Winston-Salem Uber/Lyft Rideshare Accident Lawyer
If you have been injured in a rideshare accident you are either the passenger of the rideshare driver or you were involved in a crash with the rideshare driver. You might be wondering if you can recover compensation. You might wonder who you can recover compensation from. You might wonder how carefully rideshare companies screen their drivers before they give them the green light to drive under the umbrella of a recognized company name. Nagle & Associates, P.A. can answer your questions. Call us today at (336) 723-4500.
The rideshare industry is expected to grow at near exponential rates in the next few years. What this means is that more of the drivers on the roads will be carrying passengers for hire. For now, the liability for injuries from rideshare accidents does not involve the liability of rideshare companies. However, the laws may change as more and more people start to use rideshare services.
At Nagle & Associates, P.A., our Winston-Salem Uber/Lyft rideshare accident lawyers have seen an increase in rideshare accident clients as ridesharing becomes more popular in North Carolina. If you were injured in a rideshare accident, contact our law firm today to schedule a free case consultation.
Advantages of Hiring Nagle & Associates, P.A.
When you choose Nagle & Associates, P.A., you are hiring attorneys with:
- Unique experience – Firm founder, Carl Nagle, defended claims on behalf of insurance companies for many years before deciding to use that knowledge as an advocate exclusively for those who are seriously injured and trying to recover from insurance companies.
- Superior negotiation skills – Having worked both sides of the fence gives us an advantage because we know how insurance companies think and the strategies they use to try and settle claims.
- Empathy and understanding – We’ve seen how insurance companies operate and won’t let their profit margins get in the way of you recovering as much as you need to adequately compensate for your losses.
Why Working With a Rideshare Accident Attorney Makes Sense
A rideshare accident is you against the insurance companies. It’s you convincing two or more other insurance companies that you were not at fault – at all – for the accident. Then it’s you explaining how your injuries were caused by the accident and how you are affected by them and how long the effects will last. Keep in mind that this entire time the insurance companies will be doing their best to discredit and discount everything you say. That might be too much to handle along with taking care of yourself after an accident. Imagine the relief of handing that responsibility off to someone who knows exactly what to do and how to do it?
Can You Sue a Rideshare Company?
You cannot sue a rideshare company based on the relationship between the company and rideshare driver – yet. Rideshare companies such as Uber or Lyft have so far avoided the potential deep-pocket liability that would exist if rideshare drivers were considered to be employees of the companies. By classifying drivers as ‘independent contractors’, rideshare companies do not have to assume responsibility for the actions of drivers while they are logged onto the ridesharing platform.
Instead, rideshare companies (like Uber) provide insurance on behalf of drivers that applies in varying amounts when a driver is logged onto their app. There are three relevant time periods.
- Driver off app – No coverage applies.
- Driver on the app but no client – Third-party coverage applies IF the driver’s personal auto policy does not apply.
- $50,000 for injury per person
- $100,000 for injury per accident
- $25,000 property damage per accident
- Driver headed to pick up a client or has a client – First and third-party coverage can apply.
- $1,000,000 for third party liability (rideshare driver at fault)
- $1,000,000 for uninsured/underinsured motorist (rideshare driver not at fault and the at-fault driver does not have adequate insurance)
- Comprehensive/collision – covers up to the actual cash value of the rideshare driver’s vehicle IF the rideshare driver also carries the coverage subject to a $2,500 deductible (applies without regard to fault)
By classifying drivers as independent contractors instead of employees, rideshare companies also avoid having to pay certain expenses that employers typically pay on behalf of employees. And laws designed to protect employees in the workplace do not apply to independent contractors.
The controversy, and why lawsuits continue to crop up against rideshare companies, has to do with the traditional distinctions between an employee and an independent contractor. An employee is said to be under the control of an employer whereas an independent contractor is like a separate business that is doing a job for an employer.
The lines between the two designations are significantly blurred for rideshare drivers because rideshare companies maintain more control over them than in a traditional independent contract relationship. This has lawmakers alleging that rideshare companies are misclassifying drivers in order to avoid providing them with benefits they should be receiving.
For now, the issue remains unresolved and recovery from a rideshare company seems to be limited to the insurance provided to the rideshare driver. It is still a potential source of recovery in addition to the personal insurance of the drivers.
Contact Nagle & Associates, P.A. Today
The Winston-Salem Uber/Lyft rideshare accident attorneys at Nagle & Associates, P.A. know how valuable the additional insurance can be when it comes to securing full compensation for clients who have experienced serious injuries in a rideshare accident. Call us at (336) 723-4500 to schedule a free consultation at one of our offices throughout North Carolina or click here to contact us about your accident.