Oregon Rideshare Liability: Who’s Responsible After an Accident?

Rideshare services have proved a hit since Uber began operating in Portland in 2014. Uber and Lyft dominate the market, and many people appreciate handing over responsibility for driving to someone else — especially after a night out. However, rideshare vehicles are just as likely as everyone else to get into an accident. In fact, research by the University of Illinois, Chicago, indicates that one-third of rideshare drivers have been involved in an accident while on the job. 

Cell phone use, fatigue, and driving unfamiliar roads were all cited as reasons for the accidents. The added complication is that rideshare passengers are not friends; they are paying guests. If you have been injured in a rideshare accident, the first question to answer is, who is liable? To navigate this legally complex question, you need an experienced Portland rideshare attorney to guide you. 

The car accident lawyers at Johnston Personal Injury Law Firm have the skills and experience you need to help you pursue a successful outcome and secure your future after suffering rideshare accident injuries. Call us today for a free consultation with an experienced and compassionate attorney, or contact us online, and we will call you back. 

Untangling Rideshare Accident Liability

Before we can answer whether you can pursue the rideshare company for damages, we need to understand how fault is determined in Oregon auto accidents. Oregon is a fault car accident state, which means the at-fault parties are liable for accidents and must pay damages to injured parties. However, if you have car insurance and get into an accident with a rideshare vehicle or while traveling in one, you would first claim against your personal injury protection insurance (PIP) no matter who was at fault. 

PIP covers your medical expenses, a percentage of your lost wages, funeral expenses, and other expenses related to your accident up to your policy limits. PIP coverage is limited, with Oregon motorists only able to purchase policies with a maximum coverage of $100,000.

If your losses exceed this amount, or you do not have car insurance, you will need to file a claim with the negligent party’s insurance company. However, working out who the negligent party is may require the experience and legal knowledge of an Oregon car accident attorney.

Oregon law on rideshare company insurance

On January 1, 2022, House Bill 2393 came into effect in Oregon. The bill requires rideshare companies like Uber and Lyft “to provide motor vehicle liability insurance policy with personal injury protection benefits to each driver who operates personal motor vehicle in affiliation with transportation network company.”

Put simply, the rideshare company has to provide PIP, which means a minimum of $15,000 coverage for each person involved in the accident. It can cover lost wages up to $3,000 per month for up to 52 weeks, which can come into effect from 1 to 6 years after a rideshare accident. 

Rideshare company insurance policies

While rideshare companies may be keen for you to believe the rideshare driver is liable for your accident, this may not be the case. It is important to investigate whether the rideshare company is at least partially liable, as they have much deeper pockets than the driver. Each rideshare company will have slightly different policies, and a rideshare accident attorney can thoroughly investigate the terms that apply in your case.

However, rideshare policies are typically arranged on this basis:

• Unavailable driver: If a rideshare driver gets into an accident while off-duty and is marked as unavailable on the app, the rideshare company usually has no liability. The usual procedure of claiming against the negligent driver’s insurance would apply as in any other car accident. This is most likely to apply if a rideshare driver hits you as a pedestrian.
• Available but no passenger: If a rideshare driver is marked in the app as available for work but does not have a passenger or a booked ride (fare) and hits you, there may be two options. The rideshare driver’s personal insurance may cover your injuries, but if it does not, the rideshare company’s insurance policy may provide some coverage.
• Has a fare or a passenger: If the rideshare driver is on the way to collect a passenger or has a passenger in the car and gets into an accident, the rideshare company’s insurance policy may become fully operational. This typically offers protection to the driver, passenger, and third parties. However, deductibles may apply. 

Uber and Lyft follow the system outlined above. If the driver is off-duty, neither company provides any insurance coverage. However, when a driver is online and available, Uber and Lyft’s insurance will cover $50,000 per person or $100,000 per accident for injuries, with an additional $25,000 for property damage.

If a driver is on a trip or heading to a pickup, the coverage increases to $1,000,000 for property damage and injuries to passengers and third parties. Therefore, after a rideshare accident, it makes sense to find out if you were covered and try to claim against these policies, which are likely much more substantial than the driver’s personal auto insurance.

Other drivers may be liable

Do not forget that the accident may not be the rideshare driver’s fault. The accident may have been either fully or partially caused by another driver’s negligence. In this case, you may also need to file a personal injury claim with the at-fault driver’s insurance company to secure fair compensation. 

