Norristown Uber & Lyft Accident Lawyer
Countless people use rideshare services every day, but many do not consider the possibility of getting into an accident. It happens far too often, and the legal aftermath is different than with other passenger vehicles. This mostly applies to insurance and liability; you might be surprised at the red tape if you are not familiar with the process.
An experienced Norristown Uber & Lyft car accident lawyer at Anthony C. Gagliano III, P.C. provides legal guidance for those affected by Uber and Lyft accidents.
How Are Uber and Lyft Accidents Different from Regular Car Accidents?
Rideshare accidents differ from standard car accidents in several ways, mainly due to the involvement of a third-party company and the unique insurance policies rideshare companies maintain for their drivers. Determining which insurance policy applies can be more complicated when an accident occurs.
In most cases, liability will depend on the rideshare driver’s status at the time of the collision:
- If the Driver Was Not Logged into the App: The rideshare company will not provide coverage, and the driver’s personal auto insurance may be the only source of compensation.
- If the Driver Was Logged in but Did Not Have a Passenger: Uber and Lyft maintain contingent liability coverage, which may apply if the driver’s personal insurance does not cover the damages. This coverage usually provides up to $50,000 per person for bodily injury and $25,000 for property damage.
- If the Driver Was Transporting a Passenger or En Route to Pick One Up: When a driver is actively transporting a passenger or heading to pick up a rider, rideshare companies provide $1 million in liability coverage for accidents.
A Norristown Uber & Lyft car accident lawyer can help determine the driver’s status and will help you decide how to proceed with a claim.
Who Is Liable in an Uber or Lyft Accident?
Liability in rideshare accidents may involve multiple parties, depending on the circumstances. The rideshare driver could be held responsible if their actions, such as distracted driving, speeding, or failing to obey traffic signals, contributed to the accident. Another driver involved in the collision could also be liable if their negligence caused injuries or damages.
Although Uber and Lyft classify their drivers as independent contractors, the rideshare companies may share liability if they do not conduct proper background checks or allow drivers with poor driving records to operate on their platforms. Additionally, if a mechanical failure caused by a defective auto part played a role in the accident, the manufacturer of that part could also be held accountable.
What Should I Know About Uber and Lyft’s Background Check Policies?
Uber and Lyft have specific background check policies for screening drivers, but these processes may not be as thorough as some assume. Both companies conduct initial background checks that look into a driver’s criminal history and driving record. However, these checks are often limited to seven years and may not include more extensive investigations that other employers might use.
Additionally, background checks are repeated annually, but gaps could still exist between updates. This means a driver’s past or recent infractions may not always be detected right away.
While these companies are required to meet certain state regulations, the extent of their background check policies can still vary. Understanding these limitations is important, especially if you are involved in an accident with a rideshare driver, as it may influence liability or raise concerns about the driver’s fitness to be on the road.
What Compensation May Be Available in a Rideshare Accident?
Compensation in an Uber or Lyft accident may cover various categories of losses. The damages that you may be entitled to include:
- Medical Expenses: This includes costs for emergency services, hospital stays, surgeries, rehabilitation, and any future medical needs related to the injury.
- Lost Wages: Compensation may cover lost income if the injuries prevent you from working. In some cases, future loss of earning capacity may also be included.
- Property Damage: You could recover vehicle repairs or replacement costs.
- Pain and Suffering: Compensation may be sought for physical pain, emotional distress, and any reduction in quality of life.
- Wrongful Death Damages: In fatal accidents, the family of the deceased may be entitled to compensation for funeral expenses, loss of companionship, and other related losses.
What Legal Steps Should Be Taken to Pursue a Claim?
Depending on the circumstances, a claim may need to be filed with the rideshare company’s insurer, the driver’s personal insurance, or the at-fault party’s insurer. Injured parties can file accident reports on the Uber and Lyft apps and websites; there are also customer service phone numbers. It is wise to only provide basic information since anything you do at this point could be challenged later.
Once a claim is filed, a thorough investigation is necessary to gather evidence, establish fault, and assess the extent of damages. Many cases are resolved through settlement negotiations, but if a fair settlement cannot be reached, a lawsuit may be necessary.
How Long Do I Have to File a Claim?
Insurance claims should always be filed as quickly as possible; some policies require specific time frames. In Pennsylvania, the statute of limitations for filing a personal injury suit is typically two years from the date of the accident; that limit also applies to property damage claims. Missing this deadline can result in losing the right to seek compensation. It is essential to consult a lawyer promptly to understand how the statute of limitations may affect a case.
A Norristown Uber & Lyft Car Accident Lawyer at Anthony C. Gagliano III, P.C. Can Help You Pursue the Compensation You Deserve
If you or a loved one was injured in a rideshare accident, there is help to be found. A skilled Norristown Uber & Lyft car accident lawyer at Anthony C. Gagliano III, P.C. can explain your options during a free initial consultation. Call our Philadelphia and King of Prussia, Pennsylvania offices at 267-861-7100 to schedule one or submit our online form. We serve clients in Montgomery County, Delaware County, Bucks County, Chester County, and Norristown.