Knowing where to turn for compensation after a rideshare accident is often challenging. Rideshare companies go to great lengths to protect themselves from liability. Unfortunately, this can make it difficult to get the money you need after a crash. However, securing the services of an experienced rideshare accident attorney in Lebanon will significantly increase your odds.
At the law offices of Vaughan & Vaughan, we have a reputation for winning big for our clients. We have been helping Indiana accident victims recover fair compensation for their losses for over 100 years. Reach out today by phone or through our website to schedule a free case review with one of our Lebanon personal injury lawyers.
Liability in a Rideshare Accident
Figuring out who you can recover compensation from after an accident where a rideshare driver was involved can be challenging. If a party other than the rideshare driver was at fault for the accident, you can pursue compensation directly from them or their insurer.
However, if the rideshare driver was to blame, your avenue for recovering damages will vary depending on several factors. Rideshare companies classify their drivers as independent contractors in an effort to limit their liability and avoid paying their drivers benefits they would be entitled to receive if they were employees.
As part of the arrangements between the major rideshare companies and their drivers, the driver must carry their own insurance policy that will serve as the first option for recovering damages. Beyond that, the option of pursuing damages from the rideshare company will depend on the driver’s status at the time of the crash.
Not Logged Into the App
If the rideshare driver is not logged into the rideshare app at the time of the crash, the rideshare company holds no responsibility for the accident. In this case, you can pursue compensation from the driver’s insurance, and if your damages exceed their coverage limits, you can attempt to collect compensation from them directly.
Logged Into the App But Have Not Accepted a Ride
When the rideshare driver is logged into the app but has yet to accept a ride, the company has limited liability for any accident. While your first option for pursuing damages will still be to file an insurance claim with the driver’s provider, you can file an additional claim with the insurer for the rideshare company if your damages exceed their coverage limits.
However, the amount you can recover from the rideshare company in this situation is extremely limited, and a major accident may require that you file a lawsuit to recover the full amount to which you are entitled.
Logged Into the App and Accepted a Ride
If the at-fault driver is logged into the rideshare app and has accepted a ride, the full insurance policy of the rideshare company is activated. It does not matter whether the driver has picked up the passenger or is on their way to the pickup point. For the major rideshare companies of Lyft and Uber, the full insurance policy can compensate accident victims up to $1,000,000.
However, even in this situation, your first source for collecting damages will be the driver’s insurance.
File Your Rideshare Accident Lawsuit Before Time Runs Out
When attempting to recover compensation through a lawsuit after sustaining damages in a rideshare accident, it is essential that you pay attention to the filing deadline. In Indiana, the personal injury statute of limitations gives injury victims up to two years to file a lawsuit against the liable party. Missing this deadline will likely mean the loss of your right to claim damages.
However, you should still consult an attorney even if the standard two-year cutoff has passed. The details of your case may permit you to file a lawsuit beyond the standard two-year deadline. Of course, the details of your case could also shift the filing deadline in the other direction, leaving you with far less time to file.
Talking to an experienced Lebanon rideshare accident lawyer shortly after your accident is the best way to ensure you don’t lose your right to claim damages because of an unexpected deadline. Your lawyer will identify if any special circumstances apply to your case and ensure all the required paperwork is prepared and filed well ahead of the cutoff date.
Damages You Can Recover After a Rideshare Accident
After suffering an injury in a rideshare accident, you will likely be eligible to pursue several types of damages. To recover the full value of your claim, it is critical that you identify all the damages that apply. An experienced rideshare accident lawyer in Lebanon can help ensure you recover the money you need through a court ruling or an out-of-court settlement.
All available damages in a rideshare accident case are sorted into one of three primary categories.
All of the losses caused by your rideshare accident that directly affected your financial standing belong in the category of economic damages. Determining the value of these damages is typically pretty straightforward since they are all monetary losses. Following a rideshare accident, the economic damages most often claimed include:
- Lost wages
- Lowered earning ability
- Property damage
- Money used to perform daily tasks you can no longer complete yourself
- Medical bills
- Future medical costs
Every other loss resulting from your accident belongs in the diverse category of non-economic damages. Since these are losses of a personal nature rather than financial, calculating their value can be a challenging task. Following a rideshare accident, the non-economic damages most often claimed include:
- Decreased quality of life
- Pain and suffering
- Emotional distress
- Loss of companionship
- Loss of consortium
- Permanent disability
- Mental anguish
Punitive damages are significantly different from economic and non-economic damages. While the above damages are used to replace losses suffered by an accident victim, punitive damages are assessed as a means of punishing the at-fault party.
Punitive damages are only awarded in extreme cases where your damages were the result of criminal negligence or an intentional act.
Hire an Experienced Rideshare Accident Lawyer in Lebanon Today
The best thing you can do to improve your chances of recovering the money you need after a rideshare accident is to hire an experienced attorney. At Vaughan & Vaughan, we have helped countless injury victims recover the compensation they need and deserve from those liable for their damages.
Contact us today by phone or through our website and schedule a free case consultation with one of our experienced Lebanon rideshare accident lawyers.