Posted on: 23 February 2021Share
In most cases, if you are hit by a driver and suffer an injury, you will be able to file a claim against the driver's insurance provider. However, if you are hit by a driver who is working for a ridesharing company, you might wonder if this will affect your case. After all, isn't the driver an employee? Fortunately, you may be able to receive some compensation from the ridesharing company through their liability insurance.
How to Determine Who Covers the Accident
Whether or not the ridesharing company will cover the driver depends in part on whether the driver was logged into the app when they hit your. If the driver was not logged in, they might not be considered to have been working.
If the driver was logged in but had not yet accepted a ride, the ridesharing company might still offer compensation because they were still technically working. However, the damages they will cover might be more limited. If the driver has already accepted a ride or is transporting a passenger, the coverage is typically higher.
When the Ridesharing Driver Isn't Covered
If the driver is not covered, you should still be able to receive compensation for your injuries through the driver's auto insurance policy, which all drivers are required to have to operate a motor vehicle.
Litigation Against Ridesharing Companies
You will likely not be able to sue a ridesharing company even if they offer liability coverage. This is because the drivers are considered to be independent contractors and the company will not likely be considered vicariously liable.
The only exception is if the company fails to perform an adequate background check. For example, if the driver cannot legally drive or has a history of negligent driving, the ridesharing company might be held liable.
Defective Ridesharing Vehicles
Ridesharing companies should also inspect the vehicles of their drivers. If an investigation uncovers that the accident was the result of the car being defective, the ridesharing company may be considered partially liable.
However, you will need a personal injury attorney who can immediately arrive on the scene to:
- Take photographs of physical evidence
- Interview witnesses
- Gather surveillance footage
- Speak with law enforcement
The sooner that you involve a personal injury law firm in your case, the more likely it is that you will be able to receive compensation for your injuries. An attorney will also help you make sure that you have fully calculated all of your damages. Contact a personal injury lawyer to learn more.