Imagine you’re driving southbound on a Milwaukee street one night, and you are driving to pick up your friends. Then, all of a sudden – CRASH! Another car has slammed into yours, and glass is everywhere. It appears that the other driver ran a red light, and smashed into the back end of your car, spun you around, and caused major damages and injuries.
You find out in the aftermath that the other car was a ridesharing car. For victims of ridesharing crashes, getting into an accident with a rideshare service car can be confusing and complicated. Who is at fault – the gig worker driver? Is Uber or Lyft at fault? Does the other driver have some sort of rideshare insurance?
These questions are fairly common after getting into an accident with ridesharing drivers. The standard action would be to file a claim against the driver’s personal insurance company, as you might do in most car accident claims. However, since the other party was driving a car for money as part of a ridesharing service, the driver’s personal insurance may not be enough to cover the extent of the damages to your car or the costs to heal your bodily injuries.
For anyone who has been hit by a ridesharing driver, the best course of action is to reach out to a Milwaukee ridesharing accident lawyer to help you figure out the liability and insurance requirements for these types of car accidents.
You should call the legal team at Ben Crump Law, PLLC, at (800) 598-7557 to seek advice on what steps are involved in filing a personal injury claim against the at-fault driver. We’ll listen and try to help you put together a strategy to win a compensation case down the road.
Liability in Car Accidents
Generally, in most car accidents, the party that is hit by an at-fault driver could possibly bring a claim for damages against the driver. In doing so, the driver who got hit must be able to prove that the other driver was liable for the accident and that damages were incurred from the accident.
If you were hit by a ridesharing driver, you might hope that the driver carries some sort of liability insurance. That’s due to a clause in most insurance contracts stating that the driver will use the car only for personal use. Since ridesharing is a for-profit, public service, the insurance carrier would likely deny a claim for damages in such an accident.
Financial website Nerdwallet notes that rideshare insurance is a type of liability insurance that is becoming available to Uber or Lyft drivers. Ridesharing drivers can purchase this type of insurance to cover them for when driving on private time, as well as coverage when driving for a service.
So if the car hits you while the driver is ‘working’ as a rideshare driver, this extra liability insurance would be the coverage due for the claim. In some states, you may be allowed to file a claim against Uber or Lyft as well for accountability in the accident.
Depending on the accident, and the type of insurance held by the at-fault ridesharing driver, you might be able to seek compensation for damages against the driver. For legal help, reach out to a Milwaukee ridesharing accident lawyer at Ben Crump Law, PLLC. Our legal team will work to figure out a legal strategy for you against the ridesharing driver.
For a free legal consultation with a ridesharing accidents lawyer serving Milwaukee, call (800) 598-7557
The Laws for Ridesharing Drivers
Ridesharing is expected to grow to a $30 billion industry, by some estimates. But to get there, Uber and Lyft have to deal with the states in which they work to get around typical worker laws.
Both rideshare services claim that drivers are not company employees. As part-time ‘gig’ workers, the drivers cannot get benefits under normal compensation laws in states.
States are trying to push Uber and Lyft to classify these drivers as employees, as it will help simplify matters, including personal injury claims. But Uber and Lyft claim that they only provide a software bridge between a passenger who wants a ride and a driver who is motivated by money to provide rides.
Because these drivers are technically ‘independent contractors,’ work compensation systems in a variety of states currently do not provide legal protection for the rideshare driver if the driver would suffer serious injuries or die in a car crash. This is why some states are maneuvering to provide some sort of protection for these independent ridesharing drivers.
Yet, per Business Insider, some state legislatures, especially California, are trying to classify these part-time drivers as employees of the companies. But Uber and Lyft are balking at such actions and are threatening to pull out of the states that hold fast to the worker as full-time employee definition.
Milwaukee Ridesharing Accident Lawyer Near Me (800) 598-7557
Ridesharing in Wisconsin
Wisconsin State Statute §440.415 has guidelines for ridesharing transportation companies like Uber and Lyft. The statues show that drivers must have their own auto insurance or have insurance provided by Uber or Lyft.
When a Milwaukee ridesharing driver is driving on the company clock, the driver must carry minimum coverage of up to one million dollars for bodily injury, property damage, and death insurance. This breaks down as follows:
- $25,000 for property damage
- $50,000 for bodily injury and death per person
- $100,000 for bodily injury and death per incident
Filing a Claim
As you can see, the laws are shifting to keep up with new technology aimed at making our lives more efficient. For ridesharing companies, the laws are currently a bit tangled for ‘gig workers,’ insurance claims, and worker’s compensation for employees.
That’s why it makes sense to seek the advice of a Milwaukee ridesharing accident lawyer if you have been seriously injured in a car accident with an at-fault ridesharing driver. Because of the ridesharing party’s negligence, you may be entitled to seek financial compensation in Wisconsin courts or through our negotiations with insurance companies.
Contact Ben Crump Law, PLLC, to speak to one of our representatives. Your call with us is free and confidential. Call us today at (800) 598-7557 if you have been injured in an accident by a ridesharing driver.