Rideshare services are usually an efficient and effective way to get from one place to another. Oftentimes, many individuals use rideshare services to go to work, the airport, or even to the grocery store. However, rideshare passenger accidents may cause serious injuries, leading to fear and uncertainty in the future. Understanding rideshare passenger injury claims and when you may be able to seek compensation is important the next time you get inside a vehicle.
Rideshare Insurance
California regulates rideshare companies, legally known as transportation network companies (TNCs), through specific insurance requirements. The amount and type of coverage available usually depend on what the rideshare driver was doing at the time of the collision.
For passengers, the most relevant period is when the driver has accepted the ride and the passenger is being transported. Under current California law, TNC insurance must provide coverage for death, personal injury, and property damage from the time the driver accepts a ride request until the transaction or ride is completed.
Since insurance requirements can change, the applicable coverage should be evaluated based on the law in effect on the date of the accident.
A Third Party
Not every rideshare accident is caused by the Uber or Lyft driver. Another motorist may run a red light, rear-end the rideshare vehicle, make an unsafe lane change, or otherwise contribute to the collision. In those circumstances, a passenger may have a claim against the at-fault driver's liability insurance. Complications can occur when the responsible driver has little or no insurance. This is where uninsured motorist (UM) and underinsured motorist (UIM) coverage may become important.
Multiple Parties and Insurance Companies
Rideshare accidents sometimes involve several parties and insurance policies. Depending on the circumstances, responsibility could involve the following individuals.
- Rideshare driver
- Another motorist
- The owner of another vehicle
- Another party whose behavior contributed to the accident
It is also important to note that more than one party may be held responsible. Identifying the applicable insurance coverage often requires reviewing police reports, witness statements, photographs, rideshare trip information, insurance policies, and other evidence.
Types of Injuries
Uber and Lyft passengers can experience many of the same injuries associated with other motor vehicle collisions. These may include, but are not limited to, the following.
- Neck and back injuries
- Whiplash and soft-tissue injuries
- Broken or fractured bones
- Head injuries and concussions
- Traumatic brain injuries
- Shoulder and knee injuries
- Cuts and bruising
- Spinal injuries
Some symptoms may not be immediately noticeable. A passenger who feels relatively normal at the accident scene may experience pain or other symptoms later. Seeking appropriate medical attention can address health concerns while also creating documentation regarding the injuries and treatment received.
Necessary Steps to Take after an Accident
When the situation is appropriate, passengers can take several practical steps following a rideshare collision. These may include but are not limited to:
- Seeking medical care and treatment, especially when experiencing pain, dizziness, headaches, and limited movement
- Reporting the collision through the rideshare platform and getting information from all parties involved
- Preserving necessary pieces of evidence
- Taking photos and videos of the accident scene
- Getting a police report
- Avoid discussing who may be at fault
Evaluating all the Factors
There is no standard value for a rideshare passenger injury claim. Each matter depends on its individual facts. Factors that may be considered may include, but are not limited to, the following.
- The severity and duration of the injuries
- Medical treatment
- Medical expenses
- Time missed from work
- Whether injuries affect daily activities
- Available insurance coverage
- Evidence surrounding responsibility for the collision
Insurance companies may also discuss whether specific treatment or injuries were caused by the accident. Medical records, diagnostic testing, photographs, witness testimony, and other documentation can become important when these issues occur.
Legal Support
Victims may benefit from speaking to a legal professional after being involved in a rideshare passenger vehicle collision. Oftentimes, these types of accidents may cause serious legal and insurance questions, making it difficult to understand on your own. A professional attorney may be able to explain applicable laws, speak to insurance companies, and help you understand your rights throughout your personal injury claims. This is crucial when dealing with the aftermath of a rideshare accident.
KAASS LAW
The qualified personal injury attorneys at KAASS LAW may be able to help you throughout the claims process by preserving necessary pieces of evidence, explaining ways to recover, and speaking to insurance companies on your behalf. If you have suffered injuries from a rideshare passenger accident, you are not alone. Contact KAASS LAW today for a confidential consultation and to learn more about your rights moving forward.