Any type of auto accident can leave you feeling overwhelmed and worried about what comes next, but especially so if you are a victim of a ride-share accident in Portland, Oregon. You may not know what your rights are as a passenger or whether or not you can file an Uber passenger injury claim in Portland.
So, if you have been the victim of an Uber accident, contact a Portland personal injury lawyer as soon as possible. At Henderson Taylor Law Firm, our team of car accident lawyers has extensive experience handling car accident cases, including ride-share cases.
Keep reading to find out what your passenger rights are in a Lyft accident in Oregon and how you can file a claim.
Who Is Liable in a Ride-Share Accident in Portland?
One of the most complex aspects of a ride-share accident in Portland, Oregon, is proving liability. Any accident involving ride-share companies, such as Uber or Lyft, can create some challenges since liability can swing in multiple directions.
In some situations, the ride-share driver may be liable for negligent driving that directly caused the accident. In rare instances where the driver is not the vehicle owner, liability may extend to the actual vehicle owner, not the driver.
Also, another driver may be responsible if they were driving negligently and caused the accident. Or, sometimes, both drivers hold a certain percentage of fault, which would put the most liability on whoever held the highest percentage.
Liability could also fall on the ride-share companies insurance, depending on what the driver’s status was when the accident occurred. Here are some examples of how ride-share company insurance liability vs ride-share driver liability applies:
- Driver off-line: Even if the Lyft driver is working at the time of the accident, they may be off-line, which would result in their personal insurance coverage holding liability.
- Driver waiting or en route: If the driver is online and either waiting for a ride request or en route, most ride-share company insurance carriers provide limited coverage for accidents.
- Ride request accepted with passenger present: The ride-share company’s total commercial insurance coverage will apply to the accident if the driver is online, has accepted a ride request, and the passenger is in the vehicle.
Common Ride-Share Accident Injuries
Passengers can be at great risk for injuries in an Uber crash, depending on how serious the accident is. Even minor injuries can result in expensive medical bills and long recovery times, which is why you need to do everything that you can to get the compensation you need.
Here are some examples of the most common Uber and Lyft passenger injuries:
- Concussions
- Traumatic brain injuries
- Soft tissue injuries
- Broken bones or bone fractures
- Internal bleeding
- Spinal cord damage
- Whiplash
What Passengers Can Get Compensation For
If you want to move forward with filing a ride-share insurance coverage injury claim, you need to know what you can get compensation for. The good news is that in Portland, Oregon, there are many different types of damages you can receive after a car accident, even if you are just a passenger. This includes compensation for things like:
- Emotional distress
- Property damage
- Pain and suffering
- Lost wages
- Reduced earning capacity
- Medical expenses
- Loss of consortium
If you want to file a claim for any of these damages, it’s essential that you get representation from a Portland personal injury lawyer with experience in Uber accidents. An attorney will play a critical role in helping you collect evidence to build a strong case proving liability. They will also handle all communication on your behalf so that you aren’t pushed around by insurance companies.
Filing a Claim as a Ride-Share Passenger in Portland, Oregon
The first step in filing an Uber passenger injury claim in Portland usually involves figuring out who is liable. By doing this, you can file a claim with the right insurance company with the most evidence proving liability.
A personal injury attorney can help you determine who is liable and can also help you gather the necessary information. Even as a passenger, you need to gather as much evidence as you can, especially when it comes to your damages. This can include taking photos of injuries and property damage, saving medical bills and doctor’s notes, getting eyewitness statements, etc.
From there, your attorney can help you submit your claim, allowing the insurance company to start its own investigation. If necessary, your attorney can negotiate with the insurance company to settle on a fair compensation amount.
Hire an Experienced Car Accident Attorney at Henderson Taylor Law Firm
Like any type of auto accident in Portland, you have the right to file an Uber passenger injury claim to receive compensation for your damages. And although this may be a bit more complex than your average accident, you still have plenty of resources you can tap into.
At Henderson Taylor Law Firm, our experienced car accident lawyers are committed to defending the downtrodden and helping our clients get the representation they need. For expert legal assistance from one of our attorneys, contact us today at 360-737-1478 or fill out our online form.
FAQ Section
Can I sue Uber or Lyft directly?
Generally, no. This is because Lyft and Uber drivers are classified as independent contractors, which helps ride-share companies avoid direct liability. However, you may be able to bypass this if you can prove that the ride-share company had direct negligence. For example, it may have hired an unsafe driver.
Whose insurance pays for my injuries?
It depends on who is reliable and whether or not the Lyft driver was online or off-line at the time of the accident. Third-party insurance carriers may be liable, the driver’s personal insurance company may be liable, or the ride-share company’s commercial insurance policy may apply.
What if the ride-share driver wasn’t actively on a trip?
If the ride-share driver was off-line, their personal auto insurance policy applies to any auto accidents. However, if they were en route or waiting for a ride request without a passenger in the vehicle, limited ride-share company insurance coverage may apply.