The creation of Uber and Lyft has saddled personal injury lawyers with a new problem. What is the responsibility of the requested driver? The driver that picks up a passenger has contracted with Uber or Lyft. The same driver has responded to a request that was issued by means of an app on a smartphone.
The two companies do not follow all the same rules, when it comes to setting the rate charged passengers. Lyft increases its rate when the demand for rides is high. Still, both companies face the same problem, if a driver’s passenger gets hurt during the course of an accident. In such a situation, both companies need to seek the answer to this question; Who was at-fault?
Difficulties created by a search for the person who is at-fault:
It becomes necessary to determine which insurance company must pay for the resulting damages. Typically, the person found to be at-fault must provide compensation for such damages. That fact leads to the raising of 2 questions: Should the driver’s insurance company pay? Should the insurer for the ride share company pay?
A driver’s policy might not cover the paying passenger. Most policies do not cover a driver that has chosen to charge for his or her driving services.
In light of that fact, Uber and Lyft have chosen to obtain liability coverage for their drivers. Consequently, both companies are financially responsible, if the driver has caused an accident.
Lyft’s and Uber’s issued guidelines, regarding coverage of drivers:
If driver not logged into app, no coverage granted. If driver logged in, but not carrying a passenger, coverage promised to tune of $50,000 per person injured. Personal Injury Lawyer in Richmond Hill knows that the amount gets supplemented by the promise of $100,000 total liability per collision and $25,000 property damage liability.
If driver has accepted a ride, the maximum amount of coverage is one million dollars. The company with which the driver has contracted must pay up to the maximum amount, in terms of coverage.
Actions to take if involved in accident while using one of the 2 named companies:
Get the names and contact information for all the persons involved. Also get the insurance details for all involved. Be sure to speak with witnesses, as well.
Take pictures of the site of the collision and of the damaged vehicle. Take pictures of any severe injuries. Contact the police. Once you have managed to make your way home, plan to contact a good lawyer.
An attorney can guide you, regarding how to proceed from that point on. Lawyers realize that none of the guidelines have been written in stone. In other words, the ride sharing companies reserve the right to alter the guidelines. A lawyer would have details on that alteration.