Who Do I Sue in a Rideshare Accident?

Rideshare is very popular these days. Often, it’s a good idea to call an Uber or Lyft. When you’ve had a few drinks and need a safe ride home, it’s the smart move. It’s a responsible choice that helps prevent drunk driving incidents and keeps our roads safer. Many of us also use rideshares for everyday use, which isn’t wrong; however, it’s crucial to recognize that rideshares, like any other service, come with certain risks attached. If you are injured in an accident with a rideshare or as a passenger of one, filing a claim is a good idea, but who do you file it against?

Back in September, a 28-year-old man was killed in North Phoenix while he was traveling in a rideshare vehicle. According to AZ Central, a second car ran a red light and hit the rideshare. Barring any other details that may not have been released to the public, the liable party here appears to be the red-light runner – but that isn’t always the case. In November last year, a rideshare vehicle crashed into a DPS vehicle, injuring bystanders and killing the rideshare passenger. Back in 2018, a self-driving Uber hit and killed a pedestrian in Tempe; the backup driver in that vehicle just pled guilty to endangerment this year.

Who is liable for my injuries from a rideshare accident?

If you are in an accident with a rideshare driver, and you believe that you have grounds for a lawsuit, there are several potential parties you could sue, depending on the circumstances of the accident.

Some parties that might be held liable in a ridesharing accident lawsuit include:

• Rideshare driver: In many cases, the rideshare driver may be at fault for the accident. Rideshare drivers are typically classified as independent contractors rather than employees by rideshare companies like Uber and Lyft. As independent contractors, that means they are generally seen as liable in many situations where there is a rideshare accident. If the driver’s negligence, recklessness, or misconduct caused the accident, you could potentially file a lawsuit against them, or have them a part of a larger lawsuit against multiple parties. This would typically involve seeking damages from the driver’s personal auto insurance policy.
• Rideshare company: Rideshare companies like Uber and Lyft have faced lawsuits related to accidents involving their drivers. You might have a claim against the rideshare company if their driver’s actions or the company’s policies contributed to the accident. In some cases, rideshare companies have been held liable for accidents caused by drivers they hire.
• Other drivers: If another driver on the road was responsible for the accident, you may have a lawsuit against that driver. This would be a typical personal injury claim against the at-fault driver’s insurance.
• Vehicle manufacturers: If the accident was caused by a defect in the rideshare vehicle itself, you might have a product liability claim against the vehicle manufacturer or a component manufacturer.
• Passengers in your vehicle: If another passenger in the ridesharing vehicle behaved recklessly or contributed to the accident in some way, you might have a claim against them. However, this can be more challenging to prove.
• Third parties: There could be other third parties, such as road maintenance companies or construction contractors, whose actions or negligence contributed to the accident. Depending on the circumstances, you might have a claim against these entities.

The details of your accident and the insurance stuff can make a big difference in your ability to file a lawsuit, and how things might turn out in court. To figure out who to file a claim against and how to do it right, it’s a smart move to chat with a seasoned personal injury lawyer. They can dive into your case, round up the evidence you need, and guide you through the legal maze if a lawsuit is on the table. Plus, the insurance coverage and policies of the rideshare company can also come into play, so having an attorney who’s in the know about rideshare accidents is key.

What other circumstances would make the rideshare company liable?

Holding a rideshare company liable for your accident depends on the specific circumstances of the accident and Arizona law. In general, you may be able to hold the rideshare company liable under certain conditions:

• Driver’s negligence: If the rideshare driver’s negligence, such as reckless driving or violating traffic laws, directly caused the accident, you may have a legal claim against both the driver and the rideshare company. Rideshare companies typically have insurance policies that cover accidents caused by their drivers.
• Driver’s lack of insurance: If the rideshare driver is uninsured or underinsured, and their insurance coverage doesn’t adequately compensate you for your injuries and damages, the rideshare company’s insurance policy may come into play. In many cases, rideshare companies provide additional coverage to their drivers when they are actively working on a ride. This seems to be the case for both Uber and Lyft.
• Defective vehicle: If the rideshare company’s vehicle used for your ride was defective, and this defect directly contributed to the accident, you may have a claim against the rideshare company. However, this situation is less common and often involves product liability claims against the vehicle manufacturer.
• Negligent hiring or supervision: If the rideshare company failed to properly vet or supervise their drivers, and this negligence led to the accident, you may have a claim based on the rideshare company’s liability for hiring or supervisory practices.
• Third-party liability: In some cases, other third parties, such as road maintenance companies or other drivers, may share liability for the accident. Your ability to hold the rideshare company liable may depend on the extent to which these third parties are responsible.

It’s important to note that rideshare companies typically have insurance policies that provide coverage when a driver is actively engaged in a ride, either with a passenger in the vehicle or en route to pick up a passenger. These policies are often referred to as contingent liability coverage. AIS Insurance has this to say about contingent liability coverage in rideshare vehicles:

Uber and Lyft provide contingent liability when the app is turned on and waiting to accept a ride. This means their liability responds in the event that your personal insurance doesn’t.  However, be aware that Uber and Lyft provide limited liability coverage, providing only $50,000 bodily injury per person, $100,000 bodily injury maximum limit per accident and $25,000 property damage.

Rideshare companies do their best to avoid being held liable for accidents their drivers get into, though certain insurance policies are in place that either support their driver during a third-party claim, or policies that help to keep the blame off the company. The driver in fact may be the major liable party, but being able to prove that the company also holds some liability will help ensure that you get the most compensation possible as the rideshare driver certainly does not have as much money as the company does.

That is why you need a Phoenix car accident attorney who has years of experience in handling rideshare accidents. At Plattner Verderame P.C., our attorneys have helped many clients find justice and financial restitution for the injuries they have suffered from a rideshare accident. We understand the intricacies of the companies’ insurance and coverage, and what is the best way to hold them and any other liable parties responsible. Don’t hesitate to call us or contact us today. We offer free consultations, and we operate on a contingency fee basis, meaning our fees are contingent upon your successful outcome. Your victory is our victory. We have offices in Phoenix and Tempe.