Who Is Liable In A Ridesharing Accident?

Ride sharing apps like Uber and Lyft have taken the market by storm. They tend to be cheaper, safer, and easier to access than traditional forms of third-party transportation like buses, limousines, and cabs. Since they are so different from other traditional forms of transportation, you may be wondering what happens when one of these vehicles is involved in an accident. Here is a brief overview of the liability involved in ride sharing apps.

Driver Requirements For Ride Sharing

Both Uber and Lyft have several company requirements to ensure the safety of their drivers and riders. Drivers have to submit to a criminal background check and a clean driving record for the past year. They also require a vehicle inspection check and have strict guidelines on the types of vehicles allowed to drive for their service. Finally, all drivers are required to carry liability insurance.

Drivers Carry Their Own Liability

Though these companies have strict requirements, they are not directly liable in the case of an accident. Instead, passengers are covered by the driver’s own insurance plan. Most drivers just use their personal insurance plans, however with the increasing popularity of ridesharing apps, insurance companies have begun to offer special policies for ridesharing drivers. These policies are usually offered as business insurance similar to the coverage provided to taxis. Both of these companies also offer supplemental insurance policies in case their driver’s insurance falls short of accident coverage.

Potential Insurance Issues

Though as a passenger in any vehicle, you should be covered by the driver’s insurance. However, since it is a relatively new business model, insurance companies have found loopholes to avoid paying settlements. Some claim that since Uber and Lyft drivers are operating a for profit business, their personal insurance does not cover. Also, though they carry supplemental insurance for their drivers, both companies have had incidents where they claimed the driver was not on the clock during an accident and the victim went away with an inadequate settlement.

Florida Regulations Of Ridesharing

To deal with the shortage of coverage, many states have passed regulatory laws for ridesharing companies. Currently, Florida does not have laws that specifically address ridesharing. However there are two bills currently floating around the Florida legislature. One proposal is that insurance companies introduce ridesharing insurance that would be a form of personal insurance but increase insurance coverage during operation to $1 million. Another bill proposes requiring bodily injury coverage limits of $250,000 per incident and property damage of $50,000. Neither bill has gained much traction, but it is likely that in the near future, the state of Florida will have some added laws to ensure passengers are protected when using ridesharing apps.

What Happens If You Are In An Accident?

There are a few things you can expect if you are in an accident. First of all, since Florida requires all drivers to carry no-fault insurance for personal injury, you will have a minimal coverage. Secondly, you will have to pursue a claim against the driver’s insurance company yourself. Thirdly, if the driver does not have adequate coverage to meet your claim, you may have to pursue a claim with Uber or Lyft. In any of these cases, because of the lack of regulations, your claim could be unfairly denied. That is why if you get into a ridesharing accident you need to contact a personal injury attorney immediately.

Even though the regulations are still being developed leaving room for the insurance to give victims the run around, the attorneys at All Injuries Law Firm can help. We have over 30 years of battling it out with insurance companies to give people the fair compensation they deserve. We know exactly how to get insurance companies to offer a settlement in any personal injury case, including the challenging legal circumstances of ridesharing. So if you’ve been injured in a ridesharing accident, call us today for a free consultation to see how we can help you!