After suffering an injury in a rideshare accident, trying to figure out the best approach to recovering compensation can be confusing. These services are still relatively new in the grand scheme of things, and laws governing rideshare companies are still in flux. Fortunately, there are legal professionals who specialize in rideshare accident injuries who can help.
At McCoy & Hiestand, we are ready to help you fight for the compensation you need and deserve after an accident. Our team of rideshare accident attorneys in Louisville is familiar with all the latest laws regarding this industry. Contact us today by phone or through our online contact form to schedule a free consultation.
Who Is Liable for a Rideshare Accident?
Assessing liability after a rideshare accident can often be challenging. Rideshare drivers are not technically employees of the companies for whom they drive. Instead, they are typically classified as independent contractors. In this role, the rideshare company is granted a variety of legal protections while the driver is left vulnerable.
However, depending on various factors, you may still be able to pursue compensation from the rideshare company. Many parties can hold a level of fault in a Louisville rideshare accident. Some of these potentially liable companies include:
- The driver of the rideshare vehicle
- The rideshare company
- The driver of another car also involved in the crash
- A third-party driver whose actions caused the collision to occur but who was not directly involved in the accident
If the rideshare driver is found to be at fault, you will likely need to seek compensation through their personal insurance provider. If your damages exceed the level of coverage they possess, you may be able to recover additional damages from the driver directly or from the rideshare company.
However, collecting compensation from the company will depend on the driver’s status when the collision occurs. An experienced rideshare accident lawyer in Louisville can help sort through the confusion so you can recover the compensation you deserve from whoever is responsible.
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Damages You Can Pursue Following a Rideshare Accident in Louisville
After suffering injuries in an accident involving a rideshare driver, you will likely be eligible to pursue several different types of damages. All compensatory damages can be separated into two primary groups: economic and non-economic damages.
Economic damages refer to any losses you suffered that were financial in nature. Economic damages that are commonly available after a rideshare accident include:
- Lost wages
- Decreased earning power
- Medical bills
- Future medical costs
- Property damage
Non-economic damages are all other losses you incurred because of your accident. Non-economic damages that are commonly available after a rideshare accident include:
- Pain and suffering
- Mental anguish
- Emotional distress
- Permanent disability
- Scarring or other disfigurements
- Loss of consortium
- Diminished quality of life
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How Rideshare Insurance Coverage Works
The major rideshare companies use similar insurance models. One of the main things these companies require of their drivers is that they carry their own personal car insurance policy. This policy serves as the first line of coverage for accident victims seeking damages in an accident for which the rideshare driver was liable.
However, these companies also carry their own insurance coverage that may come into play depending on the circumstances. The driver’s working status at the moment of the collision is the main factor that must be considered when determining whether or not the rideshare policy is activated.
The Rideshare Policy Is Not Activated
When a rideshare driver is not logged into the app for the company for whom they drive, they are not legally on the clock. In this case, the insurance coverage from the rideshare company will not come into play.
Limited Coverage From the Rideshare Policy
If the rideshare driver is logged into the app at the time of the crash but has not accepted a ride, the company’s insurance policy will come into limited effect. While you must still first seek compensation from the driver’s personal insurer, if your damages exceed the limits of that policy, you can collect compensation from the rideshare company’s insurer.
However, the coverage level for the company will be low in this situation, and if you have suffered severe injuries, it likely will not cover the full extent of your damages.
Full Coverage From the Rideshare Policy
When an accident occurs after a rideshare driver has accepted a ride, the company’s insurance policy will go into full effect. This is true even if the driver has not yet picked up a passenger. The policy is activated as long as they have pushed the button to accept the ride.
The policies of the large rideshare companies will cover damages up to $1,000,000.
The Statute of Limitations for Filing a Rideshare Accident Lawsuit in Louisville
Kentucky has one of the strictest statutes of limitations of all states. Rideshare accident victims in Louisville are limited to two years to file a lawsuit against the liable party, depending on the situation. In some cases, if you sue the company for negligent training or hiring, you only have one year to file. If you don’t get your paperwork filed on time, you will likely be unable to recover damages.
However, it is critical that you understand that exceptions to this statute of limitations apply that could alter the amount of time you have to file. Depending on the details of your case, this could mean that you have either more or less than one year to file. A rideshare accident attorney in Louisville, KY, can help you determine the exact deadlines that apply to your case.
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Get a Free Consultation From a Louisville Rideshare Lawyer Today
The best way to recover compensation after a rideshare accident is by hiring an experienced attorney. At McCoy & Hiestand, our team of Louisville rideshare accident lawyers has a long history of helping accident victims recover the compensation they need and deserve.
Contact us today by phone or through our online contact form to schedule a free case evaluation.
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