Over the last few years, ride-sharing has become a preferred method of transportation for many people in Oklahoma. As more and more Uber and Lyft drivers take to the streets, the likelihood of being involved in an accident with one of them is increasing. Whether you are passenger in a ride-share vehicle or an Uber or Lyft driver collides with your car, the big question is –who is held liable in an Uber or Lyft ride-share accident?
The Facts
There has been considerable debate as to whether ride-share drivers are considered independent contractors or employees. Some courts have held that when a driver is actively utilizing a ride-sharing app(such as cruising for customers, driving to pickup a rider, or actively transporting a rider) that driver can be considered an employee or agent of the ride-sharing service.
All ride-share drivers must have their own personal car insurance. The ride-share company then offers additional coverage while the driver is logged into the app and accepting passengers. If the app is not open –the additional liability coverage will may not apply or the amount of insurance coverage available could vary.
At first blush it can be difficult to decipher who is liable in an accident involving an Uber or Lyft driver. There will need to be an investigation into the driver’s use of the app at the time of the accident, the coverage applicable and more.
What to Do When You’re in an Accident in an Uber or Lyft
The first step in any accident scenario is to call the police. Not only is important to have law enforcement on the scene for traffic assistance, they will be able to log all the important details of the accident. Next, we recommend you collect the following information:
Name and contact information of your driver
Names and contact information from any witnesses
Name and case number from the officer(s) who arrive
Take photos of the scene, the vehicles, and any ride-share stickers
Seek medical attention, even if you don’t think you’ve been severely injured
Taking these steps will help to preserve evidence for your personal injury claim. Next, it is imperative you contact a knowledgeable personal injury attorney to help navigate your case.
Ride-share companies have gone to great lengths in their efforts to insulate themselves from liability for their driver’s negligence and from their own failures to screen for proper driver qualifications. Rather than trying to navigate your case alone, you need an experienced attorney that has the knowledge, experience and tools to help you pursue your claim.
Count on the team of accident attorneys here at Fulmer Sill. We will work to ensure you the best possible results in your case. Contact us today to get started on your free case evaluation.
All ride-share drivers must have their own personal car insurance. The ride-share company then offers additional coverage while the driver is logged into the app and accepting passengers.