A car accident is always terrifying and traumatic, especially when it causes serious injuries, but what makes rideshare accidents in Washington different from a typical car accident?
Not only is the immediate aftermath of an accident shared with an unfamiliar driver especially distressing, but the tiered structure of rideshare insurance coverage compared to private auto insurance under Washington code, RCW 46.72B.180, makes filing a claim after a rideshare accident uniquely complex.
Understanding Liability and Rideshare Insurance
If another driver is at fault for a rideshare accident, they are liable for damages. A claim against their insurance provides compensation for common injury damages, such as medical expenses, lost wages, and pain and suffering. However, if the rideshare driver was at fault for the accident, they are liable for the damages, and the claim becomes more challenging.
Rideshare companies like Uber and Lyft protect themselves from liability by using independent contractors as drivers. This means the rideshare company is rarely held liable for an accident victim’s damages. Instead, Uber and Lyft require their drivers to carry rideshare insurance with a tiered coverage structure based on the stage of the rideshare.
How Does Rideshare Insurance Work After an Accident?
It often takes an independent investigation by a local Lake Stevens personal injury attorney to determine the cause of the accident, the liable party, and, if the rideshare driver was at fault, which insurance policy was in effect at the time. Depending on the stage of the rideshare, the following policies could apply:
- When a rideshare driver uses their car privately, their standard auto insurance policy is in place, often the minimum car insurance required in Washington.
- Once the driver turns on the rideshare app to seek a passenger booking, their lower-tiered rideshare coverage is in effect, typically with $25,000 in property damage coverage, $50,000 per person in injury coverage, or $100,000 total coverage per accident available
- Once the driver has a passenger scheduled, during the drive to pick up the passenger, and during the entire rideshare journey with the passenger, the top level of coverage is in place with up to $1 million available per accident
After a rideshare accident, it’s not uncommon for multiple insurers to point their fingers at other policies, making a rideshare accident claim uniquely challenging.
As a Passenger, You Are Never Liable for a Rideshare Accident In Washington
Another consideration in a rideshare accident claim that’s unique from other car accident cases is that you never have to defend yourself against an insurance adjuster’s attempt to assign you a percentage of liability. This is a common tactic after a car accident when the victim has a substantial claim. Under Washington’s pure comparative negligence law, an insurance company can reduce the amount of compensation they pay on a claim by the percentage of fault they assign to the injury victim, incentivizing it to assign undue fault. However, as a passenger in a rideshare accident, you are never the liable party and don’t share any portion of liability, allowing you to seek compensation up to the applicable policy limits.