The short answer: After an Uber or Lyft crash in Tennessee, the coverage that pays for your injuries depends on what the rideshare driver was doing at the moment of the wreck. It ranges from the driver’s personal policy (app off) to a commercial policy of up to $1M (while heading to a pickup or carrying a passenger). Tennessee gives you just one year to file, so act quickly.
A rideshare crash leaves you shaken and unsure who is even responsible for your injuries. You never touched the wheel, and yet here you are: medical bills, lost work, and an insurance company that would rather point fingers than pay. If you were hurt in an Uber or Lyft accident in Chattanooga, here is how these claims actually work, and how a Tennessee Uber accident lawyer can help.
In this article, our Chattanooga car accident lawyers discuss:
– How rideshare insurance coverage works
– How to file a claim as a passenger, driver, or pedestrian
– How Tennessee’s comparative negligence rule affects your case
– Common insurance company tactics
– Tennessee’s one-year filing deadline
How Does Rideshare Insurance Work After An Uber Or Lyft Crash?
Coverage hinges on what the driver was doing when the crash happened. Uber and Lyft build their insurance around three phases:
– App off: Only the driver’s personal auto insurance applies. The rideshare company’s coverage is not in play.
– App on, waiting for a ride request: Uber and Lyft provide limited liability coverage. More than a personal policy, but far less than during an active trip.
– Heading to a pickup or carrying a passenger: The company’s commercial policy applies, generally worth up to $1M. If you were riding in the Uber, or another driver hit during this phase, this is usually the policy that matters most.
Not sure which policy covers your crash? Contact Dennis & Winningham today. Call 423-719-7564 for a free consultation.
How Do You File A Rideshare Accident Claim As A Passenger, Driver, Or Pedestrian?
How you file depends on your role in the crash, because that dictates which policies you can pursue.
– Passenger: You are almost always an innocent party, which makes your claim more straightforward. You may recover from the rideshare driver, the other driver, or both.
– Another driver: You file against whoever was at fault. If the rideshare driver caused the crash on an active trip, the company’s commercial policy may apply.
– Pedestrian or cyclist: You would pursue the at-fault driver’s coverage, which again turns on the rideshare driver’s app status.
How Does Tennessee’s Comparative Negligence Rule Affect Your Case?
Under Tennessee’s modified comparative negligence rule, you can recover only if you’re less than 50% at fault, and your compensation drops by your share of the blame. Tennessee adopted this “49%” rule of modified comparative fault in McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992), under which a plaintiff may recover so long as the plaintiff’s negligence remains less than the defendant’s, with damages reduced in proportion to the plaintiff’s share of fault. It’s stricter than the rules in many states. Twenty percent at fault means you lose 20% of your recovery. Cross the 50% line, and you may recover nothing, which is exactly why insurers work so hard to pin blame on you.
What Tactics Do Insurance Companies Use In Rideshare Cases?
The most common move is arguing over which coverage tier applies, since a lower tier means a smaller payout. An insurer might claim the app was off, or that the driver had not yet accepted your ride, to duck out of the $1M policy. They may also try to pin part of the fault on you. The attorney at Dennis & Winningham knows these tactics and can push back with evidence like app records and crash data.
How Long Do You Have To File A Rideshare Accident Claim In Tennessee?
In Tennessee, you generally have only one year from the date of the accident to file a personal injury claim. Under Tenn. Code Ann. § 28-3-104, actions for injuries to the person must be commenced within one year after the cause of action accrued. That is one of the shortest deadlines in the country, much shorter than in most states. Miss it, and you likely lose your right to compensation. If your crash happened on the Georgia side of the metro area, the deadline is two years, but waiting is still a mistake.
Don’t wait to protect your rights. Call 423-719-7564 for a free consultation.
Frequently Asked Questions About Uber And Lyft Accident Claims In Tennessee
I was a passenger in an Uber accident. Do I have a claim?
Yes, very likely. Passengers are rarely at fault, so you can usually pursue the party that caused the crash. During an active trip, Uber’s commercial policy, with coverage up to $1M, may apply.
Who pays for my injuries, Uber or the driver?
That depends on the driver’s app status and who caused the crash. During an active ride, the company’s commercial policy usually applies. With the app off, only the driver’s personal insurance is in play.
What does it cost to talk to a lawyer?
Your consultation with Dennis & Winningham is free. Ask about your rideshare accident claim and get honest answers before making any decisions.
Talk To A Tennessee Rideshare Accident Lawyer
Rideshare claims are trickier than typical car accident claims. More insurance policies, more parties, and more ways for a company to avoid paying. You don’t have to sort it out alone. Dennis & Winningham represent individuals injured in car accidents, truck accidents, and motorcycle accidents throughout Chattanooga and the surrounding Tennessee and Georgia areas.
Time is limited. Contact Dennis & Winningham today. Call 423-719-7564 for a free consultation.
