If you have been injured in a car wreck involving a rideshare, it can be difficult to determine who is liable for paying damages, and how insurance will operate in these situations. It may be useful to speak with a lawyer when handling liability and insurance in Fort Collins Uber, Lyft, and rideshare accidents as there may be multiple parties that could provide compensation for damages. A seasoned personal injury attorney with experience negotiating with insurance companies could help you fight for the compensation you need to cover medical expenses, lost wages, and suffering.
Who is Liable When a Rideshare Driver Causes an Accident?
Uber, Lyft, and other rideshare drivers are classified as contractors to those companies and not employees. This is an important distinction as, in most cases, it means that when one of these drivers causes injury to another party, it is their private insurance that will pay the bill and not the company they drive for. However, both Uber and Lyft carry third party liability insurance, and if their driver’s private coverage does not pay enough compensation, the company’s external liability coverage may provide additional coverage.
There are many other situations where different parties and their insurance companies may be liable for the damages they have caused. It is important to remember that the state of Colorado has a mandatory minimum level of liability insurance, but sometimes the damages accrued from an accident may exceed what is covered in those policies.
When an Uninsured Driver Causes Injury to A Passenger
If the other driver was uninsured and you have Uninsured Motorist coverage with your own auto insurance company, then you could make a claim for Uninsured Motorist benefits with your own auto insurance company. You could also potentially make a claim for Uninsured Motorist benefits against Uber or Lyft. Uber and Lyft drivers are covered by Uninsured Motorist coverage during a rideshare trip, typically in the amount of $1 million.
If the other driver was uninsured and you do not have uninsured motorist coverage, then you could make a claim for Uninsured Motorist benefits against Uber or Lyft. If the other driver was insured, but your damages exceed the other driver’s liability insurance coverage, and you have Underinsured Motorist coverage, then you could make a claim against your private auto insurance for Underinsured Motorist benefits. You could also potentially make a claim for Uninsured Motorist benefits against Uber or Lyft. If the other driver was insured, but your damages exceed the other driver’s liability insurance coverage, and you do not have Underinsured Motorist coverage, then you could also make a claim for Uninsured Motorist benefits against Uber or Lyft. All these different parties that may be responsible for paying damages show why working with liability and insurance in Fort Collins Uber, Lyft, and rideshare accidents are difficult, but an experienced personal injury attorney could provide guidance.
Shared Fault for Uber Driver and Another Driver
Under Colorado law, a negligent party is responsible for their percentage of negligence. So if a passenger in the Uber/Lyft vehicle or an occupant (driver or passenger) in the other vehicle is injured due to negligence by both the Uber/Lyft driver and the other driver in Fort Collins, then the injured person may recover against each of the negligent parties according to their respective percentages of negligence. Further, a party who is 50% or more at fault is barred from recovering any damages. For example, if the other driver who collided with the Uber/Lyft driver were 60% at fault, then the other driver would not be able to recover any damages. However, if the other driver had a passenger who was injured, then the injured passenger would be able to recover 60% of their damages from the driver of their car and 40% from the Uber/Lyft driver. Likewise, an injured Uber/Lyft passenger would be able to recover 40% of their damages from the Uber/Lyft driver and 60% of their damages from the other driver.
There are numerous additional liabilities, liability insurance, and uninsured and underinsured motorist scenarios to consider; however, the scenarios get even more convoluted and confusing. That is why it is essential to consult with an experienced Fort Collins Uber/Lyft accident attorney in these cases for correctly dealing with liability and insurance in a rideshare accident injury case.
Injuries to the Driver and Workers Compensation Insurance
Uber and Lyft drivers are independent contractors, not employees of Uber or Lyft, so if they are injured while driving, they do not have a Workers Compensation claim with Uber or Lyft. In the unlikely event that the Uber/Lyft driver has their Workers Compensation insurance, then they would have a Workers Compensation claim with their own Workers Compensation insurance. In any event, a Fort Collins Uber or Lyft driver injured by another driver would have a liability claim against the other driver and the other driver’s auto liability insurance.
If the other driver was uninsured, then the injured Uber/Lyft driver could make a claim against their own uninsured motorist coverage.
If the other driver was uninsured and the Uber/Lyft driver was injured by the at-fault driver during an Uber/Lyft trip or en route to a trip, then Uber or Lyft typically provides $1 million of uninsured motorist coverage for its drivers in Fort Collins.
If the injured Uber/Lyft driver’s damages exceed the at-fault driver’s liability insurance coverage, then the Uber/Lyft driver could make a claim against their own underinsured motorist coverage.
If the injured Uber/Lyft driver’s damages exceed the at-fault driver’s liability insurance coverage and the Uber/Lyft driver was injured during an Uber/Lyft trip or en route to a trip, then Uber/Lyft typically provides $1 million of uninsured motorist coverage for its drivers.
Uber and Lyft usually do not provide its drivers with uninsured or underinsured motorist coverage prior to the acceptance of a trip. In these cases, working with insurance and assigning responsibility for the damages in an Uber, Lyft, or rideshare accident in Fort Collins can be more difficult.
Let a Fort Collins Attorney Help You Identify Defendants in Your Rideshare Crash
Rideshare companies like Uber and Lyft can make transportation a lot easier around Fort Collins, but they are not always safe. When a regular car wreck occurs, it may be simple to determine who is at fault and should pay the resulting damages. However, when there are external parties and companies involved, the job of handling liability and insurance in Fort Collins Uber, Lyft, and rideshare accidents can be more difficult. Call a seasoned car accident lawyer today to start working on your case and identify the parties responsible for compensating you.