Filing an Uninsured Motorist Claim After a Rideshare Accident

Ridesharing has grown popular over the last ten years, giving convenient transportation in cities nationwide. However, some rideshare drivers lack adequate insurance, potentially leaving riders unprotected if crashes happen. When underinsured or uninsured rideshare drivers cause accidents and injuries, victims might be eligible to file uninsured motorist claims and receive compensation for harm done.

What is Uninsured Motorist Coverage?

Uninsured motorist coverage (UM) is a type of car insurance protection required in most states. It covers injuries and damages that you incur when another driver who doesn’t have auto insurance or who has inadequate coverage causes an accident.

UM coverage steps in when the at-fault driver has:

• No liability insurance
• Not enough liability coverage to pay for your total losses
• Unknown insurance or fled the scene

This coverage is important because it protects you when an uninsured driver hits your vehicle. Around 13% of drivers in the United States are uninsured, so there’s a real risk of being hit by one.

UM coverage also applies if you’re the passenger in someone else’s vehicle that gets hit by an uninsured driver. This includes rideshares and taxis. The UM protection from the rideshare vehicle would apply to you as the passenger.

Uninsured motorist coverage will pay for your medical bills, lost wages, and other accident-related expenses up to the limits of your policy, which are usually matched to your liability limits. For example, if you have 100/300/100 liability coverage (100k per person, 300k per accident, 100k property damage), then your uninsured motorist bodily injury coverage would also be 100/300k.

It’s important to carry higher UM limits, if possible, as the minimum required amounts may not be enough to fully cover major injuries or permanent disabilities resulting from a serious accident. Umbrella insurance policies can provide additional uninsured motorist coverage beyond the limits of your primary auto policy as well.

UM coverage will also provide you with legal and claim-handling assistance. The insurer’s claims adjusters will investigate the accident, confirm the other driver was uninsured, and handle negotiations and settlement discussions on your behalf. This can relieve the burden on you as the claimant.

Additionally, uninsured motorist coverage applies regardless of who was at fault in the accident. So, even if you caused the crash, your UM insurer must cover your losses per the policy terms. This no-fault aspect provides important protection that you wouldn’t get suing the uninsured driver directly in some states that have contributory negligence laws.

How to File an Uninsured Motorist Claim

If you’ve been injured as a rideshare passenger and the at-fault driver was uninsured, follow these key steps:

Notify the Rideshare Company

• Alert Uber, Lyft or whichever firm you used about the accident right away. They will need the driver’s details and information about what happened.

Get a Police Report

• Have the police come to the crash scene and file an official report. This helps establish fault and serves as key evidence for your uninsured motorist claim.

Seek Medical Attention

• Get medical treatment for any injuries sustained, even if they seem minor at first. Thoroughly document your injuries to support your claim.

Collect Evidence

• Gather information about the accident, including photos of damage, witness statements, dash cam or other video footage, and contact info for everyone involved.

Review Insurance Policies

• Check the rideshare driver’s insurance coverage and your own uninsured motorist coverage. Compare policies to see which provides the better payout.

Submit a Claim to the At-Fault Driver

• Although they likely don’t have adequate insurance, submit a claim to their provider anyway. Any settlement received gets deducted from your UM claim payout.

File the UM Claim

• Submit the uninsured motor claim to the rideshare company’s insurer or your own UM insurer, depending on which offers better coverage. Provide all evidence and demand full compensation.

Negotiate the Settlement

• You may have to negotiate with adjusters to get a fair uninsured motorist settlement. If you can’t get an adequate offer, consult with a personal injury attorney.

How Much Can I Recover?

The amount of compensation available through an uninsured motorist claim often equals what you’d receive by suing the at-fault driver. This includes coverage for:

• Medical bills from accident-related injuries
• Lost wages from missing work during recovery
• Reduced earning capacity if disabled
• Pain and suffering damages
• Car repair or replacement costs
• Rideshare expenses to/from medical appointments

The settlement amount depends on the severity of your injuries, length of treatment, permanent effects, out-of-pocket expenses, policy limits, and state laws. Hiring an attorney can often maximize your payout.

Why Do I Need UM Coverage for Ridesharing?

Rideshare drivers must carry some liability insurance, but there are coverage gaps and limitations:

• There may only be a minimum required limit of $50,000 per person. This may not be enough if you have extensive injuries.
• There is no coverage during Period 1, when the app is on, but no passenger has been picked up yet. You’re not covered if you are hit during this period.
• Driver’s personal policy may exclude coverage for rideshare driving.

That’s why uninsured motorist coverage is so important. It protects you when the rideshare driver’s insurance is insufficient. Make sure you have adequate UM limits when regularly using rideshares.

Watch Out for Time Limitations

Most states have a time limit, known as the statute of limitations, on how long you have to file an uninsured motorist claim after an accident. It ranges from 1 to 6 years, depending on your state’s laws. Don’t delay in starting your claim or you could be barred from compensation.

Hire a Lawyer for Help

Pursuing an uninsured motorist claim can be complex, especially when rideshares are involved. Insurance companies don’t make the process easy. Consider hiring an experienced personal injury attorney to handle your claim. They can deal with the insurers and maximize your payout.

If you or a loved one has been injured in a rideshare accident caused by an uninsured or underinsured driver, contact our law firm for a free case review. Our dedicated legal team has helped many accident victims recover the compensation they deserve when other drivers don’t have adequate insurance.

Visit our office at 917 Broadway St, Myrtle Beach, SC 29577.

Or call now for a free consultation on (843) 839-4795.