When a Rideshare Driver or Company Is at Fault for Your Injury Accident

Our Skilled Injury Attorneys Explain Liability When You’re Hurt in a Rideshare Accident

When you call a rideshare service for a lift home, you may feel comfortable relaxing in the backseat, talking on your phone, or texting. The last thing you may be doing is paying attention to your Uber or Lyft driver, and you don’t expect to be involved in an accident.

When you’re injured in a rideshare crash, you may believe that the rideshare company has insurance and will compensate you for medical bills and damages. However, many riders in Lee’s Summit learn quickly that obtaining a fair settlement isn’t easy. Uber, Lyft, and other rideshare companies often try to avoid paying for accident injuries by claiming that the driver was using the vehicle for "business use" at the time of the crash. Our dedicated rideshare accident attorneys at Peterson & Associates, P.C. have helped hundreds of clients seeking fair compensation after a rideshare crash. Here, we explain how we can help.

Rideshare Accident Claims: Understanding “Business Use”

If an accident occurs when an insurance policyholder is driving for “business use,” most personal auto insurance policies won’t pay because the policy excludes coverage for accidents. This includes driving for a rideshare company like Uber or Lyft.

After being injured in a rideshare vehicle, you probably think you’ll file a claim with the Uber driver’s auto insurance; however, it will likely be denied because of the “business use” exclusion. The driver’s insurance company will say they don't have to pay because the driver was using the vehicle for a commercial purpose at the time of the accident.

This is the way rideshare companies typically try to avoid liability in accidents involving their drivers and passengers. Because Uber and Lyft don't own the vehicles used by their drivers and the drivers are considered independent contractors, the rideshare company isn’t liable. So when there’s an accident, neither the rideshare company or the driver’s insurance will accept responsibility, leaving the injured party caught in the middle.

Additionally, rideshare companies don’t consider themselves transportation companies. Instead, they call themselves “brokers” to connect drivers with passengers so they can avoid liability for a crash.

Rideshare Crashes Aren’t the Same as Regular Vehicle Accidents

If you’re involved in a rideshare accident, you may think it’s the same as being involved in a vehicle crash. However, certain factors make this type of accident and personal injury claim or lawsuit more challenging, including the following:

Proving liability. Rideshare companies hire “independent contractors” rather than employees. Thus, in labeling their drivers this way, these companies can try to deny responsibility for the actions of their drivers.
Insurance. In general, rideshare drivers carry their own personal auto insurance policies, and the rideshare company provides supplemental insurance coverage. However, it applies only when the driver is logged into the app and is secondary to the driver’s policy. Many companies try to dispute an injury claim by trying to prove the driver wasn’t working at the time of the accident.
Multiple at-fault parties. It’s likely that there may be multiple liable parties, making it more difficult to get fair compensation. These parties could include other drivers, parts manufacturers, and road maintenance agencies.

The Lee’s Summit rideshare accident attorneys at Peterson & Associates, P.C. know how to deal with the challenges of these claims. By thoroughly investigating your crash, we will help determine liability and fight for your fair settlement.

Factors in Passenger Injuries in Lee’s Summit Rideshare Accidents

Using rideshare services has gained popularity over the last few years, and statistics show that since the pandemic, rideshare companies are doing well, especially in large cities. However, with the increase in ridesharing, the number of rideshare injury accidents are on the rise. Some reasons that factor into these accidents include the following:

Drowsy and fatigued driving. When rideshare drivers work long shifts and pick up extra rides to increase their earnings, especially on weekends, they may become tired or drowsy. Being drowsy behind the wheel can make driver reaction times slower, increasing the likelihood of a crash. AAA found that between 2017 – 2021, over 17% of all fatal crashes involved a drowsy driver.
Driving in unfamiliar locations. Rideshare drivers may pick up passengers and need to drive to a location in Lee’s Summit that they’re unfamiliar with. This may require that they drive slower than normal while looking for a certain address, talk with the passenger, and check their GPS often. If the driver is unfamiliar with the Lee’s Summit area, they may be distracted trying to find the destination, and that can cause an accident.
Distracted driving. Distracted driving is any type of activity or behavior behind the wheel that takes a driver’s attention away from driving. Everyone on the road is at risk if a driver fails to give their full attention to what they’re doing. There are many ways a rideshare driver can get distracted. They may be contacted by their rideshare company and receive messages, notifications, and/or instructions from other drivers or riders. Even talking with their passengers can be distracting. Any of these can cause distractions that lead to a crash.
Driving aggressively. Rideshare drivers can make more money if they complete more rides. Uber and Lyft drivers may be tempted to drive faster or more aggressively to complete a ride and add more to their schedule. They may drive aggressively by running lights, speeding, or driving in an unsafe manner.
Driving with a poorly maintained vehicle. The rideshare driver is responsible for maintaining their vehicle. The rideshare company doesn’t do that for them. Thus, the driver may put off expensive repairs. They may drive on bald tires or with worn-out brakes. Any maintenance problem with a rideshare car could lead to an accident.

Compensation for a Lee’s Summit Rideshare Accident

If you were an injured passenger in an Uber or Lyft, or you were another motorist struck by an Uber or Lyft driver, there are a variety of ways your rideshare crash attorney can help you obtain a fair settlement, including the following:

The Personal Auto Insurance for the at-Fault Rideshare Driver

It’s possible that another driver caused the crash, and their personal auto insurance would be your first source of potential compensation. But it’s also possible that your rideshare driver is at fault. You might assume that their auto insurance company would pay. However, some personal policies have that clause for “business use” that won’t cover accidents if the policyholder is driving to make money. That’s why it’s important to contact Peterson & Associates, P.C. to get help if your driver had this type of contract exclusion.

The Rideshare Service Company Insurance

Rideshare companies like Lyft and Uber have third-party liability coverage to protect passengers if their drivers cause an accident. Typically, the corporate policy covers up to $1 million for a person’s injuries and damages. This protection only covers the passenger from the time the driver accepts a ride request until the passenger leaves the vehicle.

Using PIP

If the rideshare driver has personal injury protection (PIP), it may cover some of your medical bills and lost wages up to the policy limits, regardless of who was at fault for the crash. However, Missouri doesn’t require drivers to purchase PIP coverage, although the driver must have some type of insurance.

Hire Peterson & Associates, P.C. After a Rideshare Crash in Lee’s Summit

Identifying all the at-fault parties in a crash can be difficult. Your best chance of fair compensation for your injuries is to hire Peterson & Associates, P.C. While you’re recovering from the accident, you may be faced with expensive medical bills and the need to take time off work. When you hire our experienced legal team, you can be assured that we’ll handle every aspect of your claim, including the following:

Gathering important evidence that can help prove that the rideshare driver and/or the company were at fault for the crash.
Conducting a thorough investigation into the accident to determine the cause and who was at fault.
Reviewing all potential sources of compensation, including all relevant insurance policies.
Handling communication with the insurance companies to ensure you don’t make mistakes that could jeopardize your claim
Working with medical experts to make sure there is full and complete documentation about your injuries—and the need for possible future surgeries or medical help.
Preparing your case for trial if the insurers won’t negotiate in good faith and offer a fair settlement.
Communicating with you regularly and keeping you updated on each stage of the legal process.