Charlotte Personal Injury Attorney Matt Arnold answers the question: ” What should I do if I’m injured as a passenger in a car accident?”
For millions of North Carolinians, ridesharing has become one of the most popular methods of travel. People in North Carolina and elsewhere in the United States rely on ridesharing apps such as Uber and Lyft to commute and get around the city.
While ridesharing is a convenient and cost-effective means of transportation, accidents involving Uber and Lyft do happen. When they do, determining liability can be tough, not to mention that it can be tricky to seek compensation directly from the rideshare company’s insurance carrier.
If you were hurt in an Uber or Lyft crash in Charlotte or other parts of North Carolina, do not hesitate to contact a skilled ridesharing accident attorney.
How can You Obtain Compensation After a Ridesharing Crash?
Seeking compensation following a ridesharing accident in North Carolina can be tricky. While ride-hailing companies such as Uber and Lyft are required by law to carry liability policy covering anyone injured in car crashes involving their vehicles, the process of obtaining compensation is complicated due to many requirements and exceptions.
The circumstances surrounding a ridesharing accident play a fundamental role in determining whether or not the driver and passenger are covered under the rideshare company’s insurance policy.
In most cases if the Uber or Lyft driver was on duty and carrying a passenger at the time of the collision, both the driver and the passenger will most likely be able to obtain compensation from the company’s insurance carrier. Compensation may not be available if:
- The rideshare driver was not on duty at the time of the accident;
- The Uber or Lyft driver was not logged into the ridesharing app; or
The driver was on duty but has not accepted a ride (the rideshare company would likely provide coverage to the driver if their personal auto insurance is not sufficient to cover their damages);
In the first two scenarios, the injured passenger can likely obtain compensation through the driver’s personal car insurance policy. If you need legal assistance in determining the appropriate insurance coverage or establishing fault after a ridesharing accident, schedule a consultation with an experienced ridesharing accident attorney in North Carolina.
Can You Sue Uber or Lyft for Your Personal Injury in a Ridesharing Accident?
Unfortunately, filing a personal injury lawsuit against a rideshare company may be complicated by the fact that their drivers are not classified as employees. Instead, Uber and Lyft classify their drivers as independent contractors. In other words, a ridesharing company can attempt to avoid liability by stating that they cannot be responsible for their independent contractors’ negligence.
However, you may still be able to seek compensation through the ridesharing company’s liability insurance. For example, Uber provides $1.5 million in liability coverage. Also, your crash involving Uber or Lyft could also be caused by negligence on the part of another driver. However, keep in mind that since North Carolina follows the doctrine of contributory negligence, the injured party cannot recover any damages if they were partially at fault.
Speak with our attorneys at Arnold & Smith, PLLC, to discuss liability in your ridesharing accident and determine the appropriate insurance coverage in your case. Call (704) 370-2828 to receive a video or phone consultation with our lawyers to explore your legal options or fill out our contact form. Now taking cases throughout North Carolina with offices in Uptown Charlotte, Mooresville and Monroe.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
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