Ridesharing companies such as Uber or Lyft have become as common as taxicabs. Their growing popularity has also led to a growing number of motor vehicle accidents. If you have been involved in an accident with an Uber or Lyft vehicle, our team at James H. Brown & Associates wants to help you.
What Is A Rideshare Accident?
A rideshare accident is a type of auto accident that involves a vehicle where the driver is ‘in the course of work’. This includes if you are a passenger in an Uber or Lyft that crashes or if you are a pedestrian, cyclist or in a vehicle that is hit by one.
Compensation claims for injuries and damage caused in a rideshare accident can be more complicated than other car accident claims. It is advisable to contact a personal injury lawyer as soon as possible if you are involved in an accident involving a rideshare vehicle to protect your legal rights.
Why Do Rideshare Accidents Occur?
Rideshare accidents occur for a wide range of reasons, ranging from driver error to weather conditions. However, there are some unique situations that can make it more likely for rideshare accidents to occur.
For example, in busy periods, the driver may be distracted by the app requesting that they make their next pickup. Rideshare drivers may also be in a rush to drop you off, either to get a 5-star rating from you or to increase their earning potential. Fatigue can also play a role in rideshare accidents, particularly for those who are working as a rideshare driver in addition to other full time work.
Finally, Alberta’s weather can play a role in rideshare accidents too. Rideshare drivers may be inexperienced drivers who aren’t well-versed in driving in Alberta’s extreme weather.
What To Do If You Are Not Severely Injured In An Uber/Lyft Accident
Assuming you are not severely injured and capable of getting out of the vehicle, the next step is to gather as much information as possible. Try to do the following:
- Take down the names of each party involved as well as all witnesses.
- Take pictures of the vehicles and their position on the road.
- Take pictures of all parties’ driver’s licence, registration, and proof of insurance.
- Obtain or keep validation of your Uber/Lyft fare.
What If You Are Seriously Injured In An Uber/Lyft Accident?
Serious injuries can occur in a motor vehicle accident regardless of the amount of damage caused in the collision.
If you are noticeably severely injured at the scene of the accident, someone should call 9-1-1 to get an ambulance as soon as possible.
However, not all serious injuries are immediately obvious. You may leave the scene of the accident and realize you are more injured than you thought. In this case, you should also seek medical attention as soon as possible.
Common injuries from motor vehicle collisions include whiplash, soft tissue injuries, spinal cord injuries, concussion, headaches, and brain injury. When consulting a medical professional, be accurate in advising them of all areas of your body that were hurt in the accident. It is important that your injuries are properly documented.
Protecting Your Legal Rights Following A Rideshare Accident
If you are involved in an accident involving an Uber or Lyft vehicle, it’s important that you act quickly to protect your legal rights. The commercial insurer may pressure you following the accident, and the insurer may not have your best interests at heart.
Insurance Differences In Uber Accidents
There are key differences in how auto insurance companies in Alberta treat accidents involving rideshare vehicles that are important to know.
First of all, if the Uber or Lyft vehicle is not being used “in the course of work”, then the vehicle is covered by the driver’s personal insurance policy. The accident would typically be treated the same as any other car accident, even though the vehicle involved is sometimes used for work.
However, if the rideshare vehicle is being used “in the course of work” at the time of the accident, then it will likely fall under a corporate policy. This is not necessarily issued by the same provider as the driver’s personal policy. If this is the case, there are risks that come with dealing with a corporate insurer.
The 3rd party liability coverage, which is the maximum amount of money the commercial insurer will pay following an at-fault accident, varies depending on the rideshare company. For example, Uber’s third party liability coverage in Alberta is limited to $2 million. Uber ride share drivers and passengers are also protected by $2 million of uninsured/underinsured motorist coverage or in case of a hit-and-run driver.
To summarize Uber’s Insurance policies:
Phase 0: This is where an Uber driver is not logged into the app to accept rides. The use is considered personal, and the driver must have a personal policy to cover an accident in this situation.
Phase 1: This is where the driver is logged into the Uber app and is available to accept rides. Uber Insurance provides $1 million in third party liability coverage in this scenario, as well as Statutory accident benefits and coverage in case of an uninsured or underinsured motorist accident or a hit-and-run driver causes damage or injury.
Phase 2 and Phase 3: This insurance covers third parties from the moment the Uber driver accepts the trip until the passengers have been dropped off. The policy has a $2 million limit.
If you are unsure which insurance company or which policy covers the driver involved in your accident, book a free consultation with the rideshare accident lawyers at James H. Brown & Associates.
What Is The Underinsured Motorist Protection In Alberta?
If you are seriously injured with a traumatic brain injury, spinal cord injury, paralysis, quadriplegia, or fractures that result in disability and loss of work, you may be able to seek compensation through the underinsured motorist protections in Alberta.
Underinsured motorist protections in Alberta are a legal remedy available through the Motor Vehicle Accident Claims Program (MVAC). These protections exist so accident victims can receive compensation when an at-fault party doesn’t have adequate insurance (or any insurance, in some cases) or when the driver is unknown.
However, these protections are limited and there is a maximum payout of $200,000 for all accident victims. In reality, these are designed to be a last resort. So your legal strategy should reflect this.
Our team at James H. Brown and Associates can work with you to determine whether this legal route is open to you and if it’s a good strategy.
Medical and Disability Benefits Following An Uber Accident
There are benefits that you may be entitled to following an Uber accident through the driver’s insurance provider called ‘Section B Coverage’. These benefits are generally available for two years after an accident and can provide up to $50,000 for medically necessary treatment.
If you are unable to work because of the accident, you may receive up to $600 per week to replace your income for up to 104 weeks.
However, you must meet certain requirements to qualify for these benefits. Our personal injury lawyers would be happy to work with you to guide you through the process.
When To Book A Free Consultation With A Rideshare Lawyer
Contacting a personal injury lawyer should be one of the first steps you take if you’re involved in an accident involving a rideshare lawyer.
James H. Brown & Associates provides comprehensive service in taking care of clients with all facets of the personal injury claim process. From assisting clients with the section B benefits provided by a rideshare insurance policy to getting maximum compensation from the at-fault party, James H Brown and Associates is here to help you.
