Georgia lawmakers enacted laws in 2015 granting rideshare companies the approval to operate across the state. While these companies, such as Uber and Lyft, are required to have auto insurance, that doesn’t necessarily mean that payouts come easily when an accident occurs.
When it comes to non-commercial automobile insurance coverage, the state of Georgia requires a driver to have a minimum coverage of $25,000 per person or $50,000 per crash. Rideshare companies are required to have insurance that far exceeds these minimums. However, a rideshare service isn’t going to pay for a claim if there is any way to avoid it.
Who Is Responsible?
So, if Uber, Lyft, or another service doesn’t have to pay a claim, how are your damages determined? Just like in any other type of accident, it will depend on who was at fault and how severe your injuries are.
- Passenger of a rideshare driver who was at fault – If the rideshare driver was at fault, you may be entitled to collect damages from the rideshare service policy. However, if the other driver was at fault, you would first have to collect damages from that driver’s insurance policy.
- Pedestrian or bicyclist struck by a rideshare driver – If the rideshare driver wasn’t transporting a passenger or responding to a call, you will be required to collect from the driver’s personal insurance policy. This may also result in you needing to collect compensation from your own insurance company as well. If the driver was transporting a customer or responding to a call, you may be able to collect from the rideshare company’s insurance instead.
- Driver of another vehicle struck by a rideshare driver – If the driver was on their way to a customer call or transporting a driver, you may be able to collect from the rideshare company’s insurance. However, if the driver wasn’t working, you would collect from the driver’s personal insurance policy. This may also require you to file a claim with your own insurance to cover your expenses. Keep in mind that due to comparative fault laws, you may also have your compensation reduced if the court finds you to be partly at fault.
- Passenger in another vehicle that is struck by a rideshare driver – Your compensation will likely be similar to the driver of the vehicle unless the driver of the car you are riding in is partially at fault. In that situation, you may be able to file claims against the rideshare driver as well as the driver of the car you were riding in. In the state of Georgia, each defendant is only liable for their own share of the damages that they caused.
Contact an Experienced Rideshare Personal Injury Attorney Today
The laws surrounding rideshare companies and drivers, insurance, and accident compensation are complex and confusing. That’s why you need an experienced Atlanta Uber Accident attorney on your side to ensure that your rights are protected. The Atlanta Uber Accident attorneys at Council & Associates, LLC can help ensure that your rights are protected and you get the compensation that you deserve. Contact us today to schedule a consultation.
Lashonda Council Rogers is a Personal Injury Attorney who practices in Atlanta, Georgia. She graduated from Howard University School of Law and has been practicing law for several years now. Lashonda Council Rogers believes her personal approach is the best way to defend her clients. Learn more about her experience here.