Rideshare companies, such as Uber and Lyft, have made getting around much easier, and it can be difficult to remember what life was like before them. However, if you are injured in a rideshare accident, it can be a complicated situation to navigate. The matter of who you will file your claim with depends on the unique circumstances of the accident, and you may have to deal with two separate insurance providers. The good news is you can seek professional help from an attorney at Charles E. Boyk Law Offices.
Because cases involving Uber/Lyft/rideshare accidents in Lima are complex, do not wait to reach out for the professional legal counsel of an experienced rideshare accident attorney from our firm. If you have been injured by a rideshare driver’s negligence, our team is ready to help, starting with a free consultation.
The Mechanics of Insurance Coverage in Rideshare Accidents
Every motorist accepts an immense responsibility when they get behind the wheel, and this translates to a legal duty of care to others on the road. Professional drivers, however, take on enhanced responsibilities. While rideshare drivers are not professional drivers in a technical sense, they serve a similar role by driving others from one place to another for pay.
The legal landscape of rideshare accidents is more challenging. The basic distinction, however, is the matter of insurance coverage, which is based on where the Lyft or Uber driver is in the rideshare process when the collision occurs in Lima.
If the Driver Has a Passenger or Is on Their Way To Pick One Up
If the rideshare driver has a passenger in their vehicle, or if they are on their way to pick up a passenger they have accepted on a rideshare app, Ohio law requires coverage from the rideshare company’s comprehensive insurance.
Both Uber and Lyft have solid coverage in place, and if you have a claim that is based on an accident at this stage of the journey, you can expect there to be ample coverage to address your full range of losses. However, just because they have enough coverage does not mean that the insurance company involved will cover your related losses fairly and offer a just settlement up front.
Having the skilled legal guidance of a rideshare accident lawyer in Lima on your side is always in your best interest.
If the Driver Is Waiting To Be Assigned a Passenger
Things are more complicated if the rideshare driver is on the app but is waiting for a passenger to be assigned to them. If you are injured at this point in the process, you will need to file your accident claim with the driver’s personal insurance coverage, which the rideshare company requires them to carry.
Only if your physical, financial, and emotional losses exceed the limits of the driver’s policy will you look to the rideshare company’s coverage to address the additional amount. Under these circumstances, you will need to file two claims.
If the Driver Is off the App
Rideshare drivers are part of the gig economy, and they do what they can to increase their income, which can include toggling between rideshare apps to maximize their earnings. If the rideshare driver whose negligence caused you to suffer losses is not signed in to a rideshare app at the time of the accident, even if they only jumped off momentarily, your claim will proceed just like any other car accident would, and you will file your claim with the driver’s insurance provider.
Factors That Increase the Risk of Rideshare Accidents
Rideshare drivers are not required to carry a commercial driver’s license or to have any additional experience behind the wheel. A person who is at least 18 years old and has a driver’s license, car, and the requisite insurance coverage can generally drive for a rideshare company. The skill and safety of your rideshare driver is outside of your control and largely a matter of chance.
There are a range of factors associated with the rideshare business model that increase the risk of accidents in Lima, including the following:
- Drivers must interact with the app behind the wheel, which can be a dangerous distraction
- Drivers are paid for the number of rides they complete, which can lead some to rush or push themselves beyond the limits of safety
- Drivers are regularly required to pull in and out of traffic and make frequent stops, which increases the risk that an accident will occur
- Drivers are responsible for finding safe locations to pick up and drop off passengers, but some do not pay adequate attention to this step
- Drivers are often required to drive in unfamiliar areas and pick up passengers they have never seen before, which increases the risk
It is vital to work with a skilled attorney who can help you determine the cause of your wreck and who to hold liable for the damages.
The State’s Statute of Limitations for Car Accidents
It is important to note that Ohio implements a time limit, or statute of limitations, for car accident and other personal injury claims. Under state law, you have a brief two years to file your claim. If you are injured in a crash involving an Uber, Lyft, or other rideshare driver in Lima, you will have a lot of things to deal with in those two years.
You are likely to face mounting medical bills, accompanied by dwindling earnings at a time when your focus needs to be on regaining your health and well-being. This can mean that the two-year window of opportunity to make a claim will come to an end far more quickly than you anticipated.
After an accident, the best approach is to tend to your healthcare needs while relying on a knowledgeable rideshare accident attorney to build a solid claim on your behalf and to engage in skillful negotiations with the insurance company involved. The sooner you reach out for the legal representation you need, the better protected your rights and your rightful compensation will be.
Modified Comparative Negligence
If you are a passenger in a rideshare driver’s vehicle in Lima and their negligence causes you to be hurt in a crash, you will file your claim with the rideshare company’s insurance provider—with virtually no risk of bearing any responsibility of your own. If, however, you were the driver of the other vehicle involved, Ohio’s modified comparative negligence may apply to your case.
Even if you share some degree of fault for the rideshare accident that leaves you injured, in Ohio, you are not barred from seeking compensation for the percentage of responsibility the rideshare driver bears. As long as you are found to be no more than 50 percent responsible for the accident, you have the right to pursue the percentage of your losses that the rideshare driver is responsible for.
For example, if you were speeding at the time of the accident and if 10 percent of the fault is assigned to you, you can file a claim with the rideshare driver’s personal coverage for 90 percent of your covered losses—or 100 percent minus the 10 percent of responsibility you bear.
This means if your claim is worth $100,000, you can pursue a settlement for 90 percent of this total, or $90,000. Further, if the percentage of your total losses that the rideshare driver is responsible for exceeds their coverage limits, you can pursue the excess amount by filing a claim with the rideshare company’s provider.
If the Rideshare Driver Bears All the Fault
If the rideshare driver is found to bear all the fault for the accident, modified comparative negligence will not apply, and you can seek compensation for your full range of damages. For example, if the rideshare driver was distracted to the point that they drove through a red light and T-boned you in the intersection, they are very likely to be found fully responsible.
What Are My Legal Damages?
Your legal damages refer to your covered losses in each of the following primary categories:
- Medical costs, which may be ongoing
- Lost income, which may include losses related to earning potential
- Physical and emotional pain and suffering, which can be more than the other categories of loss combined
Accurately defining your legal damages in their entirety will play a pivotal role in your ability to bring a successful claim that compensates you fairly. A dedicated attorney with experience in cases of Uber or Lyft accidents in Lima can help you achieve this outcome.
Call an Experienced Lima Rideshare Accident Lawyer
Cases involving Uber/Lyft/rideshare accidents in Lima involve unique factors. If you have been injured in a crash caused by a rideshare driver’s negligence, contact the accomplished accident attorneys at the Charles E. Boyk Law Offices. Our dedicated team understands the challenges you are facing, and we welcome the opportunity to help.
Call us today to schedule a free consultation and discuss how we can make a meaningful difference in your recovery and future.
