Unlike other commercial drivers, rideshare drivers do not need special training or licenses to start driving and earning money. They must pass a background check and driving record check, and their vehicles must meet certain criteria for safety. For example, Uber should not hire someone with a history of sexual assault or driving under the influence (DUI). However, once drivers pass these checks, they generally don’t have to pass a driving exam or meet other requirements aside from having insurance coverage.
Rideshare accidents happen for all of the reasons that other car crashes might, though there are some additional risks when it comes to rideshare drivers:
Keep in mind that other drivers on the road might also crash into a rideshare vehicle, and the rideshare driver might not be the one to blame in every crash.
Generally speaking, if another driver hits you while they are on the job, you can hold their employer liable for your losses under the legal concept of vicarious liability. However, this is not as straightforward when it comes to Uber accidents. This is because rideshare drivers are still considered to be independent contractors and not employees. Companies are not vicariously liable for the harm caused by independent contractors.
However, if a rideshare driver has accepted a ride or has an active passenger, Uber must provide up to $1 million of insurance coverage for anyone injured by the driver. While this might not allow you to automatically sue Uber following your accident, you can seek recovery from its insurance in certain situations.
Rideshare drivers must have insurance – just like all other drivers in California. However, the law also requires Uber to provide insurance coverage in some situations, such as when a driver has a passenger. This means you might have to file insurance claims against the Uber driver, Uber itself, or both. The matter becomes even more complex if a third-party driver was also partially to blame, as their insurance will then also be involved.
Once you file one or more necessary claims, you then must provide evidence to support your claim and negotiate your settlement like any other type of claim. This can always be challenging, as insurers will aim to minimize your payment. You can have a long road ahead when you have multiple insurance companies fighting against your claims, and the right legal representation is essential.
No one is required to have an attorney to file claims after rideshare accidents, though doing so can have many benefits:
The rideshare attorneys at The Ride App Attorneys will evaluate the best course of action in your situation and handle every step of the process, so you do not have this unnecessary stress. Also, consultations are free, and you never pay fees unless you receive a settlement, so you have absolutely nothing to lose by consulting with our legal team about your options today. Contact our office for answers to your questions and more information.