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I Was Injured in a Rideshare– Who Pays for my Injuries?

Rideshare companies provide a service today that assists us in getting from Point A to Point B and beyond, for a reasonable price and usually on time. If you have been injured in a rideshare vehicle, it is not unusual for you to wonder what to do next, based on the structure and setup of the rideshare agreement. It’s confusing!

A Rideshare Driver is Not an Employee

First, it is important for you to understand that your rideshare driver is not technically an employee of the company he or she does rideshares for, during that driver’s shift or otherwise. For example, if a rideshare driver is using his own car (as he usually uses), then that person needs to have insurance on that vehicle to protect him from any losses that he has while driving that car. If you are injured in a rideshare vehicle, that driver’s insurance coverage will be applied to taking care of your passenger injuries and medical bills. There is only one catch: if that rideshare driver’s insurance has an exclusion for “livery” (think taxi) driving services, then there may not be any coverage for managing your medical bills in that case.

The Unsung Livery Exclusion on an Auto Insurance Policy

If you interviewed 100 people on the street right now and asked them to describe the basics of how an auto insurance policy works, there is a good bet that 99 out of the 100 will be able to tell you the facts. Said another way, most people understand that with auto insurance there are only a few easy steps to gaining coverage for your automobile. Here are the steps to covering your automobile with insurance while driving on the road:

  • Talk to an insurance agent about coverages for your automobile.
  • Agree to a premium for paying for the coverage.
  • Read over the policy, agree to the terms and sign on the dotted line.
  • Once coverages are confirmed and the policy is approved, pay the premiums to the insurance company.
  • Congratulations, your automobile is covered for an automobile loss, if it were ever to occur.

This sounds easy enough, correct? Well, what about a small matter of any exclusions on how you are going to be using your vehicle on the roads, and whether there are any exclusions that will prevent you from having any coverage in the event of a loss.

Remember the section where you need to agree to the policy terms? Well, in this section, many auto liability insurance policies will specifically declare that if you use your vehicle for taxi service or the fancy name “rideshare” services, that there is no coverage for this type of activity. This business use exception may prevent coverage, but that is not the end of the story.

Rideshare Companies Cover Their Driver’s Vehicles with Third Party Liability Coverage

There is good news in these cases. The rideshare companies usually cover their drivers with third party liability insurance coverage that will pay up to $1 million for personal injuries and property damage (per accident), which applies after the rideshare driver’s own insurance is tapped into first.

It Matters Who Is at Fault for the Loss or Accident

When you are injured by your driver’s negligence in a rideshare, that driver’s insurance will help pay for your losses. If you are injured in rideshare and the driver of your rideshare is not at fault, you will need to pursue getting reimbursement from the other at fault driver’s insurance company. If that other driver is hostile, has not covered his vehicle for the type of loss you incurred, or will not respond to you and has no insurance, you will need the help of a knowledgeable attorney in this case. You can just give us a call at Sarofiem & Antoun LLC we are here for you and will give you peace of mind. We know how to handle claims against hostile drivers who are at fault for accidents, and will work hard to get the money that you deserve for your losses.

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