Navigating Rideshare Accident Litigation in Ohio: Uber and Lyft Cases

How Do Rideshare Companies like Uber and Lyft Handle Accidents in Ohio?

Rideshare companies, like Uber and Lyft, have been around in Ohio since about 2013. This mode of travel, especially in urban areas like Cleveland, has taken the state by storm for residents and visitors.

However, the drivers operating these rideshare vehicles make money by getting as many fares as possible. They are just as likely to cause an accident as any other negligent driver on the Ohio roads.

So, if you’re injured in a rideshare accident, the question becomes, who is liable for the crash, and what should you do?

Both Uber and Lyft usually respond to accidents based on whether their driver was “on duty” at the time and the data logged in their respective apps.

Suppose a driver’s rideshare app is on and accepts rides when they have an accident. In that case, the driver’s personal insurance policy will initially be in effect and liable at the time of the accident.

Uber and Lyft typically attempt not to claim liability for accidents when their drivers are not “logged into their app.”

If you are an active passenger, specific accidents may be covered under the rideshare platform’s (Uber & Lyft’s) insurance policy. You must also note that liability coverage is critically important for you and your passengers if an active Uber or Lyft driver hits you. Still, your case immediately becomes more legally challenging.

Both Uber and Lyft’s insurance policies include $1 million of total liability coverage. Additionally, their drivers must maintain personal auto coverage according to the Ohio state limits. 

So, as you begin to see, if you’ve been injured in an accident with a rideshare driver or as a passenger in the rideshare vehicle, your skilled, aggressive, and well-versed rideshare lawyer may have to sue numerous insurance companies to obtain compensation, which you need and rightfully deserve.

What Are Some Steps I Should Take If I’m Injured In a Rideshare Accident?

If you’re involved in a rideshare accident, it usually is a highly traumatic, confusing, and overwhelming experience. You were injured and suffered emotional trauma and other severe stress.

Therefore, to protect yourself, you should take the following steps as soon as possible:

• Immediately seek proper medical attention – This is the most crucial step to take after your rideshare accident. Make sure medical personnel arrive quickly and get a prompt medical evaluation. Although you may initially feel fine and believe your injuries to be minor, it’s critically important to get checked by a healthcare professional. 

Many types of injuries, such as whiplash, internal bleeding, or even TBIs (traumatic brain injury), might not immediately be symptomatic after your crash. So, always seek medical attention.

• Gather as much evidence as possible – Proper evidence, such as photos, medical records, police reports, etc., are fundamental to the success of your rideshare accident case.
• Consult with a rideshare accident lawyer – As soon as it’s medically safe to do so, seek the professional advice and guidance of an experienced, passionate, and skilled rideshare accident lawyer. These cases all differ, but they all are legally complex. You have to spend time getting well while your thorough and diligent rideshare lawyer navigates the legal complexities of your accident claim.
• Never speak with any insurance companies without your lawyer present – After a rideshare accident, you’ll usually be contacted by the at-fault driver’s insurer and possibly even Uber or Lyft’s lawyers. All insurance companies look for even the slightest opportunity to deny claims, so dealing with these companies is solely the job of your rideshare accident lawyer, who will always do what’s in the best interest of you and your family.
• Never accept a settlement without legal advice – Insurance companies will always attempt to offer a “quick” settlement to accident victims. Although this may be tempting with medical bills, etc., accumulating, be assured their offer will be low. This is where your rideshare lawyer’s professional advice and negotiating skills will prove invaluable to obtaining the total compensation you need to get well and move on with your life.

How Do Rideshare Companies Insurance Policies Usually Work?

For a while now, Uber has had a three-part insurance structure covering their drivers and passengers. When Uber and Lyft drivers are not actively working to pick up passengers, they’re covered by their auto insurance.

When they are on duty but aren’t carrying a passenger, they’re still covered by their insurance plus an additional contingent liability policy. This contingency coverage usually has a limit of $50,000 per injury (totaling $100,000) and up to $25,000 in property damage. This “contingency” coverage is only used if the rideshare driver’s insurance isn’t enough to cover a specific issue.

Finally, drivers who are actively carrying passengers are covered by a $1 million liability policy and an additional $1 million uninsured or underinsured coverage policy.

This three-part coverage exceeds Ohio’s minimum and the usual amount carried in the state, which is about $300,000.

So, although insurance coverage exists, and you may feel like you’re covered, often, that’s not the case. If you’re injured even moderately, medical bills, lost wages, and more can increase rapidly. Also, Uber and Lyft have legal staff who always look out for their interests, not yours.

So, this can quickly become a “murky” legal arena, one in which your rideshare lawyer’s experience, diligence, and negotiation skills are mandatory if you are to receive the compensation you deserve.

Are Rideshare Drivers Usually Employees Of the Company?

This is a critical aspect of these cases, and you should know that Uber classifies its drivers as independent contractors or third-party providers. So, in fact, they’re not Uber’s employees. In some states, employment law specialists object to this classification, as it directly impacts Uber’s liability for its employee’s actions.

In a typical employee/employer relationship, a company is liable for the actions of its employees while they’re on the job. However, the company is not liable for the actions of any of its third-party contractors.

This relationship between Uber and most rideshare companies and their employees has enabled them to expressly deny liability for severe harm (such as wrongful death) to their passengers and others.

So, in reality, the rideshare company’s insurance coverage, although effective, may be out of your reach unless you have the highly trained and experienced professional help of a Cleveland rideshare law team.

Recently, possibly making things worse, there has been speculation that these rideshare companies’ insurance coverage might not be as good as presented. In many cases, coverage has been denied to injured riders. This is primarily because drivers are partially covered by their personal insurance, which typically excludes any accidents that the driver has while they are “on the clock” for Uber or Lyft.

I’ve Been Injured In a Rideshare Accident; What Should I Do?

The legalities of ride-share accidents can be highly complex and require extensive evidence, witness testimonies, and usually multiple insurance companies and lawsuits.

Consulting with a knowledgeable, professional, aggressive, and trial-experienced ride-share accident lawyer is the most important thing to do if you are injured and need the compensation and justice you rightfully deserve.

The ride-share lawyers at HMW Law have a long and winning history of representing and helping ride-share victims protect their rights and get what they and their families deserve. They are passionate about helping you, as a ride-share victim, get through these dire times and face the future with confidence.

Call them today at 216-369-1352 for a free consultation on your case. They will begin immediately to help you and your family move on optimistically.