Who is Liable for a Ridesharing Accident?
Ridesharing is one of the greatest developments in recent technology. No longer do non-drivers have to schedule taxi rides in advance or bum rides from annoyed friends and family members. No longer do those out for a night on the town have to pick one designated driver to be bored the whole night. With ridesharing, people enjoy a convenient and affordable way to get around Mississippi.
However, like anything else, ridesharing has its downsides. Drivers are not always properly vetted, and they have been known to drive past the point of fatigue. This puts riders and others on the road at risk of injuries. If you have been injured in a ridesharing accident, let us help. Call Reeves & Mestayer at 228-374-5151 to schedule a consultation.
The Process of Determining Liability
In a ridesharing accident, the process of determining liability is fairly similar to the process of determining liability in any other vehicle accident. Your attorney will get your retelling of the accident, connect with witnesses to hear their sides of the story, and look at available evidence.
From there, they will start to piece together what happened that caused the accident and figure out how that impacts liability. In any accident, potentially liable parties include the drivers of both vehicles, manufacturers of vehicle parts, and repair centers.
There is another component to a ridesharing accident: the company that retains the driver as an independent contractor. In some cases, they are liable for the actions of their driver.
Consider, for example, an accident where the driver was drunk, unbeknownst to the passengers. They crash into another vehicle. Of course, they have a significant amount of liability. However, during the investigation, your attorney discovers that the driver has a history of DUIs. Their history is so extensive that the ridesharing company would have barred them from the platform, had they done a proper screening. Because they hired the driver anyway, it is clear they did not. In this case, the ridesharing platform would likely share some of the liability.
Who Pays After an Accident
Another question that often comes up after a ridesharing accident is the question of who will pay. There are strict state laws that govern insurance requirements. Up to a certain point, settlement payments may come out of the driver’s personal insurance policy. This largely depends on whether or not the driver’s insurance company covers their commercial driving. If it does not, they will be excluded from the claim.
Ridesharing drivers in Mississippi must meet high minimum insurance requirements. The company provides coverage of at least $1 million for bodily injury, property damage, and death when the driver is completing a ride. When the driver is on the app but not completing a ride, the company provides coverage of $50,000 for bodily injury for each person and $100,000 for death or bodily injury per incident.
If you are injured in an accident caused by a ridesharing driver, it is likely that the ridesharing company’s insurance will be the company you deal with while trying to get compensation. If the other driver turns out to be liable for the crash, you would pursue their insurer for compensation instead.
How to Get the Compensation You Deserve
After a ridesharing accident, it is crucial to hire an attorney. Ridesharing companies have a profit margin to protect, and their insurance companies work vigorously to deny claims or minimize payouts. Even if it is obvious that the driver erred and is liable for your injuries, you can expect the insurance company to push back against your claims to try to pay you as little as possible.
Your attorney can cut through the noise and hold the insurance company accountable. This involves building a case, showcasing the evidence, and taking a hard stance during negotiations. The more quickly you reach out to an attorney with experience in ridesharing accidents, the more quickly you can start getting back to normal.
Reeves & Mestayer PLLC is Here to Help
Have you been hurt in a ridesharing accident in Mississippi? Take steps to fight for the compensation you deserve. The team at Reeves & Mestayer has extensive experience representing individuals who have been injured in auto accidents, and we are ready to go to work for you. Set up a consultation now by giving us a call at 228-374-5151 or contacting us online.