You were just doing the right thing. You made the choice to be safe and let someone else do the driving. You chose to utilize one of the rideshare services such as Uber or Lyft. During that Uber or Lyft drive an automobile accident happened and you were injured. What are my rights?
Who Will Pay The Medical Bills?
In order to find out who will be responsible for your no-fault benefits (medical bills, wage loss and help around the house) a determination has to be made based on the order of priorities under Michigan law. Under Michigan law, if you have been injured in a rideshare accident, your Michigan no-fault claim will be made against the following, in order of priority:
- Your own auto insurance policy.
- Next a resident relative’s auto insurance policy. This means that you would be making a claim against the auto insurance company of someone who lives with you that is related to you by blood or marriage.
- Lastly, if the other two options above are not possible, a rideshare passenger will receive no-fault benefits from the insurance company that covers the rideshare company vehicle (if coverage is not available through any other source under any other policy).
What Am I Entitled To?
Once you have established which insurance company is of the highest priority, you will be entitled to the following benefits:
Wage loss: You would be eligible to receive up to three years of wage loss at 85% of your pay as long as your doctor disables you from working as a result of your automobile accident related injuries
Help around the house: If your doctor determines that you are unable to do household chores as a result of your auto accident related injuries, your helpers can be paid up to $20 a day for assisting you on a daily basis.
Medical bills: If you incur medical expenses as a result of automobile accident related injuries, the insurance company will pay your reasonable, necessary and related medical expenses up to the amount of coverage that you purchased from the insurance company.
Do I Have Any Rights Against The Drive Who Caused My Accident?
The accident was not your fault. After all, you were just a passenger. So, as a result of the accident, you have a potential claim against your own driver or the other driver who caused the accident. Who you make your claim against will be dependent upon who caused the accident. Sometimes, the accident was caused by a combination of negligence by both drivers. In that case, you can sue both drivers. The damages that you are entitled to as a result of the accident are as follows:
Pain, suffering, fright, shock, embarrassment, humiliation, depression, stress, and anxiety. Also, any permanent serious disfigurement that you may have as a result of the accident would be compensable against the driver or drivers who caused the accident issue.
Additionally, under recent changes to Michigan Law, if you did not purchase medical coverage through your own auto insurance company, you are entitled to sue the driver who caused your accident for any medical expenses that are not covered by your auto policy.
What If You Are a Pedestrian or Bicyclist That Is Hit By a Rideshare Driver?
Consistent with the rights of a passenger, your first party no-fault benefits would be covered by your own auto insurance policy first followed by that of a resident relative. If you or a resident relative do not have an auto insurance policy, you would then turn to the Michigan Assigned Claims Facility who will assign an insurance company to you who will pay up to $250,000 in medical benefits to you for treatment related to injuries from your automobile accident. Additionally, if the rideshare driver was at fault, a pedestrian or bicyclist will be able to sue for pain and suffering damages as well as economic loss against the rideshare driver.
The Rights of a Rideshare Driver
Since you are the driver of the automobile and presumably the owner, your first party no-fault benefits would go through your own auto insurance company for the car in which you are driving at the time of the accident. Additionally, you can sue the driver who caused the accident so long as that driver is at least 50% at fault for causing the accident issue.
What To Do Following a Rideshare Accident
Things happen fast during and after and accident. It’s important to write down the name of your rideshare driver, the company they work for, get the names of any witnesses, speak to the police and obtain the police report number before leaving the scene of the accident if you are able. Next, you should get treatment for your injuries related to the accident so that your injuries can be proven by medical evidence.
Injured in a Rideshare Accident?
Call the experienced attorneys at Femminineo Law to represent you in your rideshare accident. The attorneys at Femminineo Law have been representing rideshare passengers for over 25 years. They can help you right now. Call today at 855.65.CRASH or contact us.
