Evaluating Your Options

How Does Ridesharing Affect Personal Accident Liability?

27 January 2020

Dale Watkins

Accidents between privately held vehicles are often relatively simple affairs. Since most accidents involve only two drivers, the assignment of blame and liability rarely involves other parties. While commercial vehicle accidents can be more challenging to handle, ridesharing services have made the landscape more complicated for accidents involving vehicles that would not traditionally fall under the commercial umbrella. There are several situations where you may find yourself involved in a personal liability suit involving ridesharing, and the unique circumstances surrounding each scenario will significantly influence the assignment of liability.

Why Ridesharing Matters

In accidents that involve commercial entities, liability does not always end up with the responsible driver. For example, a truck driver's negligence may cause an accident, but the company that owns the truck and even the company that owns the freight may be partially liable. Since ridesharing drivers are typically contractors, it tends to be more difficult to recover damages from the contracting company. Fortunately for individuals involved in these accidents, it is not always impossible to go beyond the driver to recover damages.

Riding As A Passenger

Fortunately, riding as a passenger in a vehicle will generally excuse you of any liability. This simple fact makes your claim significantly more straightforward since you only need to establish that you were damaged in some way by the accident. If your driver was at fault, then you would start by filing a claim with their insurance company. Otherwise, you would pursue a claim against the other driver involved in the accident. In cases where your rideshare driver is at fault and their insurance is inadequate, you may be able to pursue further claims against the ridesharing company.

Driving Your Own Vehicle

If a rideshare driver hits you, then your case may be more complicated. As with any accident, it is essential to establish fault. Before you can consider pursuing a claim against the ridesharing company, you must first prove that the rideshare driver was at fault. You will then need to go through the process of filing a claim with the driver's insurance company before also making a claim against the ridesharing company.

Do You Need An Attorney?

While the services of an attorney are rarely necessary for minor accidents, cases involving ridesharing companies generally warrant professional help. Rideshare companies have aggressively attempted to deny liability in accidents involving their drivers and it is unlikely that a ridesharing insurance company will accept any initial claim. An injury attorney can help you to establish fault and prove liability, fighting for you in court if necessary. Hiring a lawyer early in your claim will give you the best shot of recovering damages from all responsible parties.

For more information, reach out to a personal injury attorney in your area.

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