and through Lyft by filling out their online form.
Who is Liable for Your Injuries in a Rideshare Accident?
Determining liability in a rideshare accident can be complex because multiple parties may be responsible, depending on the driver’s status at the time of the crash.
The Rideshare Driver
If the car accident was caused by the Uber or Lyft driver’s negligence, the driver could be held liable. Whether their personal insurance or Uber or Lyft’s insurance covers the accident depends on if the driver was on the app at the time. Examples of this include:
- If the driver was not on the app or merely logged into the app at the time, only their personal insurance applies.
- If they were on the app and waiting on a ride, Uber and Lyft will provide limited liability coverage if the driver’s personal policy won’t pay.
- If the accident happens when a driver is on their way to pick up a passenger or during a ride, Uber and Lyft’s both have a liability policy that can apply.
The Other Vehicle
If another driver crashed into your rideshare, their auto insurance would typically be responsible for covering your injuries. If a driver of the vehicle that caused the accident is uninsured or underinsured, Uber and Lyft provide Uninsured/Underinsured Motorist (UM/UIM) coverage when you’re a passenger.
Rideshare Company
Uber and Lyft classify drivers as independent contractors not employees, so their insurance policies cover passengers and third parties when drivers are on the job.
Multiple Parties
Tennessee uses a modified comparative fault system with a 50% bar rule. This means:
- You can recover damages only if you are less than 50% at fault for the accident.
- If you’re 50% or more at fault, you can’t recover anything.
- If you’re less than 50% at fault, your compensation is reduced by your percentage of fault.
What You May Be Entitled to After a Rideshare Accident
If you’ve been injured in a rideshare accident, you may be entitled to compensation for:
- Medical expenses (i.e. hospital stays, prescriptions, and ongoing treatments).
- Compensation for lost wages if your injuries affect your ability to work or limit your earning capacity.
- Pain and suffering caused by the car accident.
- Property damage if personal belongings were damaged.
Schedule a Free Case Consultation With a Chattanooga Rideshare Lawyer at Wettermark Keith
If you’ve been injured as a rideshare passenger, or hit by a rideshare driver in Chattanooga, Wettermark Keith’s car accident attorneys are here to guide you through every step of your claim, fight to get you the compensation you deserve, and protect your rights. Contact our Chattanooga rideshare lawyers 24/7 by calling us at (877) 455-4518 or filling out our online form for a no obligation case review.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For specific guidance regarding your situation, consult a licensed attorney.
