San Diego has recently witnessed a rise in rideshare services, which has brought a transformative change in the transportation sector. A rideshare service can indeed provide more convenience and accessibility in terms of owning a car, which requires maintenance and other expenses. However, people are usually confused about how to deal with car accidents that involve rideshares. It is complex and requires a reliable car accident attorney to navigate the case. So, let’s understand the financial responsibility and the legal action involving both parties in case of rideshare car accidents.
How do you determine the liability in Rideshare accidents?
When determining liability in rideshare accidents, jurisdictions like San Diego operate under comparative fault law, where the at-fault party is identified. In this case, the driver responsible for the accident is liable for the damages, even if they are part of a rideshare company. Moreover, the situation can get complicated when considering the insurance policy of both the driver and the rideshare company.
- Driver’s insurance
In this regard, the rideshare driver has to carry personal auto insurance, but it has been found that it often excludes coverage for vehicles meant for commercial purposes. This is where the complication starts, as you won’t be able to file a claim against the driver’s insurance.
- Rideshare company’s insurance
The rideshare company would provide us coverage based on the driver’s status during the accident. So, if the driver is not logged into the ride-sharing application at the time of the accident, then the rideshare company insurance will not be applicable. Also, when the driver is logged in but is not accepting rides, the coverage will be limited. The rideshare company will only provide complete coverage if the driver is logged into the app and the ride is in progress. You can also contact a car accident attorney associated with Hhjtrialattorneys.com to learn more about collision coverage.
When to file a lawsuit?
You have to file a lawsuit under certain specific circumstances. Suppose the at-fault party’s insurance company denies the claim or provides sufficient coverage for the damages. Then, you must take legal action against the driver or the rideshare company. You can also file a lawsuit if there is a disagreement over who is at fault to help you establish the liability. Moreover, you need to hire an experienced attorney to carry out all the legal proceedings. They can also help you file a lawsuit if the accident has caused significant damages, such as long-term disability, loss of wages, etc.
Conclusion
When you are filing a lawsuit against a rideshare driver or company, you need to consider the time frame based on which you can seek compensation. Moreover, when understanding the rideshare’s aftermath, you must understand the interplay between personal and corporate insurance policies. Thus, only by engaging an attorney can you deal with the complexities and protect your rights throughout the process. We recommend that you discuss everything in detail with the legal expert to avoid confusion or misunderstandings. Knowing what to expect and how to deal with it is crucial.
