Determining who is liable for your damages after suffering an injury in a rideshare accident can be complicated. Ridesharing laws are still evolving as this relatively new enterprise continues to grow. Figuring out how these changing laws apply to your situation can be confusing. The good news is that an experienced rideshare accident attorney can help you sort things out.
At The Schiller Kessler Group, our Miami rideshare accident lawyers familiarize themselves with changing laws regarding rideshares before they are enacted. We can help you identify how these laws apply to your situation and get you the money you need after an accident. Contact us today by phone or through our website to schedule a free case review.
Establishing Liability for a Rideshare Accident
Unfortunately, determining liability after a rideshare accident is often challenging. Because of the fact that rideshare drivers are usually classified as independent contractors rather than employees, rideshare companies have many legal protections in the event of a crash.
That means that if the rideshare driver caused your accident, they may be liable for your damages while the company is protected. Of course, there are other parties that could hold a level of fault as well, and depending on the circumstances of your accident, you may still be able to collect damages from the rideshare company.
Among the commonly at-fault parties in rideshare accident cases are:
- The rideshare vehicle driver
- The rideshare company
- The driver of another car involved in the collision
- A third-party driver whose actions caused the crash but who was not directly involved
If the driver of the rideshare vehicle is found to be at fault, you will most likely need to file a claim with their insurance provider. If the cost of your damages is greater than their coverage level, you may be able to cover the additional expenses with money collected directly from the driver or from the rideshare company.
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Rideshare Insurance Coverage
The big rideshare companies carry similar insurance policies. They also structure their organizations in the same manner to minimize their legal obligations. One way they do this is by requiring their drivers to carry their own personal car insurance policy. This insurance coverage is the first place for injury victims to turn to recover compensation after an accident.
However, you should note that these companies are also required to carry their own insurance coverage, which could help pay your damages in certain situations. The driver’s working status at the time of the accident is the main determiner of where to turn for compensation.
When the Driver Is Not Logged In to the App
If the rideshare driver is not logged into the rideshare app at the time of the accident, then the rideshare company holds no liability for the accident. Instead, if the crash was caused by the rideshare driver and your damages exceed their personal insurance policy, you will need to file a lawsuit directly against the driver to recover damages.
When the Driver is Logged into the App but Has Not Accepted a Ride
In cases where the driver has logged into the app, but has not accepted a ride, limited coverage from the rideshare company’s insurance policy will be activated. Although you will still need to first file a claim with the driver’s personal insurance provider, you may be able to collect damages exceeding the coverage limits from the rideshare company’s insurer.
However, the rideshare insurance policy coverage levels will be low in this case, and you may still need to file a lawsuit against the driver to recover the full compensation to which you are entitled.
When the Driver is Logged into the App and Has Accepted a Ride
If the driver is logged into the rideshare app and has accepted a ride, the insurance policy for the rideshare company will be fully activated. It does not matter whether or not the driver has picked up their passenger yet. As long as they have accepted the ride, they’ll be covered. The full coverage limits for these large rideshare companies cover damages up to $1,000,000.
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Pay Attention to All Deadlines When Pursuing Compensation After a Rideshare Accident
It is essential that you pay attention to the personal injury statute of limitations when planning to file a lawsuit after a rideshare accident. In 2023, Florida altered this statute, reducing the amount of time accident victims had to take legal action from four years to two. Failure to file within this time limit could result in the loss of your right to pursue compensation.
However, it is critical to note that this deadline can be altered in certain circumstances. Depending on the details of your accident, this could enable you to file a lawsuit long after the standard two-year cutoff date has passed. Alternatively, you could find that you are restricted to filing within a matter of months rather than the typical two years.
The best way to identify the deadline for your case and protect your right to recover damages is by hiring an experienced rideshare accident attorney in Miami soon after your accident. Your attorney will review the details of your case to determine the deadline you must meet and ensure that all your paperwork gets filed before time runs out.
Reach Out to an Experienced Rideshare Accident Attorney Serving Miami Today
At The Schiller Kessler Group, we keep up to date on the changing laws regarding rideshare accidents. Our team of experienced personal injury lawyers has a long history of helping our clients recover favorable compensation after an accident.
Contact us today to learn more about how we can help you through a free case evaluation. You can reach us by phone or by completing the contact form on this site.