Not too long ago, if you needed a ride somewhere, you could call a taxi. If you were in downtown Louisville, you might even be able to stand on the curb and flag a cab down.
Today, a ride is just a click away on your smartphone if you have one of the many rideshare apps like Lyft or Uber on your phone. When you use a rideshare, you trust a stranger to drive you safely. If an accident happens, determining liability and responsibility for injuries becomes complex.
That is why it is important to speak with a Louisville Uber and Lyft accident attorney who specializes in this area of personal injury. The attorneys at McCoy & Hiestand, PLC have helped many Louisville residents who have been the victims of a rideshare accident.
We’re familiar with the applicable laws and have worked with insurance companies to obtain the maximum benefits for our clients.
If you’ve been injured while in the backseat of a rideshare, you need to understand the challenges of what you’re up against.
The Complexity of Kentucky Rideshare Liability
When you get into an accident with another driver, it will typically be a one-to-one experience. You’ll be dealing with the at-fault driver’s insurance carrier, and it should be a straightforward process.
In an accident with a rideshare, however, the legal relationship between the driver, the rideshare company, and the passenger introduces additional complexity.
Drivers for Uber and Lyft are considered independent contractors rather than full-time employees. That is an important distinction because it allows rideshare companies to argue they aren’t responsible for an independent contractor’s negligence. However, there are legal concepts your attorney can raise, such as vicarious liability and app-based transportation laws, that come into play.
One of the first things to establish is what the driver was doing at the exact moment the accident occurred. This applies to an incident where you were driving your car and were struck by a rideshare driver.
At the time of the accident, were they actively transporting a passenger or were they waiting for their next ride request? Whether the driver has the company app on or off is also a factor.
Each of those scenarios can dramatically change the types of insurance coverage available to victims.
A skilled Kentucky rideshare accident lawyer understands how to investigate these scenarios and determine which insurance policy applies so injured passengers can pursue the compensation they deserve.
Kentucky No-Fault Insurance and Rideshare Claims
Kentucky follows a no-fault insurance system. That is why, if you get into an accident, your car insurance will cover your losses up to the limit of your coverage. For most people, their Personal Injury Protection (PIP) limit is $10,000.
If your damages go over that amount, you’ll be entitled to get reimbursed by the at-fault driver’s insurance company. This is where the larger commercial insurance coverage carried by Uber and Lyft may become relevant.
It will mean going through the claims process all over again. It is also why you need the support of a skilled accident attorney to help you navigate the claims process.
The Three Phases of Rideshare Insurance Coverage
If a driver is accused of being distracted, your attorney can subpoena the records that can prove they were texting or on the phone at the time of the accident. In a rideshare crash, you’ll need to obtain the same kind of records but with different consequences.
You need to determine the driver’s app status at the time of the crash.
Rideshare insurance policies are divided into the following three distinct phases:
App Off
If the rideshare driver is not logged into the app, they are considered an ordinary driver. That means only the driver’s personal auto insurance applies, and the Uber or Lyft insurance coverage does not apply.
App On – Waiting for a Ride Request
If the driver is logged into the rideshare app but hasn’t accepted a ride request, then limited commercial insurance may apply. A minimum coverage includes liability coverage up to $50,000 per person and $100,000 per accident. It also provides for $25,000 for property damage.
Active Trip – Passenger in the Vehicle
Once a driver accepts a ride request or has a passenger in the car, the rideshare company’s highest insurance coverage becomes active. That means coverage of up to $1 million for injured passengers. It also provides uninsured/underinsured motorist protection.
Determining the rideshare driver’s status at the time of the accident can make a huge difference when it comes to being fairly compensated for any damages.
Determining Fault in a Multi-Vehicle Uber Accident
As with other types of car collisions, rideshare accidents often involve multiple vehicles. That also means dealing with multiple insurance companies. In order to make sense of who is at fault and who you need to file a claim against, you need to gather all relevant types of evidence.
Determining fault requires a detailed investigation that includes analyzing the following types of evidence:
- Police accident reports
- Witness statements
- Surveillance or traffic camera footage
- Vehicle damage analysis
- Medical records documenting injuries
- App activity logs
- GPS trip data
- Driver ride histories
- Communication between the driver and the rideshare company
This information can reveal whether the rideshare driver was distracted by the app or speeding to pick up a passenger. You don’t have to worry about collecting all this evidence on your own when you have an experienced attorney on your side.
Why You Need a Local Personal Injury Attorney
Whether you were a passenger coming home from the airport or you’re running errands in your own car, if you’ve been involved in an accident with a rideshare driver, your accident claim just got a lot more complicated.
Fortunately, the legal team at McCoy & Hiestand, PLC will know how to unpack the circumstances and determine who is accountable.
Our experienced Louisville Uber and Lyft accident attorneys know how to investigate all aspects of a rideshare collision. We’re fully prepared to analyze the insurance coverage and negotiate with the major insurance carriers to reach a fair settlement. We help our clients calculate the true amount of their damages, including their pain and suffering.
If you’ve been injured in a rideshare accident, we want to hear from you.
Call to schedule a free consultation today. Let us answer your questions and discuss what should happen next.
