Rideshare Accidents

Overview

Rideshare companies, such as Lyft and Uber, which started out as a convenience for the tech-savvy in major metropolitan areas, are now prolific across the country. As their popularity has spread, accidents involving rideshares have increased. Some research has even suggested that ridesharing increases the number of fatal traffic accidents in an area. Injured victims of rideshare accidents are often stuck in a battle between rideshare drivers and rideshare companies (a.k.a. transportation network companies or TNCs) about who is responsible for maintaining insurance, and who is liable for damage and injuries.

The law is finally catching up with the rideshare industry, and rideshare accident victims now have more transparent rights and protections. In Delaware, the Office of Public Carrier within the Delaware Department of Transportation, regulates rideshare companies. It provides rules for TNCs operating in Delaware, including requirements for background checks, permits, and insurance. Rideshare drivers and/or the rideshare company must maintain minimum levels of auto insurance to protect their passengers or other injured victims in the event of an accident. Insurance companies now have policies specifically designed for rideshare drivers, and some rideshare companies even offer their own insurance policies.

If you are injured as a passenger or other victim in a rideshare accident in Delaware, you have options. You should be able to claim compensation for some of your losses from the insurance company of the driver of your vehicle and/or the at-fault driver. However, even with clearer regulation and increased insurance coverage, there are often disputes about fault and liability in a road accident. Drivers and insurers will try to push the blame and cost of an accident onto someone else, especially if their livelihood or business reputation is at stake.

As a victim, you need someone to protect your rights and ensure your voice is heard. At Morris James, we have represented injured victims in road accidents for over three decades. We are well versed in the laws, insurance requirements, insurer strategies, and how to combat them. We will listen to your story and help you get the compensation you need and deserve.

If you have questions about rideshare accidents or have been injured in a rideshare accident, contact us online or call us at 302.655.2599 to learn more.

Rideshare Accident FAQs

What is a rideshare?

A rideshare is an arrangement similar to a taxi where passengers request a ride for a fee, usually via a website or app, and the driver uses their private vehicle for the trip. Unlike most taxis, however, rideshares cannot be hailed from the street, and the driver is not an employee driving a taxi company vehicle therefore different laws apply. Lyft and Uber are popular rideshare companies in the U.S.

What is a TNC?

TNC stands for transportation network company, which is the technical term for a rideshare under Delaware law.

Do rideshare drivers need a special permit in Delaware?

Yes. Rideshare drivers must obtain a permit from the Delaware Department of Transportation’s Delaware Transit Corporation, meet certain requirements for the permit, and pay an annual fee.

Are rideshare drivers required to have insurance in Delaware?

In Delaware, there are specific insurance requirements for rideshare drivers. The insurance requirements are different depending on whether the driver has a passenger in their vehicle or is simply logged into the TNC network awaiting a passenger request.

When a driver is logged on to the TNC digital network and is available to receive transportation requests but does not have a passenger, the driver, the TNC, or a combination of both, must carry:

Primary automobile liability insurance of at least $50,000 for death and bodily injury per person, $100,000 for death and bodily injury per incident, and $25,000 for property damage; and
Personal injury protection (PIP) benefits as for any Delaware vehicle owner, which is currently a minimum of $15,000 per person injured in an accident and $30,000 per accident.

When a rideshare driver has a passenger in their vehicle, the driver, the TNC, or a combination of both, must carry:

Primary automobile liability insurance of at least $1,000,000 for death, bodily injury and property damage; and
Personal injury protection (PIP) benefits as for any Delaware vehicle owner, which is currently a minimum of $15,000 per person injured in an accident and $30,000 per accident.
Uninsured and underinsured motorist coverage of at least $1,000,000 for death, bodily injury, and property damage (effective April 14, 2023).

Some rideshare companies, such as Uber and Lyft, offer their drivers company-specific insurance policies. These policies differ from personal auto insurance policies and therefore should be carefully reviewed to understand coverage.

What should I do if I have been hurt in a rideshare accident?

If you have been hurt in a rideshare accident, you should first tend to any injuries, and get to a safe place. If anyone is injured in the accident, call 911 to summon an ambulance, the police, and any other emergency services. Even if you think you only have minor injuries, you should seek medical attention as soon as possible after an accident. Some seemingly minor injuries can become more severe or aggravated, and your health is the first priority. A medical report is also important to any claim for compensation for your injuries.

When injuries have been tended to, you should gather evidence of the accident, including the name, contact details, and insurance details of your rideshare driver, contact details of anyone else involved in the accident, and photographs or videos of the scene of the accident. The police will also prepare a police report about the accident, which is usually available at a later date.

Finally, call an attorney. An experienced rideshare accident attorney, like the attorneys at Morris James, will be able to advise you on your rights and options under the law, and help you get compensation for your injuries. Rideshare accidents can be complicated because of the parties involved and the developing law in this field. If you do not get good legal advice, you could risk losing out on the compensation that you are entitled to by law.

What compensation can I get if I am injured in a rideshare accident?

If you are injured in a rideshare accident, you are entitled to certain benefits under the auto insurance policy of the rideshare driver or company. Their PIP insurance coverage should cover your medical bills (including pharmacy bills, ambulance fees, physical therapy bill, and other medical expenses) and lost wages and benefits up to at least the minimum PIP coverage limits of $15,000. PIP benefits will not compensate you for pain and suffering in an accident. To recover for pain and suffering, you would need to bring a claim for compensation against the liability insurer of the at-fault driver. If the driver or TNC’s PIP coverage is not sufficient to cover your losses, you may also be able to pursue a claim against the liability insurer of the at-fault driver.

Do I need a lawyer if I have been injured in a rideshare accident?

Rideshare accidents can be complex because more parties are involved, there is a business relationship between the driver and the company, and the law in this area is relatively new. In a rideshare accident, there will be a rideshare driver, a rideshare company, and at least one passenger, as well as drivers and passengers in other vehicles. The insurance companies of each of these parties will also be involved. In addition, the legal relationship between the driver and rideshare company may affect the determination of who is at-fault in the accident, and/or who is liable for compensation. Each party and insurance company involved in the accident will try to avoid or reduce liability for these expenses, and will fight each other and you to protect their own interests. Meanwhile, you are dealing with injuries and mounting expenses from medical care and missed work as a result of the accident.

You need someone on your side who will represent your interests, and navigate the laws and relationships involved to get you the maximum compensation for your injuries while you focus on healing. An experienced rideshare accident attorney, like the attorneys at Morris James, understands the strategies that insurers use to try to reduce their exposure and will work hard to protect you from further loss.

At Morris James, our attorneys have been standing up for personal injury victims for over three decades. If you have other questions about rideshare accidents or if you have been injured in a rideshare accident, contact us online or call us at 302.655.2599 to learn more.