Ridesharing services have made getting around a city like Las Vegas more convenient. However, you can still get into a ridesharing accident, whether you are a driver or a passenger. In these cases, it can be difficult to determine not only who was liable for the accident but who can be held accountable in a civil suit – and whether ridesharing insurance may cover your needs.
Ben Crump Law, PLLC, can offer legal guidance after a ridesharing accident. If you or a loved one experienced losses in such an accident, call (800) 598-7557 to schedule a free case consultation.
Ridesharing Accidents as a Driver
Ridesharing programs like Lyft and Uber have means in place that are designed to protect drivers from certain accidents. However, those means apply on a phase scale. This means there are times when your ridesharing insurance, as provided through your parent company, can protect you from an accident, and there are times when it cannot.
The ridesharing insurance phase scales includes four sections:
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Whenever you take to the road without your ridesharing app on, you are not covered by your parent company’s ridesharing insurance. Instead, you must use any personal car insurance you have to cover an accident that you may get into.
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You can look for passengers with your app on while your car is not in motion. If you have your app on but are not in your car, or your car is otherwise not on the road, then your ridesharing insurance coverage will only provide you coverage if you experience liability losses.
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Once you take to the road with your app on and accept a ride from passengers, then your ridesharing insurance will kick in. You will receive coverage for liability losses and other losses affiliated with an accident provided that you are not at-fault for said accident.
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Ridesharing insurance also covers you in full when you have passengers in the vehicle with you. Do note, though, that this coverage protects your losses, person, and property. Your riders, comparatively, may not have the same luxury, depending on what kind of coverage your parent company provides for you.
How does that coverage apply to potential lawsuits? For starters, you will, if you are found at fault for an accident, have the coverage you need to compensate another driver for their losses. If you are not at fault, however, you could receive compensation for some of your losses. You can then base a potential lawsuit on the coverage you have been provided based on the phase of coverage you were in when the accident occurred.
Taking Legal Action as a Driver
If you get into an accident as a ridesharing driver, and you believe the compensation an insurance company’s offer will not meet your needs, you can file a lawsuit against the party you believe–or whom your insurance dictates–to be liable for your losses.
To do so, you can craft a legal complaint. In this document, you can identify to a court the party you wish to hold liable and what evidence you have on hand–including but not limited to statements from your insurance provider–further establishing that liability.
You can also outline your potential compensation in such a document, making your losses clearer to those parties that may look over your case. With this information at hand, you must then submit your complaint within Nevada Revised Statutes (NRS) § 11.190, Nevada’s statute of limitations.
Throughout this process, you can ask for legal guidance and representation from a Las Vegas ridesharing accident lawyer with Ben Crump Law, PLLC.
You also have legal options available to you if you would prefer not to go to court. You can craft a demand letter and deliver it to the party you believe to be liable for your losses. Alternatively, if you receive a settlement offer, you can calculate your potential compensation independently and negotiate for a fuller offer if such action seems appropriate. A lawyer could handle negotiations for you.
If you are ready to get started on your ridesharing accident case, give Ben Crump Law, PLLC, a call today. We can review your situation’s details and explore possible next steps with you during a free, no-obligation consultation.
Ridesharing Accidents as a Passenger
Ridesharing insurance does not always apply to passengers in a rideshare. You can speak with your ridesharing driver after an accident to learn more about what kind of coverage they had and whether it will cover your losses. However, if the other driver involved in the accident can be assigned fault in the aftermath, then you can rest assured knowing that the offending driver’s car insurance can tend to your losses.
Taking Legal Action as a Passenger
The legal action available to you as a passenger involved in a ridesharing accident is much the same as the legal action available to drivers. However, the party you wish to hold liable for your losses may vary based on the party determined to have initiated the accident.
If the driver of your rideshare is determined to be at fault, then you can issue a demand letter or complaint against him. If another driver instigates the accident, then you can hold that party liable for your losses. Note that in cases where your driver was not at-fault, you can draft a civil suit in tandem or separately from that driver, should they wish to take legal action.
How a Las Vegas Ridesharing Accident Lawyer Can Help
A Las Vegas ridesharing accident lawyer can help you focus on your recovery after any ridesharing accident, allowing you to focus on your recovery. Together, you can calculate your potential compensation, regardless of whether you drove in the accident or were a passenger at the time. If you choose to work with a lawyer, you can also determine the course of legal action may suit your needs best.
Throughout this process, you do not have to worry about receiving a bill. We do not charge you upfront for the legal services that you request unless you receive compensation from a court or another party with whom you were negotiating.
If you wish to take legal action after a ridesharing accident, whether you are a driver or a passenger, Ben Crump Law, PLLC, might be able to help. Call (800) 598-7557 today to schedule a free case consultation with a team member.
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