Navigating Accidents with Uninsured Ride-share Drivers in Nevada

Navigating Uninsured Uber/Lyft Accidents

Ride-share companies like Uber and Lyft have entirely changed the way we get around, offering a convenient, flexible alternative to taxis. Most of the time, procuring a ride-share is an uneventful transaction, and the passengers get to their destination without incident. However, if an accident occurs, things can become complicated. Because ride-share companies claim their drivers are independent contractors, it can be difficult to determine liability and apportion damages in the event of a crash. Particularly if there is a problem with insurance coverage, it is vital that you understand how the law works in terms of the responsible parties’ liability. Before you take your next ride share, read on to learn more about Nevada’s ride-share laws and your rights if you are involved in an accident.

Legal Steps in Ride-share Crashes

If you are in a ride-share accident in Nevada, call 911 or 311 immediately, even if there are no injuries. Seek medical attention as soon as possible, because you may not even realize that you have been injured. Seeing a doctor can ensure that any injuries you sustained in the accident are detected, documented, and addressed. You will also want to gather as much information as you can, taking information from both drivers and any other passengers involved, asking for eyewitness accounts, and taking pictures of the scene. Perhaps most importantly, contact a ride-share accident attorney, who will know the intricacies of Nevada ride-share law and can help guide you through the legal steps you will need to take in order to be appropriately compensated for your losses.

The Problem of Ride-share Driver Liability Gaps

Nevada is an at-fault state, and this means that the insurance of the person who caused the accident is liable for the damages. Sometimes the fault is clear, but sometimes it can be tricky to determine. Nevada has a modified comparative negligence rule, that requires victims of a car accident to be responsible for less than 50 percent fault in order to recover damages. People in car accidents who are more than 50 percent liable are not eligible for compensation. When it comes to ride–share companies, there could be significant amount of insurance coverage available to cover death, property damage, and bodily injury, but the amount may depend whether the rideshare driver was logged on the app or has accepted a ride. Amounts of insurance coverage can also vary by state and yearly, so it’s important to check with an attorney.  In a ride-share accident:

• If the driver is at fault and the accident happens while the driver is transporting a passenger, the ride–share company’s insurance will apply to the accident.
• If the driver is at fault and is logged onto the app but not yet accepted a ride when the accident occurs, the ride–share company’s insurance will apply. Sometimes, the driver’s auto insurance could apply, though in most cases, personal auto insurance does not cover accidents occurring while driving as a rideshare.

Medical Payments (or MedPay) may also be available to injured rideshare passengers. Lyft and Uber used to provide uninsured/underinsured (UM/UIM) coverage for rideshare passengers, but that hasn’t been the case for the past few years in Nevada. Because rideshare insurance coverage can change on a yearly basis, it is important to check with an attorney as to what is available to you if your are injured in a rideshare accident.

Recovering Ride-share Accident Costs

One of the things that makes ride–share insurance claims tricky is that there are so many different insurance policies involved. There is the personal policy of the driver, the insurance of the passenger, the commercial insurance carried by the ride–share company, and there could also be third-party insurance policies. How the different insurance policies apply depend on the ride–share driver’s status, which person was at fault, and other factors. Navigating through all of this is complicated, but it is necessary if you want to recover your losses. Document all of your expenses and all of your losses, whether those losses occurred because of property damage or injury. Enlist the help of a competent attorney, who can offer valuable guidance and employ their negotiation skills to ensure that your rights are protected, and your compensation is fair.

Nevada Ride–share Insurance Claims

It would be naïve to think that you could simply file an insurance claim and trust the parties involved to work it out and come up with an equitable settlement. When you deal with an insurance provider, you can expect the company to try different strategies that will minimize payouts. Initially, you are likely to receive an offer from the company that is much lower than it should be. The thought behind this is that victims still reeling from the shock of an accident will feel financially pressured, which will cause them to accept the first offer. Do not fall for this, but hold out for the amount you are legally owed and only settle once you know the full extent of your injuries. Remember, once you settle, you typically can’t undo that settlement. Additionally, insurance companies often dispute the liability of the policy holder and try to shift blame to others, and they may also delay processing the claim so that the victim will be more inclined to accept a lower, faster settlement. Before entering into any negotiation with an insurance company, make sure you understand the full extent of your damages, including physical, emotional, and financial damages. Never accept the first offer, but gather as much documentation as possible, so that you will have a stronger claim. Most claims are settled, without anyone having to go to court, and if you have the right attorney on your team, you will be able to achieve the best outcome, even in a complicated situation.

Carvalho & Associates Can Help You With Uninsured Ride-share Settlements

If you have been in an accident with an uninsured ride-share driver and you need help navigating the unfamiliar territory of insurance claims, Carvalho & Associates Attorneys at Law can help. We are committed to helping our clients achieve the best possible outcomes when someone else is at fault for their accident or injury. Offering world-class excellence in legal representation, we provide expert legal support so that you can have the peace of mind that comes with knowing someone is representing your best interests. Our attorneys work tirelessly to develop a compelling case that secures your financial future, while also showing you compassion, courage, and the determination to hold the at-fault party legally responsible. When you need expert legal counsel, call or contact us through our website.