When Winning Is Your Only Option

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Who pays for injuries from rideshare crashes in Las Vegas?

by | May 6, 2019 | Firm News | 0 comments

If you were to sustain injuries in a taxi accident in Las Vegas, the taxi business would probably have some sort of insurance that would cover the driver’s — or the company’s own — liability. For a rideshare service, even though some may consider it a taxi of operation, the company may not have to offer the same protections.

This is not as much of a personal injury lawsuit issue as it is an employee classification problem. The law regarding companies like Uber’s drivers’ employee versus independent contractor status would be the defining factor in whether the company had to provide insurance to cover its drivers. What this means to you is that by taking a taxi, you would likely have a more certain injury coverage than if you were taking an independent contractor driving for Uber.

Determining who is at fault

At a more basic level, this involves who is liable for injuries you sustained during a car crash. For example, if you were driving your own car and another vehicle struck you, that person could be liable to pay for all of your property damages, pain and suffering and your medical costs. If a commercial vehicle hit you, then all of the responsible parties, such as the trucking company, the driver, the maintenance company and the equipment manufacturer for the truck could all be liable, depending on the situation.

Pursuing responsible parties

As you can see, the laws regarding Uber employee classification would determine whether or not the massive multimillion-dollar tech giant held any responsibility for your injury. If your driver held all the responsibility, you would be covered at best by an independent contractor’s commercial vehicle insurance plan and at worst by the personal resources of the driver if he or she was uninsured or carried the incorrect policies.

Dealing with insurance issues

Unfortunately, some people who drive for rideshare programs in Las Vegas do not carry the type of insurance they need. Some are simply unaware that their personal vehicle policies do not care it do not cover commercial activity. This could become complicated if you had a serious injury that required surgery, imaging or prolonged treatment.

Depending on your case, the details could lead to the necessity for pursuing legal action to retrieve the payment that you need to put your life back together after an injury. This could take the form of a personal injury lawsuit that settles out of court. It could also involve more complicated court action, such as establishing liens on the driver’s real estate or personal property.