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Who Is Liable in a Michigan Rideshare Accident?
April 18th, 2024
Ridesharing apps like Uber and Lyft have exploded in popularity. They are an easy and convenient way to get around Ann Arbor. But the popularity of ridesharing apps has led to an increase in accidents caused by distracted driving, which raises questions about who is legally responsible in a rideshare accident.
Rideshare accidents are more complicated than other car accident injury claims. Additional parties may be involved. The rideshare company may share some liability for rideshare accident injuries, but it may initially deny responsibility.
If you were hurt in a rideshare accident, the rideshare accident injury lawyers at Muth Law, P.C. can analyze your claim, answer your questions, and fight for the compensation you deserve.
Common Causes of Rideshare Accident Injuries
Driver error is a common cause of rideshare accidents. Rideshare drivers are more likely to drive recklessly and may not be paying attention because they are looking for their next passenger or interacting with the ridesharing app. As a result, they may not see pedestrians, bicyclists, or other vehicles.
The most common causes of rideshare accidents include:
- Speeding
- Distracted driving
- Reckless driving
- Fatigued driving
- Aggressive driving
Who Is Responsible When Someone is Injured in an Uber Accident?
Rideshare companies like Uber and Lyft classify drivers as independent contractors. Therefore, the parent company may not always accept liability when their drivers cause an accident. However, when the rideshare driver is responsible for causing the crash, the rideshare company may also be liable under the doctrine of respondeat superior, which makes an employer liable for an employee’s negligence if the negligence occurs within the course and scope of employment.
In most rideshare accident injury cases, responsibility for the occupants’ injuries depends on whether the driver was actively engaged as a driver for the rideshare company. This often comes down to whether the driver was using the ridesharing platform at the time of the accident.
If the driver did not have their app on, they are unlikely to be covered by the ridesharing company’s insurance policy and the driver will be solely responsible for any injuries caused by their negligence. But if the driver has their app in driving mode, the rideshare company could share liability. Most rideshare companies have a $1 million insurance policy that provides coverage for rideshare accident injury claims.
How to Recover Compensation After a Michigan Rideshare Accident
People injured in a Michigan rideshare accident can recover no-fault benefits through Personal Injury Protection insurance (PIP). An injured person may have no-fault benefits available through their own insurance policy, a spouse or resident relative’s insurance policy, or, if there is no coverage available through any other policy, through the insurance policy that covers the driver of the rideshare vehicle.
PIP will pay for medical expenses, lost wages if the injured person was unable to return to work, mileage and transportation costs incurred traveling to and from appointments, household replacement services, and other care benefits.
To be eligible for PIP benefits, you must file an application for No-Fault benefits with the responsible driver’s car insurance company within one year of the date of the accident. If you do not apply in time, you might lose your ability to recover the benefits you are entitled to.
In Michigan, rideshare drivers must have a no-fault insurance policy in place whenever they are on the job, both when they are actively transporting passengers and when they are available to transport passengers. The amount of no-fault medical coverage available will be set by the no-fault medical benefits coverage levels selected in the insurance policy through which they claim benefits. However, Michigan law requires that rideshare drivers carry the following minimum liability insurance coverage limits:
- When a rideshare driver is on call and available but is not actively transporting a passenger, they must carry minimum liability coverage of $50,000 per person and $100,000 per incident for death or bodily injury.
- When the rideshare driver is transporting a passenger, the driver must have liability coverage that is a combined single limit of $1,000,000 for all bodily injury and property damage.
Additional Compensation for Pain and Suffering After a Rideshare Accident
When a rideshare driver is at fault for causing a car accident, an injured person may also be able to recover compensation for pain and suffering, excess medical expenses, and excess lost wages. To recover excess compensation, the injured person must prove they suffered a “serious impairment of body function” or permanent serious disfigurement.
Muth Law, P.C., Helps People Injured in Michigan Rideshare Accidents
Determining who caused a rideshare accident and which insurance policy will cover the losses can be complicated. To receive the compensation you deserve, you need an experienced rideshare attorney who understands rideshare injury accident claims and will fight to ensure you receive it.
The rideshare accident injury lawyers at Muth Law have represented car accident victims for over 40 years. To learn more, or put our expertise to work for you, call 734-481-8800, email info@muthlawpc.com, or contact Muth Law online today to schedule an appointment to discuss your situation and how we can help.
Categories: Rideshare Accident