Rideshare liability: 4 FAQs on who pays for injuries

On Behalf of | May 17, 2018 | Firm News |

The process of hiring a rideshare vehicle has become so simple. Get on the app, tell them where you want to go and before you know it, someone is ready to pick you up!

But what happens when you don’t get from Point A to Point B as seamlessly as you had hoped? If you’re injured in an accident while riding in a rideshare vehicle, what can you do?

Here are a few FAQs on what happens when you’re injured in a rideshare vehicle

Does the driver work for the rideshare company?

While the rideshare driver does work for the company, it would be inaccurate to call them an “employee.” California courts have found that rideshare drivers are “independent contractors,” which is an important distinction with a situation where a company might be found liable for injuries.

Who will pay for my injuries?

That depends on who was at fault in the accident. If the other driver was at fault, then the answer is simple. The other driver’s insurance will be the one compensating you for your injuries.

If, on the other hand, the rideshare driver was at fault for the collision, you will have two places to look to for compensation. First, the driver’s personal car insurance will cover whatever injuries or damage that you have. If that runs out or the claim is denied, then the rideshare company carries supplemental insurance that will compensate you for your injuries.

Double insurance means double payment, right?

Unfortunately, no. And in this case, “double insurance” means “double complicated.” As tends to be the case with insurance, both companies will put up a fight to get out of paying the claim.

In the end, one (or both) of them will figure out who will be responsible for your injuries. But you may have to put up a fight of your own to get there.

Can’t I go after the rideshare company directly?

Very technically, you could. But there are only a few instances where this has been successful. With the extra layers of insurance, the company has a lot of protection. It would only be after those layers have been exhausted and proven unsuccessful that there would be a chance of having a claim against the rideshare company directly.