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Rideshare Liability: Exactly What to Do If You're Injured in an Uber or Lyft Crash
You booked an Uber or Lyft expecting a routine ride. After a crash, you may instead find yourself trying to recover from an injury while figuring out whether the rideshare driver, another motorist, or an insurance company is responsible for your losses.
Your first steps matter. Get appropriate medical care, report the collision, save your rideshare and accident information, and determine which insurance coverage may apply. The answer may depend in part on what the rideshare driver was doing in the app at the time of the crash.
At Caleb Bland Law, PLLC, we investigate rideshare crashes, identify potentially responsible parties, and determine which sources of insurance coverage may apply. From our Elizabethtown, Kentucky office, we serve clients in Radcliff, Shepherdsville, Bardstown, Brandenburg, Leitchfield, Hodgenville, Louisville, and throughout Hardin, Nelson, LaRue, Hart, Meade, Grayson, Breckinridge, Bullitt, and Jefferson.
Address Your Injuries and Report the Crash
Get appropriate medical attention after an Uber or Lyft collision, particularly if you are experiencing pain or other symptoms. If emergency responders arrive, describe what you are experiencing accurately. Some symptoms may develop or become more noticeable after you leave the scene, so seek appropriate care if your condition changes.
The collision should also be properly reported. Contact law enforcement when required or when the circumstances warrant it, and obtain the information you need to locate the police report afterward.
If you were taking an Uber or Lyft ride, report the collision through the appropriate rideshare platform. Save the trip information available in the app, including the driver's name, vehicle details, pickup and destination, and the ride receipt.
When reporting the collision, stick to what you know rather than guessing about who caused it or the extent of injuries that have not yet been evaluated. Your immediate priority is to address your health and create a reliable record of the crash.
Determine Which Insurance Coverage Applies
Which insurance applies may depend on the rideshare driver's status at the time of the collision. In Kentucky, the insurance requirements differ depending on whether a driver is logged into the rideshare app and waiting for a request or is engaged in a prearranged ride.
Under Kentucky's transportation network company regulations, required coverage during specified rideshare periods includes liability insurance, basic reparation benefits, and uninsured and underinsured motorist coverage. Depending on the circumstances, the required insurance may be maintained by the rideshare company, the driver, or both.
Potential sources of coverage may include:
Rideshare coverage: Coverage maintained for rideshare activity may apply based on the driver's status at the time of the collision.
The driver's personal policy: A personal auto policy may be relevant, although Kentucky allows personal insurers to exclude certain coverage while a vehicle is being used for rideshare activity.
Another driver's insurance: If another motorist caused the collision, that driver's liability coverage may apply.
Uninsured or underinsured motorist coverage: This coverage may be relevant when an at-fault driver has no insurance or insufficient coverage to cover the resulting losses.
Determining the driver's app status can therefore be an important part of investigating the claim. Kentucky also requires that, upon request, a TNC driver involved in an accident disclose whether the driver was logged into the app or engaged in a prearranged ride at the time of the crash.
Do not assume that the first insurer involved represents the only potential source of coverage. We can review the circumstances of the collision, investigate the driver's rideshare status, and identify any applicable insurance policies.
Preserve Evidence That May Support Your Claim
Evidence can disappear or become more difficult to obtain with time, so preserve relevant information as early as you reasonably can. The goal is to document both how the collision happened and how your injuries have affected you.
Depending on the circumstances, useful evidence may include:
Photographs or videos of the accident scene, vehicles, road conditions, and visible injuries
Police reports
Witness names and contact information
Dashcam or surveillance footage
App screenshots and ride receipts
Medical records and bills
Prescription and treatment information
Vehicle damage records
Texts, emails, and app notifications
Communications with insurers or the rideshare company
Records showing missed work or lost income
Keep the rideshare information associated with the trip rather than deleting the ride from your account or discarding related communications. Electronic information may help establish who was driving, which vehicle was involved, and when and where the ride occurred.
You may also want to keep a written record of your symptoms, treatment, physical limitations, and ways your injuries affect your normal activities. These records can help document losses not reflected in a medical bill alone.
We can identify evidence relevant to your car accident claim and investigate information that may need to be obtained from other drivers, insurers, witnesses, or other sources.
Protect Your Claim After a Rideshare Crash
A rideshare collision can involve insurance and liability issues that are not obvious from the accident scene. The driver's app status, the stage of the ride, the conduct of everyone involved, and the applicable insurance policies can all affect a potential claim.
We can investigate the collision, evaluate available insurance coverage, communicate with insurers, and pursue compensation for qualifying losses. If you were injured in an Uber or Lyft crash, contact our personal injury attorneys at Caleb Bland Law, PLLC to schedule a consultation and discuss your options.