With the rising popularity of rideshare transportation comes the inevitable possibility of rideshare car accidents. It’s true that rideshare options can be a convenient and quick way to travel. But it’s sometimes difficult to know who shares the responsibility of fault if an accident occurs.
Both drivers and riders should know the type of coverage they have. It’s also important to know your rights and the possible compensation you may receive following an injury from an accident.
According to Ride Safe Georgia, Lyft and Uber drivers must meet four criteria to engage in offering rideshare services. Firstly, all drivers must have a fully insured 4-door vehicle. In addition to that, they must be able to pass both a background check and a driving record check. Furthermore, they must meet the minimum age/driving experience requirements.
It’s important to know the types of incidents that rideshare companies consider “accidents.” According to Lyft, accidents are defined as:
a vehicle collision
the vehicle striking an object like a curb or a tree
an incident when the vehicle is damaged by third-party property.
Due to their nature, rideshare accidents are more complicated than regular auto accidents. This is why we’ve laid out some important things to keep in mind so that you can be informed if you experience a rideshare car accident.
During the immediate aftermath of a rideshare accident, all parties must check for injuries. They will also need to call police and paramedics if necessary. No matter the severity of the accident, everyone should document all pertinent information, including contact information and names. The course of action immediately following a rideshare accident should be similar to any general car accident.
If possible, the rideshare driver must move the vehicle to a shoulder or safe location out of the flow of traffic–a common move for auto accidents. But rideshare accidents have other factors to consider. After emergency services arrive, the driver and rider should both report the accident to the rideshare company. Both Lyft and Uber have claims forms for this process.
Many times, riders merely want to continue on to their destination and seek another rideshare driver. You may want to get to your destination, especially if you are not seriously injured, but it’s best to stay at the scene. You’ll need to document the incident, get all parties’ contact information, and speak with authorities so they can make a detailed report.
Remember, when it comes to rideshare accidents, there are a few more parties involved than a regular car accident, namely the rideshare companies and their insurance providers.
This is why it is important to stay at the scene of the accident. You should be aware of your rights so you know how to take the next steps.
Regardless of the rideshare company, all rides are covered by insurance. If the app is turned off, then driver’s personal vehicle insurance applies. When the app is on (whether waiting for a passenger or driving a passenger), then the rideshare companies provide coverage. The coverage amount varies by state and severity of injury.
It’s best to report the accident to the rideshare companies and the insurance companies as soon as possible so that you receive full coverage. Both Uber and Lyft have easy in-app features that both drivers and riders can use to contact a safety team in the event of an accident. Each company ensures that a trained team is available to guide riders and drivers through the process of reporting an accident.
The users should share details of the incident so that the team can provide personalized assistance based on the situation. Each company provides users with claims forms to complete so that they can determine how best to cover the accident.
If you are involved in an accident while driving for Lyft, you may require a Post Collision Inspection. Lyft provides drivers a form to complete so they have a record of the extent of damages to the vehicle. The driver then has to provide detailed descriptions of the damage. Then the inspector signs the document so that the claims process can move forward.
If you are severely injured in a rideshare accident, you may receive medical treatment at the scene. You could also be transported to a local hospital. In this case, all insurance companies involved will be quickly notified of this situation.
But if you suffer an injury that you do not notice until later, it is important that you report it and seek treatment as soon as possible. In many cases, there is a time limit in which you can report your injury.
If you are injured in a rideshare accident, you must file an injury claim. According to Ride Safe Georgia, in order to do so, you must prove two things: how badly a party was injured (damages) and who was at fault (liability). When a rider is injured during a rideshare ride in Georgia, rideshare companies cover up to one million dollars in liability coverage.
In the majority of car accidents involving a rideshare driver or rider, the liability falls to the driver. It is important to remember, however, that the nature of coverage largely depends upon the status of the ride.
If you are involved in a rideshare accident, you may be dealing with a lot of different aspects in the aftermath. This could include large rideshare companies, auto insurance companies, medical insurance companies, and possibly even lawyers representing different parties.
