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Our Houston car accident attorney, at Charles J. Argento & Associates, knows filing personal injury claims involving Uber, Lyft, or other rideshare companies in Texas can be complex due to the unique nature of rideshare services and the interplay of different insurance policies.
Several factors contribute to these complexities, including determining liability, navigating the layered insurance coverage, and understanding the legal obligations of the rideshare companies.
We help streamline the claims process so our clients are not intimidated by the rideshare company’s insurance provider or legal team and can pursue the compensation they are entitled to without delay. Here, we discuss the legal requirements to do so.
Determining Liability in Texas Rideshare Accidents
Rideshare accidents can involve various parties, including the rideshare driver, other drivers, passengers, and even pedestrians. Determining who is at fault can be challenging, especially if multiple parties share responsibility for the accident.
In addition, the driver’s status at the time of the accident—whether logged into the app, on their way to pick up a passenger or carrying a passenger—affects liability. This status determines which insurance policies apply and whether the rideshare company’s insurance is activated.
Navigating Layered Insurance Coverage
Uber, Lyft, and other rideshare companies provide insurance coverage that varies depending on the driver’s status:
- Offline or App Off:If the driver is not logged into the app, their auto insurance applies, but the rideshare company’s insurance is not activated.
- App On, No Passenger:If the driver is logged into the app but has not accepted a ride or is waiting for a passenger, the rideshare company provides limited liability coverage. This limited coverage is typically $50,000 per person, $100,000 per accident for bodily injury, and $25,000 for property damage.
- On Trip:Once a ride is accepted while transporting a passenger, the rideshare company’s $1 million liability coverage and uninsured/underinsured motorist coverage apply. This coverage is more substantial but can still involve complications, particularly if multiple claims arise from the same incident.
Many auto insurance policies exclude coverage for accidents while the driver is engaged in rideshare activities. This exclusion can lead to coverage gaps and disputes between the rideshare company’s insurer and the driver’s insurer. Our skilled Houston rideshare accident and injury attorney can help ensure the rideshare company or their insurer does not attempt to deflect liability in these cases.
Understanding the Legal Obligations of Rideshare Companies
Rideshare drivers are typically classified as independent contractors, not employees. This classification limits the rideshare company’s liability and complicates claims against the company itself. To hold it directly liable, victims may need to demonstrate that the rideshare company was negligent in some way, including in its hiring practices.
Rideshare companies must perform background checks on their drivers, but the thoroughness and frequency of these checks can vary. If a rideshare driver with a questionable history causes an accident, the company’s responsibility may be questioned, adding another layer of complexity to the claim.
Handling Uninsured or Underinsured Motorist Claims
If an accident occurs and the at-fault driver is uninsured or underinsured, the rideshare company’s uninsured/underinsured motorist coverage may apply. However, proving that this coverage should be activated can be challenging, especially if the rideshare company disputes the claim.
In accidents involving numerous victims, the rideshare company’s $1 million coverage may need to be divided among several claims, potentially limiting the compensation available to each victim.
Litigation and Settlement Challenges
Insurance companies representing rideshare companies are experienced in handling claims and may offer lower settlements than the victim deserves. Negotiating a fair settlement requires thorough documentation of the injuries, medical expenses, and other damages.
The case may go to court if a settlement cannot be reached. Litigation can be complex, requiring the plaintiff to navigate the intricate relationship between the rideshare company, the driver, and the involved insurance policies.
Contact Our Trusted Rideshare Accident and Injury Lawyer in Houston, Texas Today
Filing personal injury claims involving Uber, Lyft, or other rideshare companies in Texas is fraught with complexities due to the layered nature of insurance coverage, drivers’ independent contractor status, and the challenges of determining liability.
Victims must carefully navigate these issues to ensure they receive the compensation they deserve. Given the potential for disputes and the intricate legal landscape, consulting with an experienced personal injury attorney is essential to manage these claims and protect the victim’s rights effectively. We can help.
Contact Our Skilled Personal Injury Attorneys in Texas to Schedule a Free Consultation
Take advantage of our free consultation by calling (713)-225-5050 or contacting our Houston rideshare accident attorney online. Let’s work together to hold the negligent party accountable for your full financial recovery.