One of the hottest new trends for getting around is ride sharing. Instead of calling a taxi, you use a smartphone app to call someone to give you a ride. Everything is done on the app, including payment. You get where you’re going and someone else is earning money driving their car. What’s not to like?
Millions of Americans have taken to these app-based on-call ride services, and they all get where they’re going, every day, whether at home or out-of-town. Convenient, less expensive than a taxi, But occasionally, like anyone who drives anywhere, accidents happen. Now what?
Uber And Lyft
If you’ve ever given a ride to a friend or picked them up when they called, you’ll understand what ridesharing is. These two ridesharing companies employ people nationwide to give folks a ride in their own cars. Quick, convenient and on the spot.
Uber arrived in Charleston in 2016, and Lyft arrived a year later. Both employ people to pick up and deliver people for pay. But like any taxi ride, there is just as much of an accident risk as there is when you drive yourself. And that’s where it can get complicated.
Independent Contractors
In the event of an accident with a company vehicle, you might have to deal with a company insurer. But rideshare drivers are independent contractors (aka “freelancers”), not employees, and aren’t generally covered by a company’s insurance policy except in limited circumstances. CDLs (commercial drivers’ licenses) are generally not required as they are with taxi, limo, and big truck drivers, so the rules are different.
There are three phases of the driver’s time:
- On their own time, not driving. Any accidents are paid out of their personal insurance policy
- When a driver is available and going to pick up a rider after being notified
- When a driver is taking the individual to his or her destination. When the ride ends, the driver is again “available” and on their own time, and is called out for another pickup.
Insurance
Uber’s drivers are required to have their own personal insurance. Most drivers also have a separate insurance policy for when they are working as a rideshare driver. The premiums come out of the driver’s pockets.
Uber also has its own $1m company policy through James River Insurance, which covers accidents while a driver is working and transporting a passenger in their vehicle. If the driver going to pick up a passenger and is “available” in the app at the time of the accident, the driver’s own insurance is responsible, and Uber’s policy picks up part of it. If the driver is on his or her own time, and not working, the driver’s personal insurance covers the accident as it normally would.
Uber has its own process for handling accidents that involve their drivers. You may also be contacted later to give a statement. (Uber’s website has drivers’ instructions that one can check out. )
However, Uber is a business, like any other. They will try to avoid making any payouts for crashes or other accidents.
Do I Need A Lawyer?
Chances are, you will. Just because a driver has insurance doesn’t mean things will go well. Additionally, Uber and Lyft have been notorious about leaving their drivers hanging after an accident, without any help. Like any other insurance company, you may be offered a small settlement to settle your case completely.
Call The Love Law Firm today at (304) 344-5683 and schedule your appointment with one of our attorneys. We’ll discuss your case with you, explain your options and what to expect in a car accident injury settlement. We can offer you a free consultation, and a contingency fee arrangement to make it easier for you to afford a car accident lawyer. There’s no fee if we don’t win your case.
