The City of Portland happily participates in the sharing economy and all the ways it plays in transportation, from “by the minute” carshares to pedicabs to rideshare companies like Uber and Lyft.
Different states enforce different rules when it comes to liability for a ridesharing accident. If you suffered an Uber or Lyft accident injury, you would want to know your rights and legal options for recovering the costs of medical expenses, lost income, and other damages.
If a rideshare accident in the Portland area injured you, a Portland ridesharing accident lawyer at Ben Crump Law, PLLC can help you. We do not shy away from tough cases.
Call us today for a free consultation at (844) 730-0233.
Rideshare Companies’ Unique Insurance
The state of Oregon requires that transportation network companies (TNC) provide insurance that is in effect any time a driver is carrying passengers or is logged into the TNC network.
With Uber, drivers must carry commercial insurance policies. However, these policies cover personal injury damages only while the driver conducts Uber’s business. So, for example, if an Uber driver were to crash into your car while the driver headed for home, the driver’s personal insurance would bear the cost of any damages you suffer in the accident.
You may find it difficult to recover your losses if the driver’s personal insurance provider denies liability with the argument that the Uber driver was actually on the clock. You also face the possibility of the Uber driver being underinsured.
If your rideshare driver was on the clock when they caused the accident, then the TNC’s commercial auto insurance coverage should cover any losses from your injury. A commercial policy tends to provide more protection, but you should keep in mind that the insurer can resist paying you the settlement you deserve. The rideshare company will call on its lawyers to represent their interests, making it even harder for you to get a fair deal.
A Portland ridesharing accident lawyer can investigate your accident, establish liability, and stand up for your right to recover damages.
For a free legal consultation with a ridesharing accidents lawyer serving Portland, call (844) 730-0233
What a Rideshare Driver Should Know About Insurance
A rideshare driver’s commercial and personal insurance policies come into play in different situations. Consider the following scenarios to get a better idea of how your accident might play out:
- If your accident occurs while you are driving to pick up a passenger, the TNC’s insurance should cover losses.
- If you are waiting for a passenger pick-up request to come in via your Uber or Lyft app when the accident occurs, you might hit a “coverage gap.” In this scenario, the TNC might cover damages, but likely at a low rate.
- If your Uber or Lyft vehicle is struck by another vehicle, the other driver’s insurance should be liable, provided the other driver caused the accident.
- If your crash happens while you transport a paying passenger, your personal insurance will not cover damages—despite the fact that you were driving your personal vehicle—because the collision happened as you were working.
- Some TNC employers give drivers a vehicle from their “fleets.” These vehicles come with an insurance policy. However, when using your own vehicle as a rideshare driver, the TNC will not provide the same protection against damages as it would with a car from its own fleet.
It can all get quite complicated. Let Ben Crump Law, PLLC clear things up for you. We know how to get to the bottom of the rideshare insurance questions you are facing.
Portland Ridesharing Accident Lawyer Near Me (844) 730-0233
Liability of the Rideshare Company
Because Uber and Lyft regard their drivers as independent contractors, the rideshare companies do not generally fall under the same constraints of vicarious liability as would the employee driver of a trucking company, for example.
Typically, individuals injured in a ridesharing accident will find themselves bringing their injury claims with the driver’s insurance provider. However, if their policy does not cover all the damages, the rideshare company’s insurance might apply, provided the driver was logged into the app at the time of the collision.
In situations where Uber’s or Lyft’s negligence causes an accident, the injured party can seek to recover damages from the ridesharing company’s insurance coverage. For example, if your lawyer can prove that Uber’s hiring protocols ultimately caused you to suffer injury, they can file a claim against Uber’s insurance policy on your behalf.
If another vehicle struck your Uber or Lyft car while you were a passenger in the vehicle, and you suffered an injury from the collision, your lawyer can file a claim against the other driver’s personal injury policy.
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We Can Investigate Your Accident
When you hire our law firm to handle your Portland ridesharing accident, we will investigate the collision, starting with gathering evidence to support your claim. This will include:
- Visiting the scene of the accident
- Obtaining the police accident report
- Gathering your medical records
- Talking to witnesses
- Interviewing medical experts
- Working with accident reconstruction specialists
We will use this evidence to establish that the at-fault party’s negligence caused the ridesharing accident that resulted in your injury.
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Recoverable Damages
A member of our legal team will determine the value of your claim using evidence gathered from your medical reports, employer wage statements, and input from experts in the fields of medicine, economics, occupational therapy, and psychology to identify the value of your losses.
Although every ridesharing accident case is different, thereby generating unique losses, some types of damages commonly accompany this type of claim. For example:
- Medical expenses, including treatment and hospital stay
- Prescription medicines
- Lost income and benefits
- Replacement services
- Pain and suffering
If a rideshare accident caused the death of a family member, you are eligible to pursue a wrongful death action. Our lawyers can help you with this effort.
Call Ben Crump Law, PLLC to Represent You in Your Rideshare Accident
Ben Crump Law, PLLC works on contingency, meaning you pay us only when and if we win you a settlement or court award. Furthermore, we offer you a free case evaluation. Call us today at (844) 730-0233 to see how a Portland ridesharing accident lawyer can help you with your case.
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