Rideshare companies usually want to settle these types of claims fairly quickly–and they have the manpower to do it. But those who have been injured should focus on their own rights and seek a personal injury lawyer during this time.
Needless to say, the situation following a rideshare accident can become very complicated very quickly. All parties involved should be aware of existing laws, rideshare company regulations and protocol, and confusing or overwhelming legal loopholes.
It’s best to seek professional guidance so you don’t have to go up against these large companies alone. You should have a trusted expert on your side to assist you through this process. At Castan & Lecca, we have the legal knowledge and experience to get you the compensation you deserve.
51 Lenox Pointe NE
Atlanta, GA 30324
4131 Steve Reynolds Blvd #102
Norcross, GA 30093
Dustin Thompson
Attorney
Dustin Thompson was raised in rural Camilla, Georgia. Dustin graduated from Georgia Southern University majoring in political science and history. After graduation, Dustin obtained a law degree from Georgia State University College of Law in Atlanta. Before becoming a lawyer, Dustin worked a variety of jobs from a watermelon farm in Mitchell County to a policy think tank in Washington D.C. Dustin has practiced law almost exclusively in the workers’ compensation arena since 2014. For nearly a decade, he worked for a large defense firm in Georgia representing employers and insurers and gaining the invaluable experience and knowledge of how insurers defend claims. In 2023, Dustin joined the firm to use his expertise and litigation skills to help individuals who have been injured as a result of work accidents and third-party negligence. Dustin has been repeatedly recognized by Best Lawyers: “Ones to Watch” in the practice of workers’ compensation. Outside of work, Dustin enjoys traveling, hunting, and attending sporting events. He and his family are active in Buckhead Church.
MICHAEL BOESCHEN
Attorney
Michael Boeschen (Mike) was born in Wichita, KS and raised in Chattanooga, TN. Mike graduated from The McCallie School and went on to study history, Spanish, and Latin American Studies at Southern Methodist University in Dallas, TX. After graduation, he went on to pursue a law degree from the University Of Georgia School Of Law. During law school, Mike participated in the Legal Aid Clinic, assisting in the defense of indigent criminal defendants. Mike has been licensed to practice law in Georgia since 2002 and his main practice area consists of representing injured workers as they navigate through the Georgia workers’ compensation system. Mike is also fluent in Spanish. In his spare time Mike enjoys following soccer, cooking, and spending time with his wife and two young daughters. Mike and his family are parishioners of the Holy Spirit Catholic Church in Sandy Springs, GA
CHRISTIAN PECONE
Attorney
ED DENKER
Attorney
ILIANA DOBREV
Attorney
KEN THAXTON
Attorney
ALEXANDER LECCA
Attorney
DANIEL CASTAN
Attorney
Dan Castan is a senior partner at Castan and Lecca, PC in Buckhead and represents injured workers before the State Board of Workers’ Compensation and plaintiffs in State and Superior Courts of Georgia for injuries suffered in accidents. Dan litigated one of the seminal claims securing the rights of undocumented workers to receive Workers’ Compensation benefits in the state of Georgia when injured in the case of Wet Walls, Inc. vs. Ledesma. Dan has successfully fought and settled multi million dollar cases. He was born and raised in Newark, New Jersey to immigrant parents from Cuba. He received a Bachelor of Arts degree from Boston College and received his Juris Doctor from The Washington College of Law at The American University in Washington D.C. Dan was admitted to the Georgia Bar in November, 1993. He is an active member of the Hispanic Chamber of Commerce, Georgia Trial Lawyers Association, Atlanta Bar Association and the Workers’ Compensation Section of the State Bar of Georgia. Dan is a founding member and Director of the Latino Victory Fund Georgia and serves on the Board of The Latin American Association. Dan has been dedicated to getting Latinos elected to local, state and Federal offices in Georgia. He has been a Big Brother through Big Brothers and Sisters of Metro Atlanta and a mentor through The Latin American Association’s mentor/mentee program. Dan is married with two children.
