Companies like Uber and Lyft have made it incredibly easy to get a ride. Rather than having to hail a taxi, it’s easy to order a ride with a few taps on your phone. But even though it is easy to get a car to pick you up, that does not mean that taking an Uber or Lyft is always safe.
Rideshare drivers operate their own vehicles and do not have any special training. This can increase the likelihood of a crash, particularly when the drivers are also paying attention to their app. These cases can be complex because Uber and Lyft drivers are independent contractors, so the company’s liability depends on what the driver was doing at the time of the accident. Our Honolulu car accident attorneys can help you get maximum compensation for your injuries.
At Miyashita & O’Steen, we are committed to helping our clients obtain the maximum compensation for their injuries. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to talk to a Honolulu rideshare accident lawyer about your claim, contact our law offices today.
Who Is Responsible for a Rideshare Accident?
In Hawai‘i, personal injury cases are typically based on a theory of negligence, or carelessness. While some cases are based on intentional or reckless conduct, the most common case is based on negligence (such as speeding). Negligence is the failure to use the level of care that a reasonable person would use in a similar situation.
Negligence is often an issue with rideshare accidents, particularly as it relates to phone use. Rideshare drivers work through an app on their phone, which means that they might take their eyes off the road to look at their phone. Depending on what the rideshare driver was doing (such as texting while driving), it may even be considered reckless behavior.
To win a rideshare accident lawsuit, the injury victim (plaintiff) will have to show that the at-fault party (defendant) was negligent in some way. This involves introducing evidence of four elements:
- Duty: The defendant had a duty of care to use reasonable care when operating their vehicle.
- Breach: The defendant breached (violated) that duty.
- Causation: The driver’s violation caused the plaintiff’s injuries.
- Damages: The plaintiff suffered losses.
For example, consider a situation where your Uber or Lyft driver isn’t paying attention and runs a red light. If the vehicle strikes another car in the intersection, then the rideshare driver would be considered negligent. As described in greater detail below, the driver’s personal auto insurance policy and/or the company’s commercial liability policy could be accessed to cover your losses.
Of course, there may be a situation where you are riding in an Uber or Lyft and another driver causes a crash. Alternatively, you could be walking or in another vehicle that is hit by a rideshare driver. The key in these cases is to demonstrate that the at-fault driver was negligent in some way.
Negligence is often straightforward, such as in rear-end accidents. In other cases, it may be more complicated. Our Honolulu rideshare accident lawyers are experienced at untangling questions of negligence so that we can hold the correct person (or people) responsible for our clients’ losses.
Which Insurance Company Pays for Damages in a Hawai‘i Rideshare Accident Case?
In a typical car accident case, the at-fault driver’s car insurance company will cover the losses suffered by any victims. Rideshare accidents are different because there are several possibilities when it comes to which insurance policy will pay for the losses.
Rideshare drivers are independent contractors, not employees. If they were employees of Uber and/or Lyft, then the company would be responsible for any injuries that they caused in the course of their employment. Because they are not employees, the situation is a bit more complicated.
There are three main possibilities when it comes to insurance coverage:
- If the driver is not working or the app is off, then their own car insurance policy will cover the claim. This may leave injured victims without adequate compensation for their injuries, since Hawai‘i has relatively low car insurance minimums of $20,000 per person/$40,000 per accident for bodily injury liability and $10,000 in property damage liability.
- If the driver has the app on and is waiting for a ride, then Uber or Lyft’s liability policy will cover the accident. In this scenario, the policy limits are still relatively low: up to $50,000 in bodily injury per person, up to $100,000 in bodily injury per accident, and up to $25,000 in property damage per accident.
- If the driver is either on their way to pick up passengers or is transporting a passenger when the accident occurs, then Uber or Lyft’s full $1,000,000 commercial policy is available to accident victims, including passengers in the rideshare, pedestrians, bicyclists, and drivers and passengers of other vehicles.
If you are hurt in an accident, then the best chance for a full recovery will be filing a claim with Uber and/or Lyft’s commercial liability policy. Our Honolulu rideshare accident attorneys will carefully analyze your case to determine if you can pursue a claim directly with Uber or Lyft. We will also evaluate other potential sources of coverage, such as your own uninsured/underinsured motorist coverage or even a third party who may be partially at fault for the accident.
Help for Hawaiʻi Rideshare Accident Victims
Rideshares are incredibly convenient, but there is no way to know how careful a driver your Uber or Lyft driver is before booking a ride. If you are hurt in a rideshare accident, you can pursue financial compensation for your property damage, lost wages, medical bills, emotional distress, and other losses.
At Miyashita & O’Steen, we represent clients in all counties and islands in Hawaiʻi, including Hilo, Honolulu, Kahului, Kailua-Kona, Lihue, Pearl City, Waimea, and Waipahu. We understand the unique complexities in rideshare accident cases and use our experience to help our clients get the best possible outcome.
We represent all injury victims on a contingency fee basis. To learn more about our work or to set up a free initial consultation with a Honolulu rideshare accident lawyer, contact our law firm by calling 808-909-8770 or filling out our online contact form.