The Jasmer Law Firm prides itself on offering comprehensive legal assistance on rideshare accident lawsuits. Rideshare accident victims are entitled to compensation for their medical bills, lost wages, property damage, and pain and suffering resulting from their rideshare service experience.
As an auto accident lawyer for over 30 years, David Jasmer is experienced in this area of personal injury law. He understands how an Uber or Lyft accident is different from other types of car accident claims. When looking for legal representation for an Uber or Lyft accident, be sure to find a Chicago rideshare attorney who has handled these types of claims.
Speak to a Personal Injury Attorney about your Rideshare Accident: 312-782-6344
3 Ways Rideshare Accidents Differ From General Car Accidents
1. Complex Insurance Recovery
Much of the complexity of rideshare cases arises from insurance coverage. The best Chicago Uber crash lawyer or Lyft crash lawyer must consider gaps in insurance coverage between the driver's personal auto insurance and the liability insurance for Uber and Lyft, what "phase" the driver is in when the crash occurs, and the ever-changing insurers used by the two companies.
There can also be a difference in insurance coverage depending upon whether the other driver was at fault or the rideshare driver is at fault. When another driver is at fault, we draw from their liability insurance as well as Uber or Lyft's Uninsured or Underinsured Motorist (UM/UIM) insurance. When the rideshare driver is at fault, the rideshare company's own insurance, and possibly the driver’s personal insurance, will come into play.
When an accident occurs during a rideshare, liability coverage is usually substantial. Both Uber and Lyft carry a $1 million Uninsured Motorist and Underinsured Motorist policy in Chicago. Lyft does not require its drivers to carry commercial insurance on their cars.
The Lyft corporate insurers change from state to state. In the event of an Uninsured Motorist or Underinsured Motorist claim in Illinois (and some other states), the rideshare’s UM/UIM policy stacks on top of the policy of the at-fault driver, and other policies may also be available, including multiple insurance policies carried by Uber or Lyft during a specific time period, UM/UIM insurance of the driver, and the client’s own UM/UIM insurance. Drivers and passengers may have different insurance coverage, depending on the policy.
It’s not enough to simply find and list the insurance policies involved, however; many insurance coverages become active only in a specific order, depending upon the state where the crash took place. You may require a claim closeout or permission from one line of insurance before you can access another insurance policy.
Rideshare companies understand these loopholes and are always looking to exploit them. They have insurance companies working hard to find ways to pay out less. A competent rideshare accident lawyer can help level the playing field so you can receive full compensation for your Uber or Lyft accident.
Call the Jasmer Law Firm to discuss your rideshare accident case: 312-782-6344.
2. Misrepresentation Claims
Even in the best of circumstances, rideshare users can be confused about whether a car is intended for them. We've also heard of cases where riders have been tricked by a driver into believing that the vehicle is the one intended for them, and then the driver turns the app off. (Rideshare accidents can occur while you are waiting for a ride request.)
What happens in less-than-optimal conditions when a person has been drinking at night and is attempting to act responsibly by taking a rideshare vehicle rather than drinking and driving? In the dark, surrounded by a crowd of people also waiting for a rideshare vehicle, it becomes considerably easier for a driver to mislead someone when they pick up a passenger.
This type of case can require a law firm to file a lawsuit to discuss whether the driver is really an independent contractor or an employee. You need a rideshare accident attorney who understands not only car accidents and court procedures but also how the Uber app and Lyft app work for both the customer and the driver.
In addition to understanding insurance law, personal injury claims, and ridesharing apps, the best rideshare crash attorneys also understand the outcomes of national lawsuits against Uber and Lyft by their own drivers to understand whether Uber and Lyft drivers can form a contract with the customer on behalf of the rideshare company.
3. Assault, Sexual Trauma and Murder Lawsuits
Tragically, sexual assault is also a danger of riding in Uber and Lyft. This can result from one of the rideshare companies negligently hiring or retaining a dangerous driver. In December 2019, Uber issued its first public safety report, disclosing that 3045 sexual assaults were reported in 2018 and that nine people were murdered by their Uber drivers.
Lyft noted increasing sexual assaults in its more recent report. In fact, multiple lawsuits have been filed against Lyft for the physical and sexual assault of their passengers. The Chicago Times reports:
“Many ride-hailing companies initially thrived by flouting regulations and allowing almost anyone with a car to become a driver without the screening and licenses required in the taxi industry. Reports of sexual assault and murders have since become a regular occurrence as ride-hailing has become a mainstay of urban transportation. Many of the companies face a growing number of lawsuits over safety incidents.”
After a rideshare injury, you need a rideshare accident lawyer.
If you or someone you love has been injured in a rideshare, you will need an experienced rideshare accident attorney to help you navigate the complicated insurance policies that will come into play. Even in seemingly minor “fender benders”, retaining a rideshare accident attorney will make a huge difference in how fast your claim is processed—and how much you recover in financial compensation.
Call The Jasmer Law Firm today for your free consultation: 312-782-6344.