Uber is a convenient and affordable way for people to get around Oahu. But just like all motorists, Uber and Lyft drivers and passengers are at risk of being in a car accident every time they hit the road.
Knowing what to do after a crash can be confusing even in a standard two-car accident. Rideshare accidents raise even more questions because its drivers are operating in a commercial capacity. That means you may need to go through Uber or Lyft’s high-powered insurance company to resolve the claim. If you’ve been hurt in an rideshare accident in Hawaii, you need a knowledgeable and tough Honolulu Uber/Lyft accident lawyer who won’t be intimidated by corporate insurance adjusters looking for any reason to deny you full and fair compensation.
Acting quickly can protect your claim for compensation. Avoid the risk and contact Recovery Law Center now to arrange a no-cost case review.
Hawaii No-Fault Insurance Laws and Rideshare Accidents
Hawaii is a no-fault state when it comes to auto accidents. Every driver is required to carry at least $10,000 in personal injury protection (PIP) benefits. In Hawaii, Uber/Lyft drivers are required to carry commercial insurance. That coverage extends to drivers, passengers, and pedestrians injured in a crash. If you were injured as a passenger in an Uber or Lyft accident, you would first turn to the rideshare driver’s insurance company to pay your medical expenses.
If the cost of your injuries exceeds the driver’s policy limits, you could then turn to Uber or Lyft’s own liability insurance policy to seek compensation for the remainder of your losses. As with all auto accident claims, you can expect the insurance company to take every possible action to avoid a fair settlement for you. It’s a good idea to speak with a Honolulu Uber/Lyft accident lawyer before trying to settle the claim yourself.
Uber and Lyft Insurance Policy for Passengers
Both Uber and Lyft’s insurance policies provides passengers that are hurt on a trip with up to $1 million in liability and uninsured motorist coverage. Your ability to collect compensation from policy will depend on the driver’s status at the time of the crash.
- Not logged in: The claim must go through the driver’s PIP insurance (again, the driver must carry minimum of $10,000 in PIP benefits in Hawaii).
- If a driver is logged in: Uber and Lyft’s limits are $50,000 for bodily injury per person, $100,000 for death and bodily injury per accident, and $25,000 for property damage per accident. Insurance must also provide a minimum of $10,000 for medical no-fault treatment benefits for passengers.
- If the driver is in a prearranged ride or matched with a rider: Uber/Lyft must carry at least $1 million in coverage for death, bodily injury, and property damage.
Rideshare accident cases become more challenging if more than one car is involved in the crash. In those cases, the insurance companies for all involved drivers will be arguing over who should be held responsible for your injuries and how much should be paid. It’s a good idea to find an experienced rideshare attorney near you before trying to navigate these choppy insurance waters on your own. With a lawyer representing you, you can put more energy into healing and returning to everyday life again.
What to Do if You are Involved in an Uber/Lyft Accident
The things you do in the moments after a rideshare accident can greatly affect the outcome of your claim. After a car accident, you should:
- Report the crash: Hawaii law requires you to report any accident that results in injury, death, or property damage that exceeds $3,000. While the drivers involved should report the crash, it is a good idea that you also report the accident, particularly since you may not know whether either driver will do so. Ask for an officer to come to the accident scene and file a report so you can receive a copy. While these reports are typically inadmissible in court, they are very beneficial when negotiating with the insurance company.
- Seek medical attention: If you have serious injuries that need immediate attention, you should call 911 immediately for help. If your injuries do not require immediate care, visit the hospital as soon as possible after the accident. Not only will this allow a doctor to identify immediate injuries, but it can also help protect a future claim if injuries manifest later on.
- Take pictures: Get a screenshot of your phone to show that you were in the rideshare vehicle at the time of the crash. Take photographs of all vehicles involved and the damage they sustained. Also take pictures of other relevant information, such as skid marks on the road, traffic lights, and any environmental conditions that may have contributed to the wreck.
- Identify eyewitnesses: If there were witnesses to the crash, it is important to get their names, contact information and perhaps even a short statement. This can also serve as crucial evidence.
- Document your injuries: Take pictures of your injuries immediately following the crash and throughout your entire recovery. Also keep a journal documenting your injuries and how they have impacted your life. Your memory may fade over time, and your recollections can help you secure the full amount of compensation you need.
- Do not speak to the insurance company: Regardless of what insurance company you go through, it’s guaranteed that they will try to offer you the lowest settlement possible. A battle-tested trial attorney at Recovery Law Center can prevent you from being taken advantage of and fight for the best possible outcome in your case.
What to Do If Your Car Was Hit by a Rideshare Driver
Hawaii is a no-fault auto insurance state, which means that if you are hit by an Uber or Lyft driver, you must go through your own insurance company to claim compensation for your injuries. You do not have to prove that someone else was at fault in order to obtain benefits.
In the event that your injuries were severe and treatment exceeded $5,000, you may then be able to file a personal injury claim against the at-fault driver. However, if you take this step, you will have to prove that the other driver was negligent. A lawyer will conduct a full investigation and gather evidence that will substantiate your claim so you can pursue the full amount of compensation you are owed.
What Kinds of Compensation Can I Recover in a Rideshare Accident Claim?
After an Uber or Lyft accident, you can claim compensation for all of the damages you incurred. The most common types of damages include:
- Medical bills: You can claim all of your medical expenses including the cost of doctor’s appointments, prescription medications, surgeries, hospitalizations, physical therapy, rehabilitation, and other costs.
- Lost income: In the days and weeks following a crash, you may be unable to work due to your injuries. You can collect compensation for not only wages, but also any bonuses, benefits, sick leave, and vacation time you missed due to the accident.
- Loss of earning capacity: If your injuries are so severe that you cannot return to the same type of work and must take a lower-earning position or cannot return to work at all, you can include those losses in your claim.
- Pain and suffering: These damages do not have a concrete dollar value in the same way that other ones do, but compensation for physical pain and emotional distress that your injuries caused are still a loss and should be included in your claim.
After reviewing the specific facts of your case, an Uber/Lyft accident lawyer can advise on the full amount of damages that could be available to you.
Our Honolulu Rideshare Accident Attorney Will Fight for You
If you have been in an Uber/Lyft accident, Recovery Law Center can help. Attorney Glenn Honda understands the complexities surrounding rideshare accident claims. He knows how to negotiate with the insurance companies, conduct thorough investigations, and collect the evidence necessary to prove why you deserve compensation for your injuries.
Time is of the essence after an Uber or Lyft accident. You can count on the insurance company(s) to start investigating the claim within hours of learning about it. Don’t let them get a head start. Call Recovery Law Center now or fill out our online contact form to arrange your free consultation.