What Rideshare Drivers Need to Know After an Accident: Legal Rights, Support, and Staying on the Road
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What Rideshare Drivers Need to Know After an Accident: Legal Rights, Support, and Staying on the Road

Working as a rideshare driver gives you the chance to set your own hours and make a significant amount of income, but it has its challenges. If you’re in a car accident and suffer injuries and property loss, you won’t be on the road making that money. On top of that, you’ll have medical and repair bills to cover.

Understanding your rights as a rideshare driver is essential after a collision. Getting assistance from professional driver accident support services gives you the chance to address your losses so that you can get back on the road and back to making the income you depend on. Learn more about what rideshare drivers should know regarding crashes.

Understanding Auto Insurance for Rideshare Drivers

Auto insurance is complicated enough, but when you work as a rideshare driver, the difficulties increase. Your personal auto insurance doesn’t cover your vehicle when you’re officially working for a ridesharing service. This leaves gaps in your coverage that could cause serious problems in the event of an accident.

Most people who work in this industry carry rideshare insurance. It’s a type of specialized commercial insurance designed for people who work as rideshare drivers and addresses the gap between your personal insurance and the coverage that the ridesharing company offers. The company’s insurance provides only limited coverage when you’re not actively driving someone to their destination and the ridesharing app is on.

If you get into an accident as you’re waiting for a ride request, you may not have the level of coverage from the company that you need to address all of your losses. This would be when rideshare insurance kicks in. You can add it to your personal insurance, creating hybrid policies that offer the support you need if you’re driving commercially with your personal vehicle.

What if You Have a Passenger in the Car During a Rideshare Accident?

What coverage do you have if there’s a passenger in the vehicle during the accident? The company you work for will address these losses with comprehensive commercial insurance.

Typically, this includes coverage for property damage and injuries to riders and passengers, though the exact amount can vary. This insurance will usually only cover repairs up to the car’s actual cash value, but it kicks in no matter what party is at fault.

Can Rideshare Drivers Get Workers’ Compensation?

In most states in the country, recovering workers’ compensation if you work for a ridesharing company isn’t possible because you are technically an independent contractor. In New York, however, a law passed in 2019 requires these companies to offer workers’ compensation coverage to their drivers.

Although this is the law in New York, actually being able to receive compensation can be challenging. First, you must be able to demonstrate that the accident occurred during very specific moments, including:

  • Having the app on and waiting for a ride
  • Accepting a ride request with no passenger in the car
  • During an active ride (passenger is in the car)

Workers’ compensation is a no-fault system, so you can still recover your losses if you were at fault for the crash.

What Does Workers’ Compensation for Rideshare Drivers Cover?

Workers’ compensation for rideshare drivers covers a variety of losses, beginning with your medical needs. You may have suffered a significant injury that requires hospital stays or rehabilitation, and this compensation can address these.

If you can’t return to work for days or weeks because of the injuries, you can also receive wage replacement. You can receive permanent partial or total disability wage replacement, too, if you can’t return to work because of the severity of your injuries.

If you need to work in another industry and require training, those expenses can also be covered via vocational rehabilitation. In the most severe instances, when a rideshare driver dies in a crash, family members can receive death benefits, including coverage for funeral expenses.

Third-Party Claims

Although New York is a no-fault state for motor vehicle accidents, you can step outside of these laws if you suffer severe injuries. If another driver was responsible for the crash, you can file a personal injury claim against them.

You will have to demonstrate that the other party owed you a duty of care that they breached and that their conduct directly caused losses for which you can be compensated. In New York, you can be partly responsible for the accident because the state follows pure comparative negligence laws.

Even if you’re 99% responsible for the crash, you can still file a claim. Your compensation, however, will be reduced by your percentage of fault.

Economic Damages Available in Personal Injury Claims

In a personal injury claim, you can receive economic and non-economic damages, which are different from what you would get from a workers’ compensation claim. Economic damages cover medical expenses, including hospital stays, rehabilitation costs, and even changes you may need to make to your home or vehicle as a result of a disability.

If you suffer catastrophic injuries, you may also need ongoing medical care. You might require occupational therapy or nursing care for months or even years. Economic damages address these needs.

Suffering a serious injury or property loss that leaves you unable to work means losing income. It can take days before you can have your car repaired or replaced. If you missed out on income, you can claim lost wages.

Some injuries are severe enough to keep you from working again, either in the same capacity or at all. If that occurs, you can receive compensation for your loss of earning potential.

Non-Economic Damages

Unlike workers’ compensation, which doesn’t cover emotional distress, you can receive compensation for the non-economic losses you suffered as part of a personal injury claim. This includes pain and suffering, as well as loss of enjoyment of life if you can’t live as you used to before the accident.

If a loved one dies in the crash, it’s possible to also claim loss of consortium. It strives to compensate you for the loss of support and companionship you lost.

Can You Still Drive for Uber After an Accident?

A common concern people have is whether driving for an Uber after an accident is still possible. Companies like Uber will typically deactivate a driver who’s been in a collision until an investigation can occur. Depending on the circumstances surrounding the crash, the driver could be permanently deactivated or allowed to continue working.

Protecting Your Claim: What to Do After a Rideshare Accident

Taking fast and appropriate action after the accident can make a difference in your claim’s outcome. Whether you choose to pursue one for workers’ compensation, personal injury, or in some instances, both, keep the following steps in mind.

Ensure the Safety of Everyone Involved

Before doing anything else, you must ensure you and any passengers in your vehicle are safe. In most instances, it’s best to leave the vehicle and wait for emergency services in a location where you won’t be struck by another car. If you or a passenger is in severe pain or has hit their head, it may be better not to move, however.

Get Medical Care

Even if you’re not sure whether you’re hurt, have paramedics assess you when they reach the scene. You may not realize that you suffered an injury because you’ll have a lot of adrenaline pumping through you. Getting care right at the site can begin a medical record that you can rely on when you begin a claim.

Contact the Police

Make sure that you get law enforcement to the scene of the accident. In New York, you must report any accident that results in injury, death, or property damage of at least $1,000.

If there’s been any property damage, call law enforcement, even if you’re not sure whether it amounts to $1,000. You will need this police report to file your claim.

Gather Evidence

Unless you require emergency medical care, you should start gathering as much evidence from the accident scene as possible. Take photos of the vehicles, your injuries, road signs, and skid marks.

If there are eyewitnesses, speak with them and get their contact information. Their statements can be essential later on.

Let Your Insurer and the Rideshare Company Know

You must quickly let your insurer know that you were in a crash. Try not to mention fault or significant details about the accident. Keep the conversation as short as possible.

You’ll also have to let the rideshare company know that you were in a crash. Expect to have your account deactivated while they conduct an investigation.

Speak with an Attorney

Rideshare accidents are complicated, and you can expect any resulting claims to also pose challenges. Hiring an attorney with experience in this area can protect your rights.

Recovering Your Losses After a Rideshare Accident

If you have been in a rideshare accident and suffered injuries and property loss, legal counsel is vital. With a team of experienced lawyers behind you, you can file the most appropriate type of claim so that you can recover losses.

 

Disclaimer: This article is for informational purposes only and reflects general guidelines for rideshare drivers involved in accidents. It should not be considered legal or insurance advice and may not be applicable to all situations. Always consult with a qualified attorney or insurance expert for personalized guidance.

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