A rideshare accident is not always as straightforward as a typical two-car collision. A large rideshare company can complicate questions about responsibility and insurance coverage. Determining which insurance policy applies may depend on what the driver was doing in the app at the time of the crash.
Responsibility for the rideshare accident may fall on the rideshare driver, another motorist, a vehicle manufacturer, or another party. If you were hurt as a passenger, driver, or pedestrian in Cleveland, Toledo, or elsewhere in Ohio, contact us today for help understanding your options.
How Rideshare Crashes Differ From Regular Car Wrecks
A typical car accident claim often starts with the insurance policies of the drivers involved. Rideshare crashes can be more complicated because Uber and Lyft drivers operate as independent contractors, and insurance coverage may change based on the driver’s activity in the app.
A claim may involve the driver’s personal auto insurance, coverage provided through the rideshare company, or another motorist’s policy.
Who May Be Responsible for a Rideshare Accident in Ohio?
Several parties may share responsibility for a rideshare crash, depending on who caused the collision and the circumstances.
Rideshare Driver
A rideshare driver may be responsible for looking at or interacting with the app while driving, speeding, driving while fatigued, running a red light, or driving while impaired.
Uber or Lyft
Uber and Lyft drivers typically operate as independent contractors rather than employees, which can limit the company’s direct responsibility for a driver’s negligence. However, insurance provided through the rideshare platform may cover a crash based on the driver’s app status.
The company’s own conduct may also be at issue, such as allegations that it allowed a driver with known safety concerns to remain on the platform.
Another Motorist
If another driver caused the crash, that motorist and their insurance may be responsible. If the driver is uninsured or underinsured, additional coverage may be available.
The availability of uninsured or underinsured motorist coverage can depend on the driver’s app status and the applicable policies. A personal auto policy may exclude this coverage while the rideshare driver is logged into the app or providing rides.
A Vehicle or Component Manufacturer
A defective vehicle or component, such as faulty brakes, tires, steering, or airbags, could raise questions about manufacturer liability under Ohio product liability law.
A Government Entity
A state or local government entity may potentially be responsible if a dangerous road condition contributed to the crash. Ohio law has special rules for claims against government entities, including limits on when they can be held responsible and how long you have to file a claim.
How Rideshare Insurance Changes With App Status
Ohio law ties rideshare insurance requirements to the driver’s activity at the time of the crash.
Period 1: The App Is Off
A driver who is not logged into the rideshare app is driving in a personal capacity, so coverage typically comes from their own auto policy.
Period 2: App On, Waiting for a Ride Request
When the driver is logged in but has not accepted a ride, Ohio Revised Code Section 3942.02 requires insurance providing at least:
- $50,000 for bodily injury or death to one person
- $100,000 for bodily injury or death per accident
- $25,000 for property damage per accident
Period 3: Ride Accepted or Passenger in the Vehicle
Once a ride is accepted, Ohio requires at least $1 million in primary automobile liability insurance. The coverage continues while the passenger is being transported.
What Legal Rights Do Rideshare Passengers Have?
Passengers typically are not responsible for causing a rideshare crash because they are not operating either vehicle. As a result, an injured passenger may have a claim regardless of which driver caused the collision.
If the rideshare driver caused the crash while transporting a passenger, the commercial liability coverage required during the ride may apply. If another motorist caused the collision, the passenger may first pursue a claim against that driver and their insurer.
When the at-fault driver has no insurance or not enough coverage for the passenger’s losses, uninsured or underinsured motorist coverage may also be available under an applicable policy.
How Ohio’s Comparative Negligence Rule Affects Your Claim
Under Ohio Revised Code Section 2315.33, an injured person may recover damages when their share of fault is 50% or less. Their recovery is reduced according to their percentage of responsibility. At more than 50% fault, recovery is barred.
For example, a pedestrian who shares some responsibility for a collision with a rideshare vehicle could still recover damages if their share of fault does not exceed 50%.
What Should You Do After a Rideshare Crash in Ohio?
Evidence can disappear quickly after a crash. Consider taking these steps:
- Call 911. Report the collision and request medical assistance when necessary.
- Screenshot your ride. Save trip details, timestamps, and the driver’s information.
- Seek medical care. Prompt evaluation can identify injuries and document your condition.
- Gather information. Get contact and insurance information from the drivers and contact details from witnesses.
- Report the collision. Use the appropriate Uber or Lyft reporting process to document the crash.
- Be careful with recorded statements. Consider speaking with an attorney before providing a recorded statement to an insurance company.
How Long Do You Have to File a Rideshare Claim in Ohio?
Ohio places time limits on filing lawsuits arising from serious or fatal accidents. Most personal injury claims must reach the court within two years of the injury. For wrongful death cases, there is a two-year filing period that starts on the date of death.
Exceptions can affect these deadlines, and claims involving government entities may have additional requirements. Acting promptly can help preserve important evidence.
Talk to Nurenberg Paris Injury Lawyers About Your Rideshare Case
Nurenberg, Paris, Heller & McCarthy has represented injured people at trial since 1928. Our team can investigate your rideshare accident, identify any applicable insurance coverage, and help you understand your legal options.
Under our No Fee Guarantee®, you don’t pay us anything unless we get money for you. Call (216) 621-2300 or contact us online for a free consultation.