Comparative negligence in rideshare accidents

Multiple parties who contributed to the rideshare accident may share liability for the accident. In this situation, Oregon’s modified comparative negligence laws would come into effect. 

In Oregon, anyone who was less than 51 percent liable for the accident can claim compensation. However, the compensation each at-fault party is entitled to would be reduced by his or her degree of negligence.

How Rideshare Accident Lawyers Pursue Compensation

To prove liability, a Johnston Law Firm rideshare accident attorney can thoroughly investigate your accident to build a clear picture of what happened and who was liable. 

Evidence of liability may include:

• Police reports
• Dashcam footage
• Photos and videos from the scene
• Eyewitness accounts
• Security camera footage

Your attorney can also request access to the rideshare company’s records. These can prove whether the driver was logged in, available, or actively fulfilling a booking at the time of the accident. As we discussed, this will greatly affect whether the rideshare company is liable.

Proving your economic losses

As well as gathering compelling evidence to prove liability, a rideshare accident attorney must also demonstrate the extent of your losses. Filing a claim for compensation against the rideshare driver, company, or a third party gives you the opportunity to recover compensation that would not be available under PIP coverage.

Your attorney will gather evidence to prove you are entitled to the following compensation:

• Medical expenses: Keep all medical bills related to your accident. If you suffered catastrophic injuries and will need ongoing medical treatment, your attorney may work with medical expert witnesses to build a strong case for compensation that will provide for your long-term needs.
• Lost wages: Evidence could include a letter from your employer or employment documentation stating your wages, bonuses, overtime, and lost perks.
• Property damage: If you sustained damage to your personal property during the accident, you may be able to claim the cost of repairing or replacing it.

Pursue non-economic compensation

Filing a claim also allows you to pursue non-economic damages, which are not covered by PIP.

Depending on the impact of your accident, non-economic damages may include:

• Pain and suffering
• Emotional anguish
• Disfigurement
• Loss of consortium
• Loss of enjoyment of life

Proving these losses can be more challenging as they are intangible. A rideshare accident attorney may use medical records and testimony from family and friends to demonstrate the extent of your pain and suffering. A mental health expert can testify to the psychological impact of your accident and speak to its impact on your daily life.

Play hardball in negotiations

Whether you are pursuing compensation from the rideshare driver, company, or a third party, they all have one thing in common — insurance companies do not want to pay a penny more in compensation than they have to. In fact, insurers will attempt to undermine or deny claims to reduce settlement values and protect their bottom line. For this reason, rideshare accident victims should never try to pursue compensation without legal representation. 

To even the playing field, you need a Johnston Personal Injury Law Firm attorney on your side who battles insurance bullies every day. Our lawyers have seen all these tactics before and know how to build strong cases that give you the best chance of securing the compensation you need.

Most rideshare accident cases can be settled through negotiations. However, if securing a fair settlement at the negotiating table proves impossible, Johnston Law Firm attorneys are ready to fight for your rights in court.

Represent you in court

Rideshare accident cases are most likely to come to court when there are disputes about liability. A Johnston Law Firm attorney can present your case to the judge or jury, calling on witnesses and presenting evidence to prove the other party/parties are liable. The other party will then have an opportunity to do the same, and both parties can cross-examine witnesses. 

Finally, the judge or jury will render two judgments — who was liable and the amount of damages due to the plaintiff. If you do not receive the outcome you had hoped for, it is possible to appeal against the decision.

Trust Johnston Personal Injury Law Firm With Your Rideshare Accident Case

Rideshares are supposed to make our lives easier, not turn them upside down. If you are reeling from rideshare accident injuries, do not try to untangle this complicated situation alone. Instead, entrust your case to the capable and experienced attorneys at Johnston Personal Injury Law Firm.

Our goal is to be a trusted advisor to our clients. You can be sure that we will listen carefully to your story and evaluate all legal options when advising you. If we agree to take on your case, we will use our years of training and experience to give you the best chance of a successful outcome. Our results testify to our proven track record in securing outstanding results for auto accident victims. 

Do not let the rideshare company’s insurance company bully you into thinking you do not have a case. Request a free consultation with a compassionate and knowledgeable Portland rideshare accident lawyer today by calling our office or completing our contact form.