Are Drivers For Rideshare Companies Considered Employees Or Independent Contractors?
One thing that you have to investigate as soon as you’re in an accident involving a rideshare company is whether the driver is an independent contractor or an employee.
Most rideshare drivers are independent contractors, which means they’re not employees – and some rideshare companies’ insurance policies do not cover independent contractors. As such, this is a vital aspect of any rideshare injury case.
How Can A Rideshare Driver Being An Independent Contractor Impact A Personal Injury Case?
The rideshare drivers are usually required to carry their own insurance, which could impact the case. For example, say the driver doesn’t have adequate insurance or they only have personal auto insurance. Personal auto insurance will not typically cover commercial driving activities, which could be problematic.
So, determining whether the driver is an independent contractor and has the proper insurance is imperative. It’s always best to work with an attorney if you’re involved in an accident involving a rideshare company so you can find this out right away.
Will Rideshare Companies Pay For The Medical Treatment From Injuries I Sustained In A Car Wreck?
In theory, rideshare companies should pay for your treatment if the rideshare driver is at fault. Typically, the at-fault driver’s insurance covers the initial medical expenses and the property damage.
However, it might depend on the status of the driver or the rideshare company and what insurance they have. Ride-sharing companies can be evasive and don’t necessarily want to pay for all these personal injury claims, so they’ve found ways to shift liability for accidents onto the drivers.
Can An Injured Rideshare Driver File A Claim With Their Rideshare Company For Injuries Sustained In A Car Accident?
Usually, rideshare drivers can file a personal injury claim with the rideshare company. Still, it depends on what they’re doing when they’re injured and whether they’re actively transporting someone at that time.
For example, if you see cars with the Uber or Lyft light in the window, but they’re not actively transporting someone, the rideshare company may not cover any injuries.
I Was Injured In An Accident As A Passenger In A Rideshare Vehicle. How Do I Begin The Claim Process?
Step number one for filing a personal injury claim involving a rideshare company is to get a copy of the police report and determine who’s at fault.
Next, it’s helpful to engage a lawyer right away. Having a lawyer will help because personal injury claims can often be challenging to do on your own. It’s not recommended for an injured person to speak to any insurance companies after an accident because they will record your statement and may use it against you in the future.
It’s always a good idea to hire an attorney who understands the process and how to communicate with the insurance companies. First, it takes the stress off because you’re not dealing with potentially multiple insurance companies at a time, and second it helps to preserve any claims you may have relating to the accident. You want to have someone with your best interests in mind handling these early communications.
If My Uber Or Lyft Driver Was At Fault For An Accident That Caused My Injuries, Can I File A Personal Injury Claim Against The Rideshare Company And The Driver Independently?
If you were injured in an accident that was your rideshare driver’s fault, you could file a personal injury lawsuit against the driver and the rideshare company. This is because you could have different theories of liability against each party.
For example, the driver would be negligent for doing something careless or dangerous while driving that caused the accident. You could also potentially have a claim against the rideshare company if the company failed to do an adequate background check or it missed a red flag in the driver’s history. Perhaps the driver had a history of reckless driving and the company ignored it, or there was a lack of training on appropriate safety procedures.
There are many theories of liability that your attorney can bring against the rideshare company. If the driver is not an independent contractor but rather an employee, your lawyer could bring a vicarious liability claim, meaning the company could be held responsible for its employee’s wrongful acts.