Rideshare services like Uber and Lyft offer convenience and flexibility, but the question of liability can be complex when an accident occurs. If you’re involved in a rideshare accident in Rhode Island, determining who is responsible can depend on several factors, including the rideshare driver’s status at the time of the accident, Rhode Island’s laws regarding fault and liability, and the insurance policies that apply. Here, PALUMBO LAW unpacks the essential information to help you understand who may be liable for rideshare accidents and how to seek compensation.
Rideshare Liability and Rhode Island’s Fault-Based System
Rhode Island follows a fault-based insurance system, meaning the person responsible for causing the accident is liable for any damages resulting from it. This system applies to all motor vehicle accidents in Rhode Island, including rideshare accidents. In a rideshare accident, multiple parties may be at fault, such as:
- The rideshare driver
- Another motorist involved in the collision
- The rideshare company itself (in certain situations)
Depending on the cause of the accident and the driver’s activity at the time, liability may shift between different insurance policies and individuals. Understanding each party’s potential role is crucial for recovering damages after an accident.
Determining the Rideshare Driver’s Status
A major factor in determining liability is the status of the rideshare driver at the time of the accident. Rideshare companies like Uber and Lyft have varying levels of insurance coverage that depend on whether the driver is actively engaged in rideshare activities. Generally, there are three phases of rideshare driver activity:
The Driver is Offline
When a rideshare driver is not logged into the app, they are considered “offline” and are essentially driving for personal reasons. In this scenario, the driver’s auto insurance is the only available coverage. Suppose an accident occurs while the driver is offline. In that case, the rideshare company (e.g., Uber or Lyft) is not liable, and the driver’s personal insurance policy will be responsible for covering damages.
The Driver is Logged In but Has Not Accepted a Ride Request
If a rideshare driver is logged into the app but has yet to accept a ride request, Uber and Lyft provide limited liability coverage. This coverage typically includes:
- $50,000 per person for bodily injury
- $100,000 per accident for bodily injury
- $25,000 for property damage
In this phase, the driver’s personal insurance may still apply as primary coverage, but if it is insufficient, the rideshare company’s limited policy can cover the remaining damages.
The Driver Has Accepted a Ride or is Transporting a Passenger
Once a rideshare driver has accepted a ride request or is actively transporting a passenger, Uber and Lyft’s $1 million liability coverage policy goes into effect. This comprehensive policy covers bodily injury and property damage, offering significant protection for passengers and other parties involved in an accident. In addition, most rideshare companies provide uninsured/underinsured motorist coverage in case another at-fault driver is inadequately insured.
Potentially Liable Parties in a Rideshare Accident
In a rideshare accident, several parties may be liable depending on the specific circumstances:
- The Rideshare Driver: If the rideshare driver caused the accident due to negligent actions, such as distracted driving or speeding, they may be held liable. However, as discussed, the rideshare company’s insurance coverage can apply based on the driver’s status at the time.
- Another Motorist: If another driver caused the collision, liability would fall on that driver and their insurance policy. The rideshare driver and their passengers can seek compensation from the at-fault driver’s insurance.
- The Rideshare Company: In some cases, the rideshare company itself may bear partial liability. For instance, the company might share responsibility if Uber or Lyft failed to conduct adequate background checks on a driver with a known history of reckless driving. However, rideshare companies often protect themselves by classifying drivers as independent contractors, which can limit their direct liability.
Steps to Take After a Rideshare Accident
If you’re involved in a rideshare accident, taking the following steps can help protect your rights and strengthen any claims you may need to file:
- Ensure Safety and Call Emergency Services: First, check for injuries and call 911 for immediate medical assistance if necessary. It’s also essential to report the accident to the police, as a police report will serve as crucial evidence when establishing liability.
- Gather Information: Document the accident by gathering contact details from all parties involved, including the rideshare driver, other motorists, and any witnesses. Also, take photos of the accident scene, vehicle damage, and any visible injuries.
- Report the Accident to the Rideshare Company: Uber and Lyft have built-in reporting systems within their apps, allowing you to notify them of the accident. Reporting the accident helps ensure the rideshare company is aware of the incident and may activate the appropriate insurance coverage.
- Seek Medical Attention: Even if you don’t feel injured immediately, seeing a doctor as soon as possible is essential. Some injuries, such as whiplash or internal injuries, may not be immediately apparent but can worsen over time.
- Consult a Rhode Island Personal Injury Attorney: Navigating liability in a rideshare accident can be complex, especially when multiple insurance policies are involved. Consulting an experienced Rhode Island personal injury attorney can help you understand your rights and pursue compensation. PALUMBO LAW has the knowledge and experience to handle rideshare accident claims and ensure that you receive fair compensation.
Compensation for Rideshare Accident Victims
If you’re injured in a rideshare accident, you may be eligible for several types of compensation, including:
- Medical expenses: Coverage for both immediate and future medical costs.
- Lost wages: Compensation for lost income due to injury-related time off work.
- Pain and suffering: Damages for physical pain, emotional distress, and loss of enjoyment of life.
- Property damage: Coverage for repairs or replacement of damaged property.
By working with a knowledgeable attorney, you can better understand the damages you may be eligible for and how to secure compensation through the appropriate insurance policies.
Rhode Island Rideshare Accident Lawyers
Rideshare accidents in Rhode Island present unique challenges in determining liability due to the complex nature of rideshare insurance policies. Whether you are a rideshare passenger, a driver, or another party involved in the accident, PALUMBO LAW can help you navigate the legal process. With our guidance, you can protect your rights and pursue the compensation you deserve. If you’ve been involved in a rideshare accident, contact us today for a consultation on your case.
