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Who Pays in an Indiana Uber Accident?

Mar 10, 2021 | Auto Accident

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Uber and Lyft are among the leading rideshare companies that are slowly replacing older forms of public transportation like taxi services. While there are many conveniences and luxuries to ordering a rideshare, you also need to remain concerned about safety.

Rideshare companies like Uber and Lyft are not immune from car accidents. In fact, roads have arguably become more dangerous since rideshare providers became more popular over the last ten years.

Who pays in an Indiana Uber accident?

Auto accidents that involve a rideshare are far more complicated than your ordinary collision. Who pays for your property damage or injuries can get complex, so meeting with a rideshare accident lawyer to discuss the details of your case is a recommended place to begin.

Popularity of Rideshare Apps 

The popularity of rideshare services in the United States is growing exponentially. Today, most young adults prefer rideshare companies like Uber and Lyft over more traditional forms of public transportation.

Uber alone has a global market value of over $70 billion. The company currently has a staff of more than three million drivers that fulfill approximately 40 million rides per month in the United States. Nonetheless, the introduction of rideshare services has arguably contributed to more dangerous roads.

Furthermore, determining fault and liability in an Uber or Lyft accident is not always clear and depends greatly on the state where the incident occurred. Rideshare operators utilize their own personal vehicles, which allows them to blend in with the rest of the vehicles on the road, unlike taxis.

Consequently, the debate over whether you are entitled to recover damages for injuries related to an Uber accident depends on several factors.

Rideshare Accidents in Indiana 

The state of Indiana uses a fault-based insurance system for settling auto accident claims. In other words, the at-fault party is responsible for paying for the damages he or she caused. Therefore, under current state law, you would expect Uber drivers to be responsible for an accident where they are at fault.

However, many insurance companies exclude insurance coverage when the operator uses his or her personal vehicle to generate income, like through Uber or Lyft. Consequently, the insurance company may not cover damages when the personal vehicle is used for commercial purposes.

While Lyft and Uber advertise their own insurance policies for drivers, the coverage does not always apply to rideshare accidents. For example, Uber and Lyft will refuse to cover damages through their own policies if the driver is not logged into the rideshare app at the time of the accident.

Moreover, Uber and Lyft can deny coverage or alter the maximum amount of an insurance payout depending on the status of the ride. For example, victims of an Uber accident receive less in damages if the driver was on his or her way to make a pickup compared to already having a passenger in the vehicle.

Uber may provide up to $1 million in coverage for auto accidents, yet that payout is not guaranteed. Thus, speaking with a rideshare accident lawyer is suggested if you are looking to recoup the most you can in damages.

Indiana Modified Comparative Fault System

As previously mentioned, Indiana relies on a modified comparative fault system for determining liability in auto accidents.

What this means is that one or more drivers may share fault in the same accident. For example, one driver may be 70% at fault for the accident while the other driver shares 30% of the responsibility.

The comparative fault system in Indiana prohibits personal injury claimants from recovering any compensation when they bear 51% or more of the responsibility for their injury. As a result, you are not entitled to compensation from an Uber or Lyft accident if you shoulder more than 51% of the liability.

Determining Fault in an Indiana Uber Accident 

The number of Uber and Lyft drivers in the state of Indiana is increasing along with the rest of the nation. Consequently, to protect future lives, we need to focus on holding rideshare drivers and services accountable for their actions.

Rideshare drivers are vulnerable to the same types of mistakes on the road as other drivers. Unfortunately, they often operate under a false cloud of protection from the insurance of their rideshare employer.

Passengers of rideshare operations have noticed drivers speeding or driving too fast in certain traffic or weather conditions, disobeying traffic lights or signs, and participating in distracted driving (i.e., texting and driving).

Even more troubling, rideshare accidents in the past have involved fatigued driving or alcohol/drug-related impairments. Thus, if you are injured in an Uber accident, you may be able to hold the driver liable for your injuries.

Contact a Rideshare Accident Lawyer at Stewart & Stewart

Uber accidents are becoming more common in the state. Unfortunately, determining insurance payouts for injuries and wrongful death claims is not always a straightforward process. You can expect a fight from the rideshare company or personal insurance policy of the driver.

As a result, we suggest you contact an attorney at Stewart & Stewart. The law firm is one of the most respected in Indiana, particularly for auto accident injuries that occur from unconventional forms of transportation like motorcycles, commercial trucks, and rideshare companies.

Find out how we can help you today by visiting GetStewart.com. We can help you recover damages from the Uber accident to cover medical bills, treatment, and lost time from work.

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