What Happens if You’re in a Rideshare Car Accident

Big Leap • April 6, 2022

Car accidents on their own are stressful and frightening. It can be difficult to sort out insurance claims and police reports, but you may be more confused if you’re involved in a rideshare accident. There are other factors at play here, so it’s worth it to learn a little more. 

Why They’re Different

With a typical accident, you and the other driver or drivers will exchange insurance information and then you’ll each file a claim. However, in a rideshare accident it’s more complicated because there are technically more than two parties involved. When some works for a rideshare company, they are either covered by their own insurance or the insurance of the rideshare company they work for. The circumstance of the accident will determine which insurance company is involved and how this will affect you. 

How You’re Covered 

There are several different situations that could impact how you’re covered in a rideshare accident. Each situation will determine who will cover the costs of your injuries or damage to your vehicle. If the rideshare driver is not logged into the app and actively working for the rideshare company, then their personal insurance applies and it’s like any other accident. If they are actively working and logged into the app, then the rideshare company will cover claims of certain amounts. Companies like Uber and Lyft provide $1,000,000 policies, but the full amount is only applied if they have picked up a customer and the customer is in the car. The amount covered by the policy decreases if the driver is on the way to pick up a customer and it decreases further still if they are logged into the app but haven’t accepted a request yet. 

Who is Liable

In any accident, it’s important to establish who is at fault and which driver is liable for the situation. To establish this, you must call the police so they can file a report and determine who is at fault. An individual is at fault if certain conditions are met. A driver is at fault if they violate certain responsibilities including driving safely and following all laws while driving. In some instances, working through insurance claims can be difficult. Having an attorney help you with your case can ensure you get the best possible outcome for you. 

Rideshare accidents add a new level of concern since the driver is contracted by a larger company. These accidents can be more complex to navigate and you need to take time to understand how you will be affected. 

Have you been in a rideshare accident? Click here to find an attorney who can assist on your case. 

March 11, 2025
Comparative negligence is a critical concept in personal injury law, aiming to fairly allocate fault among parties involved in an accident. In Nevada, this system ensures that individuals receive compensation proportionate to their level of responsibility in an incident. Nevada's legal framework adopts a modified comparative negligence system, which includes the 50% rule. This rule stipulates that an injured party can only recover damages if they are 50% or less at fault for the accident. This approach balances accountability and compensation, allowing victims to receive fair settlements while discouraging negligence. The evolution of comparative negligence in Nevada reflects broader changes in the legal landscape. Historically, the state followed a contributory negligence model, which barred any recovery if the injured party was even slightly at fault. Over time, this was deemed too harsh, leading to the adoption of the more equitable comparative negligence system. This shift aligns with a national trend towards more nuanced fault allocation in personal injury cases. For more in-depth information on comparative negligence, consider visiting [Cornell Law School's Legal Information Institute]( https://www.law.cornell.edu/ ). Shared Fault and Its Impact on Compensation Determining shared fault in personal injury cases involves assessing each party's actions leading to the incident. Courts and insurance companies examine evidence such as eyewitness accounts, accident reports, and expert testimony to assign a fault percentage to each party involved. This percentage directly impacts the compensation an injured party can receive. For example, if a plaintiff is found 30% at fault in an accident resulting in $100,000 in damages, they would be eligible to recover $70,000. Being found partially at fault can significantly affect the overall compensation, as the reduction is directly proportional to the assigned fault percentage. Insurance companies often leverage comparative negligence to negotiate settlements, potentially arguing for a higher fault percentage to minimize payout obligations. Understanding these dynamics is crucial for victims seeking fair compensation. Comparative Negligence in Action: Real-World Examples Nevada courts have seen various personal injury cases where comparative negligence was a pivotal factor. For instance, in a notable case involving a multi-car accident in Las Vegas, the court meticulously examined each driver's actions to determine fault percentages. The plaintiff, initially seeking full compensation, was found to be 20% at fault due to minor speeding. Consequently, their compensation was adjusted accordingly, illustrating how fault determination impacts outcomes. These cases underscore the importance of thorough evidence collection and legal representation. In another case involving a slip and fall incident at a Henderson retail store, the court considered the plaintiff's footwear and the store's maintenance records. The plaintiff was deemed 10% at fault for not wearing appropriate shoes, affecting their compensation. Such examples highlight the nuanced nature of fault allocation and the importance of legal expertise in navigating these complexities. Comparison with Other States' Negligence Laws Nevada's modified comparative negligence law stands in contrast to other states' systems, such as pure comparative negligence and contributory negligence. In states with pure comparative negligence, a plaintiff can recover damages regardless of their fault level, even if it exceeds 50%. Conversely, contributory negligence states bar recovery if the plaintiff is even 1% at fault. Nevada's approach offers a middle ground, promoting fairness and accountability. The pros of Nevada's system include a more balanced fault assessment, encouraging responsible behavior while still allowing victims to seek compensation. However, critics argue that it may still limit recovery for some victims compared to pure comparative systems. For a comprehensive comparison of state negligence laws, visit [Nolo's legal encyclopedia]( https://www.nolo.com/legal-encyclopedia/state-negligence-laws.html ). Tips for Victims to Minimize Their Share of Fault Personal injury victims can take several steps to minimize their fault percentage and strengthen their cases. Gathering robust evidence is crucial; photographs of the accident scene, witness statements, and police reports can provide valuable support. Ensuring timely medical documentation also helps establish the extent of injuries. Legal representation plays a vital role in effectively presenting a victim's case. Experienced attorneys can skillfully argue against inflated fault claims and negotiate better settlements. When communicating with insurance companies, maintaining consistency in statements and promptly addressing inquiries can prevent misunderstandings that might increase perceived fault. By following these strategies, victims can enhance their chances of receiving fair compensation while navigating Nevada's comparative negligence system. Understanding the intricacies of this legal framework is essential for those seeking justice in personal injury cases .
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