The rise of ridesharing services like Uber and Lyft has transformed transportation in Oklahoma, offering a convenient alternative to traditional taxis. However, accidents involving these services present unique legal challenges that differ from typical car crashes. From determining liability to navigating intricate insurance policies, rideshare accidents require specialized knowledge and attention.
The Unique Challenges of Rideshare Accident Claims
Ridesharing Arrangement Definition
In Oklahoma, ridesharing arrangements, including those operated by Uber and Lyft, are defined as the transportation of persons in a motor vehicle where such transportation is incidental to another purpose of the driver. This definition explicitly includes carpools, vanpools, and buspools but clarifies that a ridesharing arrangement shall not be construed as a common carrier or for hire [Okla. Stat. tit. 47 § 1002].
Vehicle Registration and Classification
Vehicles used in ridesharing arrangements with a seating capacity for not more than fifteen persons, including the driver, are not considered motor buses or taxicabs for registration, equipment requirements, or rules of the road under Oklahoma law [Okla. Stat. tit. 47 § 1005].
Driver Classification
Drivers participating in ridesharing arrangements are not deemed commercial operators or drivers, nor are they considered to be transporting persons for compensation under the driver licensing provisions of Oklahoma Statutes [Okla. Stat. tit. 47 § 1006].
Insurance Requirements
There are specific insurance requirements for TNC drivers or TNCs on the driver’s behalf. These requirements include maintaining primary automobile insurance that recognizes the driver as a TNC driver and covers the driver while logged on to the TNC’s digital network and while engaged in providing prearranged rides. The insurance must provide coverage for death, bodily injury, and property damage, with varying coverage amounts depending on whether the driver is available to receive transportation requests or engaged in a prearranged ride [Okla. Stat. tit. 47 § 1025].
Determining Liability in a Rideshare Accident
Assumption of Liability
A peer-to-peer car-sharing program must assume liability for bodily injury or property damage to third parties or uninsured and underinsured motorist or personal injury protection losses during the car-sharing period, subject to certain conditions [Okla. Stat. tit. 47 § 1052].
Exclusions and Limitations by Insurers
Insurers who write motor vehicle liability insurance in Oklahoma may exclude coverage for any claim under a shared vehicle owner’s motor vehicle liability insurance policy when the vehicle is used for rent, sharing, hire, or any business use. This includes a wide range of coverages such as liability for bodily injury and property damage, personal injury protection coverage, and uninsured and underinsured motorist coverage [Okla. Stat. tit. 47 § 1055].
Coverage Exclusions by Insurers for TNC Drivers
Insurers may exclude all coverage afforded under the owner’s insurance policy for any loss or injury that occurs while a TNC driver is logged on to a TNC’s digital network or while providing a prearranged ride. This right to exclude coverage applies to various types of coverage included in an automobile insurance policy [Okla. Stat. tit. 47 § 1027].
Who Can File a Claim in a Rideshare Accident?
Several parties may be eligible to file a claim in an Oklahoma rideshare accident:
- Rideshare Passengers: Passengers have the strongest claim, as rideshare companies have a duty to protect them.
- Other Drivers or Pedestrians: Third parties may be able to file against the rideshare driver’s policy, the company’s policy, or both.
- Rideshare Driver: If another driver is at fault, the rideshare driver can seek compensation under certain circumstances.
The Importance of Legal Representation in Rideshare Accident Cases
An experienced Oklahoma rideshare accident attorney can provide invaluable assistance in navigating the complexities of these cases:
- Untangle Liability: Analyze the circumstances to determine who is responsible for your damages.
- Deal with Insurance Companies: Negotiate with multiple insurers and fight for the full compensation you are entitled to.
- Protect Your Interests: Ensure the rideshare company meets its insurance obligations and doesn’t try to minimize your claim.
Is the driver or rideshare company responsible if I’m injured in a car accident?
The responsibility for injuries sustained in a rideshare accident depends on the specific circumstances of the accident. If the rideshare driver was at fault, their personal auto insurance policy may provide coverage. However, if the driver was logged into the rideshare app and waiting for a ride request or actively transporting a passenger, the rideshare company's insurance policy would likely be the primary coverage. In some cases, both the driver's personal insurance and the rideshare company's policy may come into play.
Can I sue Uber or Lyft directly if their driver causes an accident?
In most cases, you would file a claim against the rideshare company's insurance policy rather than suing Uber or Lyft directly. These companies carry liability insurance that covers accidents caused by their drivers while they are working. However, if the damages exceed the policy limits or if there are disputes over coverage, you may need to consider legal action against the company.
Does the rideshare company’s insurance come into play no matter who’s at fault?
The applicability of the rideshare company's insurance depends on the driver's status at the time of the accident. If the driver was not logged into the app, their personal insurance would apply. If they were logged in and waiting for a ride request, the company's contingent liability coverage may apply. If the driver was actively transporting a passenger, the company's primary liability insurance would be in effect, regardless of fault.
What if my rideshare driver’s personal insurance doesn’t cover the damages?
If the damages exceed the rideshare driver's personal insurance coverage, the rideshare company's insurance policy would likely come into play. Uber and Lyft provide substantial liability coverage for accidents that occur while drivers are on the clock. If the damages exceed both policies, you may need to explore additional legal options to seek full compensation.
If another driver hits my rideshare vehicle, how does that change the claim process?
If another driver is at fault for the accident, their personal auto insurance would be primarily responsible for covering damages. However, you may still need to involve the rideshare company's insurance, especially if you were injured as a passenger.
Are there specific minimum coverage requirements for rideshare drivers in Oklahoma?
Yes, Oklahoma law mandates minimum coverage requirements for rideshare companies. When a driver is logged in but not engaged in a prearranged ride, the company must provide at least $50,000 per person and $100,000 per incident for bodily injury liability, and $25,000 for property damage liability. During a prearranged ride, these minimums increase to $1 million for bodily injury and property damage liability.
What happens during the period when a rideshare driver has the app on but doesn’t have a passenger?
When a rideshare driver is logged into the app but not actively transporting a passenger, they are considered to be available for ride requests. During this time, the rideshare company's contingent liability coverage applies. This means that if the driver's personal insurance does not cover an accident, the company's policy will provide coverage up to the specified limits.
Let Hasbrook & Hasbrook Fight for Your Rights After a Rideshare Accident
While the complexities of insurance and liability create hurdles, don’t assume you lack recourse if injured in a rideshare accident. The right attorney can help you obtain the compensation you deserve to cover medical expenses, lost wages, and pain and suffering. Contact Hasbrook & Hasbrook today at 405-605-2426 or visit our contact page to discuss your case and learn how we can help you navigate the unique challenges of rideshare accident claims in Oklahoma.