You’re stuck in rush-hour traffic on I-15 when you get rear-ended by a Lyft driver. Your neck hurts, your back’s sore, and now you’re also having to deal with the hassle of filing an insurance claim.
Although it seems like it should be simple and straightforward, processing a rideshare accident claim can be significantly more challenging than processing a claim for other types of accidents. In this article, our Las Vegas car wreck attorneys explain why.
Why Rideshare Accident Claims Are More Complicated
A typical claim usually involves each driver and their insurance company. In a crash with a rideshare, however, the process can also include injured passengers, the rideshare company’s insurance, and the driver’s rideshare app records.
Let’s take a closer look at five factors that can complicate and lengthen the claims process.
1. The Driver’s App Status Matters
Was the Uber or Lyft driver working at the time of the accident? And if so, how? This can affect which insurance policies come into play, so insurers may need to confirm the app records before deciding which policy applies.
An off-duty driver may not be covered by the rideshare company’s insurance and would use their personal auto insurance instead.
A driver who’s actively waiting for a ride at the time of the accident may be covered by a limited liability policy from the rideshare company.
A driver who has accepted a ride request, is picking up a passenger, or is actively transporting a passenger may be covered by a larger liability policy from the rideshare company.
Determining liability and insurance coverage based on app status can take time, and introducing extra layers of coverage can complicate things.
2. More Than One Insurance Company May Be Involved
Very often, rideshare claims involve multiple parties. Depending on the app status, you could be dealing with a combination of the rideshare driver’s personal insurance, the rideshare company’s insurance, and your own personal insurance all pointing fingers and disputing fault.
When more insurance companies are involved, the claims process becomes more complex and time-intensive from beginning to end.
3. Fault May Take Time to Sort Out
No claim can move forward without clearly establishing who is liable. Liability involves showing that at least one party had a duty of care for the other drivers involved, that they failed that duty, and that this failure caused tangible financial and physical losses to others.
Unfortunately, liability can take a while to establish. Evidence must be lined up, and the opposing party may dispute the evidence. Adding even more complexity to the process, Nevada has a modified comparative negligence policy. This means that even if a party is partially at fault, they can still collect damages, as long as their degree of fault does not exceed 50%. Under this policy, damages are reduced by a percentage of fault. So if you are deemed to be 20% at fault for the crash, and your damages total $10,000, your damages would be reduced by $2,000, for a total collection of $8,000.
Under this modified comparative negligence policy, insurers are very eager to push fault onto the other party to reduce how much they have to pay. This can lead to back-and-forth arguments that draw out the claims process.
4. Rideshare Companies Can Function Like a Bureaucracy
Uber and Lyft are large companies with dedicated claims teams. They have their own forms and processes. They may request information that has already been requested because they can’t deviate from their established internal processes. This can make the whole process seem rigid and slow.
5. Serious Claims Get Serious Scrutiny
Because commercial rideshare policies carry higher maximum payouts (often as much as $1 million), insurance companies will be very thorough in their investigation. They may dive deep into your medical history, trying to show that you have a pre-existing condition that contributed to your injuries. This thorough investigation can add a lot of extra time to the process.
How to Expedite Your Claim and Protect Its Value
Even though these claims are slow, you don’t have to just sit and wait. Take these steps to improve the outcome of your case:
- Get the rideshare driver’s name, insurance, license plate, and app/company info. Exchange information at the scene. Take photos if possible so that you avoid possibly writing something down wrong.
- Take screenshots of the app. Don’t close the rideshare app. Screenshot the in-app information before touching anything else. Also, save your emailed trip receipt to prove that you were a passenger.
- File a police report and take photos of injuries, car damage, and the crash scene. Document as much as you can to help piece together the full picture of what happened in the accident.
- Seek medical care right away. Get evaluated by a medical professional as soon as possible, whether at an emergency room or urgent care clinic. Spinal and head injuries may not show up immediately but can be dangerous. Quick medical attention can make all the difference in helping your body heal. Get all recommended tests. These tests can prove that your injuries are related to the accident, not a previous accident or pre-existing condition. Testing can also show the extent of your injury, which is helpful for putting a dollar amount on your physical damages.
- Follow your treatment plan. If your doctor recommends ongoing care, trust them and stick with the plan. Gaps in treatment can make it harder to show the full impact of your injuries.
- Save medical bills and records. A paper trail helps show what the accident has cost you.
- Save all insurance emails, texts, and letters. Again, create a paper trail with every piece of communication that you receive until your case is closed.
- Avoid guessing or giving recorded statements without advice. Remember, anything you say can become evidence. Stick to documented facts as much as possible. If you’re working with a car accident injury lawyer, they can interface with the insurance companies, taking stress off of you and making sure that communications work in your favor.
- Don’t post about the crash or injuries online. It’s common to share everything on social media these days, but again, less is more. Sharing too much online may work against your case.
- Check in. Be proactive in checking in with the insurance adjuster and other team members working on your claim. Don’t be pushy or make demands, but do be persistent.
How an Attorney Can Help After an Uber or Lyft Accident
Because rideshare accidents can be complex, it’s smart to enlist an expert. An attorney can provide the help you need. They can connect you with medical experts, deal with multiple insurers and the rideshare company, and help you understand whether to accept a settlement offer or press for more. They can be your personal advocate in this challenging process, freeing up your time and energy.
A rideshare accident can interrupt your life in unexpected and frustrating ways, but taking the right steps and getting the right help can get your life back on track as quickly as possible.