Back in the day, when you needed a lift, you could hail a taxi. To score a ride, you needed a strong whistle. It also helped to have an actual taxi drive by where you were standing on the curb. Today, a rideshare is just a click away through a smartphone.
At last count, there are around 12,600 rideshare drivers roaming the streets of Portland waiting for their next summons.
Just like every other Portland driver, rideshare operators are susceptible to accidents.
There are many possible accident scenarios that could play out where an injury or property damage could occur. If a vehicle crashes into a rideshare car, the passenger might be injured. If the rideshare car collides with another vehicle, the driver could be held accountable, but so could the company they work for.
Yes, a car accident with a rideshare vehicle can get complicated… fast.
Fortunately, you can get support from an experienced Portland car accident lawyer to help untangle the legal and insurance issues related to a rideshare accident.
Rideshare Insurance Tiers
If you get into an accident caused by a rideshare driver, the first issue to determine is whether they are on the clock or not. That will be the deciding factor in which insurance carrier you need to file a claim against.
These are the insurance tiers based on driver status that can impact your claim:
App Offline
If the rideshare driver is in their car but the company app is offline, then the rideshare company’s insurance does not apply. That is when the driver’s personal auto insurance covers the damages. If they are driving for a rideshare company, they have to have their personal auto insurance up to date.
This is what Oregon mandates for drivers:
Bodily injury and property damage liability
- $25,000 per person
- $50,000 per crash for bodily injury to others
- $20,000 per crash for damage to others’ property
Personal injury protection
- $15,000 per person
Uninsured motorist
- $25,000 per person
- $50,000 per crash for bodily injury
App On (No Ride Accepted)
When a rideshare driver is “on the clock,” they are active in between fares. Once they turn on the company app, they are covered by the company’s contingent liability coverage.
That coverage can be the following:
- $50,000 per injured person
- $100,000 per accident
- $25,000 for property damage
Ride Accepted or Passenger Onboard
When a rideshare driver accepts a job, or there is a passenger on board, Uber and Lyft’s $1 million combined single limit bodily injury, property damage, and Uninsured/Underinsured Motorist (UM/UIM) liability policies become the primary policies to file a claim against.
As if that wasn’t complicated enough, you also have Oregon’s modified comparative negligence policy. That allows you to seek compensation even if you are found partially at fault for the accident, provided that your fault isn’t more than 50%. If you are assigned a percentage of blame, your final settlement will be reduced by that amount.
Legal Options for Pursuing a Rideshare Accident Claim
If you are injured in an accident involving a rideshare vehicle in Portland, there are several options to pursue for compensation:
- Filing a Third-Party Claim: If you were a rideshare passenger and another driver crashed into that car, causing you harm, your claim would be against that at-fault driver’s personal injury policy. The rideshare company won’t be part of that claim.
- Filing a Rideshare Claim: If you are a passenger and the rideshare driver caused the crash, you can pursue damages through Uber or Lyft’s $1 million policy.
- Uninsured Motorist Claims (UM/UIM): If you are a passenger in a rideshare and the at-fault driver who crashes into the car flees the scene or does not have adequate insurance, you can utilize the rideshare company’s UM/UIM policy or your own personal auto insurance to compensate for damages.
Determining Liability in Multi-Party Rideshare Collisions
Before you file a claim, you have to clearly establish who is at fault. Insurance adjusters will conduct a thorough investigation to minimize the company’s exposure. You also need to conduct your own investigation. That is where the support of an experienced attorney can be a big help.
Your attorney will be able to collect the following information on your behalf:
- Police Reports
- App Data Logs
- Black Box / Telematics Data
- Witness Statements
- Traffic Camera Surveillance Footage
In addition to collecting evidence about who is at fault in the accident, you also need to provide proof of your damages. That will mean copies of your medical records, lost wages, and evidence of your pain and suffering.
Why You Need a Local Attorney for Your Rideshare Case
Rideshares are a convenient way to get around Portland. The majority of those rides are accomplished without incident.
When a crash is caused by a rideshare driver, you are entitled to treat them as an employee of a company that is required to carry significant liability insurance. Locking in a settlement with those companies is the challenge that the legal team at Dozier Law Group can support.
We have extensive knowledge of how rideshare companies operate and their insurance obligations. Our team is familiar with Portland’s roads, local courts, and the insurance companies that regularly handle Uber and Lyft claims. We can help to clearly establish who is at fault and who should pay for your losses.
If you were injured in an Uber or Lyft accident, don’t leave your claim to chance.
Contact Dozier Law Group today. We’ll be able to discuss the merits of your claim and explain your legal options. You owe it to yourself and your family to get the right answers.