What Passengers Should Know About Injury Claims in Rideshare Accidents

Protecting Your Rights: Injury Claims for Rideshare Passengers

Rideshare services like Uber and Lyft offer convenience, but accidents involving these vehicles can create unique legal challenges for passengers. If you’re injured while riding in a rideshare vehicle, it’s important to know your rights and how to seek compensation for your injuries.

Here’s a guide to help you understand what to do and how to navigate the injury claims process as a rideshare passenger.

Who Is Responsible for Passenger Injuries in Rideshare Accidents?

Determining liability in a rideshare accident depends on the circumstances of the crash. Responsibility for passenger injuries could fall on:

The Rideshare Driver: If the driver’s negligence caused the accident, such as distracted or reckless driving, they may be held liable.
Another Driver: If a different vehicle caused the crash, the at-fault driver’s insurance would be responsible.
The Rideshare Company: Uber and Lyft provide insurance policies that may cover injuries, as detailed below.

Understanding who is at fault is critical for filing the appropriate claim and recovering compensation.

Rideshare Insurance Coverage Explained

Rideshare companies like Uber and Lyft provide different levels of insurance coverage based on the driver’s activity at the time of the accident:

Driver Not Logged into the App: The driver’s personal auto insurance applies, as they are considered off-duty.
Driver Logged In but Waiting for a Ride Request: The rideshare company provides limited coverage, including:
- $50,000 per person for bodily injury.
- $100,000 per accident for bodily injury.
- $25,000 for property damage.
Driver En Route to Pick Up a Passenger or Transporting a Passenger: Full liability coverage of up to $1 million is available.

The driver’s status determines whether the rideshare company’s insurance or the driver’s personal policy will cover your claim.

Steps to Take After a Rideshare Accident

Taking the right steps after an accident can protect your health and strengthen your injury claim:

Seek Immediate Medical Attention: Prioritize your health by getting checked for injuries, even if you feel fine initially. Insurance carriers often use delays in treatment as a reason to devalue your claim so it is critical to seek medical care and document your complaints as soon as your symptoms begin.
Report the Accident: Call the police and/or EMS at the accident scene. You should also notify the rideshare company about the accident through their app or customer support system. This ensures the incident is documented.
Collect Evidence: If possible, gather information at the scene, including:
- Photos of the vehicles, injuries, and road conditions.
- Contact information for all drivers involved and witnesses.
- A copy of the police report and/or the name(s) of the investigating officer(s).
Avoid Speaking to Insurance Adjusters: Be cautious when dealing with insurance companies. Avoid giving recorded statements or accepting settlement offers without legal advice.
Contact an Attorney: Rideshare accident claims are often complex, involving multiple parties and insurance policies. An experienced attorney can guide you through the process and protect your rights.

Common Injuries in Rideshare Accidents

Passengers involved in rideshare accidents often experience injuries ranging from mild to severe. Common injuries include:

Whiplash and Neck Injuries: Sudden impact can strain the neck and upper back muscles.
Head Injuries: Concussions or traumatic brain injuries (TBIs) may result from hitting windows or headrests.
Fractures and Broken Bones: Collisions can cause fractures, especially in the arms, legs, or ribs.
Soft Tissue Injuries: Sprains, strains, and bruising often occur due to the abrupt motion of the crash.
Spinal Injuries: Damage to the spine, including herniated discs or paralysis in severe cases, may result from high-impact collisions.

Seeking prompt medical care is crucial, even if symptoms seem minor at first, as some injuries may not be immediately apparent.

Compensation Available for Injured Rideshare Passengers

As a rideshare passenger injured in an accident, you may be entitled to compensation for:

Medical Expenses: Covers current and future medical treatments related to the accident.
Lost Wages: Reimbursement for income lost due to missed work during recovery.
Pain and Suffering: Compensation for physical pain and emotional distress.
Property Damage: Replacement or repair costs for personal items damaged in the crash, such as phones or laptops.

The total amount of compensation depends on the severity of your injuries and the circumstances of the accident.

Challenges You May Face in Filing a Claim

Rideshare injury claims can present unique challenges, including:

Determining Liability: Multiple parties may share fault, requiring evidence like witness statements, accident reports, or expert testimony to establish responsibility.
Navigating Insurance Coverage: Claims may involve the driver’s personal insurance, the rideshare company’s policy, or another driver’s insurance, making it complicated to coordinate benefits.
Lowball Settlement Offers: Insurance companies may attempt to minimize payouts by offering settlements lower than what your claim is worth, especially if you are not represented by an attorney.

The data is clear, having a knowledgeable attorney on your side helps overcome these challenges and ensures you receive fair compensation.

The Role of an Attorney in Rideshare Injury Claims

An attorney experienced in rideshare accidents can provide critical support, including:

Investigating the accident and collecting evidence.
Determining which insurance policies apply to your case.
Negotiating with multiple insurers to secure a fair settlement.
Representing you in court if a resolution cannot be reached through negotiation.

Legal representation ensures your case is handled professionally and your rights are protected.

What to Avoid When Filing a Rideshare Injury Claim

Navigating the claims process can be tricky, and missteps may jeopardize your case. Avoid these common mistakes:

Accepting a Quick Settlement: Insurance companies often offer low settlements to close cases quickly. Consult an attorney before accepting any offers.
Giving Recorded Statements: Anything you say to insurance adjusters can be used to dispute your claim. Let your attorney handle communications.
Failing to Seek Medical Treatment: Skipping a doctor’s visit or not following prescribed treatment can weaken your claim by suggesting your injuries are not serious.
Delaying Legal Action: Waiting too long to pursue a claim may cause critical evidence to disappear or memories of witnesses to fade.

An experienced attorney can help you avoid these pitfalls and maximize your compensation.

Ready to Pursue a Legal Claim?

Rideshare passengers injured in accidents face unique legal challenges, but understanding your rights and following the proper steps can help you secure the compensation you deserve. With the right legal guidance, you can navigate the complexities of insurance coverage and liability while focusing on your recovery.

At Stampone O’Brien Dilsheimer Holloway we have the experience, knowledge, and resources to help rideshare passengers pursue injury claims successfully. Call us today at 267-214-9695 for a consultation and let us advocate for your rights and future.