As ridesharing services – primarily Uber and Lyft – have grown in popularity in Las Vegas and across Nevada, accidents involving ridesharing drivers have increased as well. Passengers, other motorists, and pedestrians injured in ridesharing accidents often encounter insurers trying to deny liability and complex explanations of who might eventually pay for their injuries.
The rideshare accident lawyers of Sam & Ash, LLP in Las Vegas can help if you’ve been injured in a collision involving an Uber or Lyft driver or another rideshare service. We stay ahead of the complicated liability questions raised by ridesharing service accidents and the legislation enacted in Nevada to regulate the services.
We can help you file an Uber accident claim or Lyft accident claim and seek the compensation you are due after a ridesharing accident. You deserve What’s Right. Call us for a free consultation 24/7.
Liability for Nevada Ridesharing Accidents
Among the contentious issues of the new gig economy are the rights of workers and the employers’ responsibilities for their workers. Normally, a company can be held accountable for the actions of its employees while on the job. This includes holding employers of commercial drivers (such as truck drivers) liable when their drivers cause accidents.
But Uber and Lyft maintain that their ridesharing drivers are independent contractors, not employees, and therefore the liability of the companies in accident claims is limited. In fact, the liability of the company depends on what the ridesharing driver was doing when the crash occurred.
Nevada law defining “transportation network company(s)” has established three periods and levels of liability in an accident:
- The driver’s Uber/Lyft app was off. The company will maintain that the driver was not operating the vehicle for the ridesharing company, so the driver’s personal auto liability insurance should cover the accident if the driver was at fault.
Each company requires its drivers to carry the minimum liability coverage required, which in Nevada is $25,000 for bodily injury or death of one person in any one accident; $50,000 for bodily injury or death of two or more persons in any one accident; and $20,000 for injury to or destruction of property of others in any one accident.
- The driver had the Uber/Lyft app on and was waiting to be sent to pick up passengers. Uber and Lyft will provide contingent liability insurance if the accident occurred while the driver had the app turned on. This means the ridesharing company’s insurance will pay for losses beyond what the driver’s own auto liability insurance pays.
Uber and Lyft’s contingent liability insurance provides up to $50,000 for injury or death, $100,000 per accident, and up to $25,000 for property damage.
- The driver has been dispatched by the Uber/Lyft app to pick up a passenger. Uber and Lyft will cover an accident from the moment of dispatch until passengers get out of the vehicle. Coverage available may be as much a $1 million per person per accident, with a maximum of $2 million for all passengers, as well as collision and comprehensive coverage up to the vehicle’s cash value or cost of repair (with a $2,500 deductible). The companies also maintain uninsured and underinsured motorist (UM/UIM) coverage, which applies if another driver is at fault and is uninsured or does not have sufficient insurance. UM/UIM coverage also will cover hit-and-run accidents.
In each of the scenarios above, someone other than the individual bringing the claim must have been at fault for the accident for liability insurance to payout. For example, if an Uber driver was negligent and caused the accident, someone injured in the crash including a passenger in the ridesharing vehicle may have a right to file an Uber accident claim, seeking compensation.
Can I File a Lawsuit Directly Against Uber or Lyft for My Accident?
A car accident injury claim is paid through the applicable insurance coverage. Because Nevada is an at-fault state, you must be able to prove who caused the crash. The at-fault party pays for the losses suffered by others in the accident through their insurance.
In many ride-sharing accidents, there is more than one responsible, or legally liable, party. Typically, a ridesharing accident claim will seek compensation from the insurance held by the driver of the rideshare vehicle, as well as from the ridesharing company itself. As your attorneys, Sam & Ash will identify all the potentially liable parties in the ridesharing accident. We’ll file ridesharing injury claims with the responsible insurers and pursue the maximum amount of compensation available to help you recover from the accident
Other parties potentially liable in an Uber or Lyft accident include:
- Another driver who caused or contributed to the accident and that driver’s employer, if that driver was on the job
- The manufacturer of the vehicle if a defective part or system of the vehicle caused or contributed to the accident
- The mechanic or garage that last serviced the vehicle if their negligent work caused an issue that led to the accident
A claim would outline all of your losses, including demands for compensation for your:
- Medical expenses
- Lost wages and/or diminished earning capacity
- Property damage (to your vehicle)
- Pain and suffering
If the insurer denies the claim or refuses to agree to an acceptable settlement, we can file a formal lawsuit and be prepared to demonstrate in court that you were owed compensation. Most car accident claims including ridesharing accident claims are settled outside of court. Companies like Uber and Lyft generally want to avoid the publicity generated by a personal injury lawsuit.
Contact an Experienced Las Vegas Lyft / Uber Accident Lawyer
If you have been injured in a rideshare accident in Nevada, contact an attorney experienced with car accidents and rideshare claims. At Sam & Ash, LLP, we put our years of experience as personal injury attorneys to work doing What’s Right for people like you. We’re here 24/7 to answer your questions and get started investigating your claim.
Call us today or contact us online for a free review of your accident and the available legal options. We’ll develop a plan that fits your specific needs and fight to recover the maximum compensation possible for your losses.