When you get into an Uber accident or Lyft accident because someone else is at fault, you can recover compensation for resulting injuries, financial losses, and suffering. In Nevada, liability is proportionate to fault. Anyone who contributed to your rideshare accident in Vegas can be liable for damages.
Depending on how and why your Uber or Lyft accident happened, potential defendants in a Las Vegas personal injury claim could include:
- Rideshare driver
- Third-party motorist
- Bicyclist or pedestrian
- Vehicle manufacturer
- Government agency
Employers can also be vicariously liable if the at-fault party was working at the time of the accident, unless that employer is a rideshare service like Uber or Lyft. Vicarious liability only applies when an at-fault party is an employee. Since rideshare drivers are independent contractors, Uber and Lyft are generally not responsible for accidents involving their vehicles.
However, Nevada requires these rideshare companies to maintain insurance coverage for when their drivers get into auto accidents. If your injuries are severe enough, your Las Vegas motor vehicle accident attorney can likely help you file a claim to recover benefits from the rideshare company’s insurance provider.
How Does Rideshare Insurance Work?
If an Uber driver or Lyft driver caused your auto accident, you’ll file a claim with their personal car insurance carrier to recover compensation up to the driver’s auto liability coverage limits. In Nevada, minimum required insurance is $25,000/$50,000 in bodily injury and $20,000 per crash in property damage.
Rideshare insurance carried by Uber and Lyft adds a layer of coverage when your damages exceed the negligent rideshare driver’s policy limits.
What coverage applies depends on the Uber driver’s status at the time of the crash.
When an Uber or Lyft driver is waiting for a ride request and ready to work, limited coverage of $50,000/$100,000 in bodily injury and $25,000 in property damage applies if there’s a wreck.
When a Lyft or Uber driver accepts a ride request, coverage increases to $1 million in auto liability coverage. Coverage remains in place until the ride is completed.
You file a claim with Uber or Lyft’s insurance provider, demonstrate that your damages exceed the driver’s policy limits, and request damages to cover the rest (up to the company’s policy limits).
Comparative Negligence Can Reduce Your Rideshare Accident Settlement
Sharing responsibility, even to a small degree, can limit your ability to recover compensation for Uber accident injuries. Under Nevada law, damages are reduced proportionately to shared fault up to 50 percent.
If you’re 10 percent to blame for a Lyft accident in Nevada, your settlement or jury award will be reduced by 10 percent of its value. Once your contribution is greater than all other parties combined, you lose the right to recover compensation from them or their insurance carriers.
Count on the insurance adjuster to try to shift liability so that your financial recovery is reduced. If you’re unprepared or don’t fight back, these tactics can deprive you of much-needed compensation on your road to recovery after a rideshare accident in Nevada.
Benson & Bingham can help you understand your legal rights, pursue every possible avenue for recovering compensation, and fight to protect you when the insurance company tries to limit your recovery. Contact our car accident attorneys in Nevada to discuss your Uber accident case today. Your first consultation is free.