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Who is at Fault if I am Injured While Ridesharing?

Posted on in Car Accidents

springfield uber and lyft accident lawyerIt has become almost second nature to open an app and catch a ride with Uber or Lyft. You may simply not like driving or you may be going out for cocktails and are being responsible. It is easy and practical. But what if you are involved in a rideshare accident? Who is liable for your injuries?

Rideshare Apps

Ridesharing companies are known as transportation network companies (TNCs) in Illinois. Under the law, a company that uses an app to connect passengers with TNCs, must not own, control, or manage vehicles that are used by its drivers. Rideshare companies have insurance policies that provide coverage for people who are injured in a car accident if their drivers are at fault. However, determining whether or not a passenger is covered by under the insurance company and the amount they can receive in compensation differs depending on the circumstances of the crash.

Are Passengers Covered?

Rideshare drivers are usually not covered by their personal auto insurance while they are working. However, ridesharing companies carry insurance coverage for their drivers. Uber and Lyft provide coverage while a driver is driving with a passenger, but no one is covered if the driver is in between rides. Here is a closer look at when the driver’s personal car insurance and rideshare insurance will kick in:

  • The app is on –The rideshare company’s policy is limited to liability coverage which pays for injuries and damages caused by the driver. 

  • Request accepted – When the rideshare driver is headed to pick up a passenger, the Uber or Lyft insurance policy applies.

  • Passengers are in the car – The Uber or Lyft insurance policy applies.

  • Passengers have been dropped off, the app is on, and the driver is waiting – The rideshare employer’s policy is limited to liability coverage during this time. The driver’s personal auto insurance will not cover damages unless the driver has additional rideshare coverage or a commercial policy.

Exploring Legal Options

Companies often try to avoid liability by claiming that their drivers are independent contractors. However, if a rideshare company did not properly vet an applicant’s driving record the rideshare company may be liable if the driver caused an accident. 

Contact a Champaign, IL Rideshare Accident Lawyer

At Kanoski Bresney, we have represented clients for more than 40 years and are not afraid to take on big insurance companies. A Champaign rideshare accident attorney will fight to protect your rights and work to hold rideshare companies responsible for injuries caused by their drivers. Call 888-826-8682 for a free consultation.

 

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3589&ChapterID=49

https://www.uber.com/us/en/drive/insurance/?city=erie

https://www.progressive.com/auto/insurance-coverages/rideshare/

https://www.nerdwallet.com/article/insurance/rideshare-insurance

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