Uber & Lyft Accident Attorneys in Oregon

Ridesharing technology, led by Uber and Lyft, has transformed public transportation, making it easier and more affordable for the residents in Oregon and other parts of the country to find a ride.

However, one of the challenges with ridesharing services is that many of the drivers of Uber and Lyft may not have received the desired level of professional training and experience.

Unlike conventional cab drivers, virtually anyone who knows driving can work for these app-based rideshare companies. The driver is required to pass only minimal background checks, which increases the chances of accidents involving Uber and Lyft drivers in Oregon.

Victims of such accidents, who could be passengers, other car drivers, cyclists, or pedestrians, may not know who is liable and how to file a personal injury claim in Oregon in such cases. Sometimes both the driver’s insurance company and the rideshare company (Uber, Lyft, or other such operators) may be liable for damages.

However, the laws surrounding Uber and Lyft driver insurance liability are complex and still evolving. Victims should consult with a qualified Uber and Lyft accident attorney in Oregon who has specialized knowledge of the law pertaining to this specific area.

Higher Stakes for Insurers to Deny Claims

Uber and Lyft are both multi-billion dollar companies that have high stakes to protect their assets. Therefore, they provide insurance coverage for their drivers, which is usually $1 million in liability coverage and $1 million in uninsured or under-insured motorist coverage.

However, with the high coverage limits, the insurer and the ridesharing company both have an interest in denying or minimizing the settlement for victims, and will often create a complex maze that the victim will find hard to navigate.

It takes a skilled Uber and Lyft attorney in Oregon to force the insurance company to assume liability and provide a fair settlement to the victim and their family.

What should I do after an Uber or Lyft Accident in Oregon?

Rideshare insurance is different from the private car insurance in several ways, which every Uber and Lyft rider in Oregon should be aware of. A key mistake many accident victims make is to believe that the ridesharing company will automatically provide them a fair settlement.

However, the reality is that Uber and Lyft are for-profit businesses, which will always prioritize the interests of their profit stakeholders over the interests of the victim.

In absence of right legal advice and thorough preparation to pursue the rightful claim, the victim could be left seriously in the lurch after suffering personal injuries in a Uber or Lyft accident in Oregon.

To file a personal injury claim against a ridesharing company in Oregon, you should be one of the following:

• A rideshare passenger or another driver who has sustained injuries in an accident due to the fault of a ridesharing driver. In this case, the ridesharing firm’s liability insurance will generally compensate you. Exceptions are possible in a situation where the driver was not carrying a passenger at the time of the accident.
• A rideshare driver injured in a collision that occurred due to another’s fault. If the at-fault driver is uninsured or under-insured, you could file a claim against the ridesharing company’s uninsured/under-insured motorist (UM/UIM) insurance policy.
• A rideshare passenger who has sustained injuries in a Lyft or Uber accident, regardless of which party is at fault. The ridesharing company’s UM/UIM insurance policy could extend to the passenger if the at-fault driver has no or little insurance.

If you are a ridesharing driver in Oregon who has suffered injuries in accident due to your own full or partial fault, it may be difficult for you to recover damages from the ridesharing company’s insurance. In such case, you may have to depend on your personal auto insurance policy.

However, these insurance companies may often deny coverage for a commercial accident. An experienced Uber or Lyft accident lawyer in Oregon can help in these circumstances.

Can Uber or Lyft be Held Directly Liable in Oregon?

Uber, Lyft, and other rideshare drivers have a duty under Oregon law to exercise the same degree of care that any other reasonable commercial driver will apply under similar circumstances.

In addition, commercial passenger drivers in Oregon owe a legal duty to their passengers to ensure that the automobile they are driving is properly maintained. Oregon rideshare accidents in recent years have put a question mark on whether Uber, Lyft, and other rideshare operators are living up to this legal duty of care.

This question becomes more complicated due to the fact that in Oregon Uber and Lyft are not required to classify their drivers as full employees. Therefore, their defense is that they do not have the legal responsibility for the actions of their drivers in the same way as other employers do.

However, the victims of Uber and Lyft accidents in Oregon could still have a potential lawsuit against the ridesharing company after an accident. This area of Oregon law is still evolving, and judicious Uber &  Lyft accident attorneys in Oregon can help in successful negotiation and litigation of your claim.

Tricky Issues with Uber and Lyft Insurance Claims

The commercial insurance policy coverage of $1 million with Uber and Lyft in Oregon comes with a catch. This insurance will only cover damages that occur while the ridesharing app is activated.

When the driver is going to and from their home, or is waiting to be hired by a customer through the app, any loss occurring during this period will only be covered by the driver’s personal insurance policy.

This could result in a situation where the at-fault driver is drastically under-insured. Worse still, the driver’s personal insurance company could choose to challenge the claim and deny liability by arguing that the driver was actually on the job when the accident occurred.

Oregon law requires an individual to carry just $25,000 in liability insurance coverage.

Secondly, Uber and Lyft in Oregon are permitted to operate without carrying the same PIP (Personal Injury Protection) Benefits that all other motorists must carry. Moreover, as the passengers are using the ridesharing service commercially, their personal auto insurance policy’s PIP benefits may not be applicable.

This is possibly a serious hole in the current Oregon statutory system that needs to be reviewed. As of now, this leaves the passengers using Uber or Lyft to use their personal medical insurance instead of the PIP benefits that would typically apply.

Considering these complex areas of the laws, the victim of an Uber or Lyft accident in Oregon should seek legal advice from a lawyer specializing in this area.

How Can the Attorneys at Dwyer Williams Cherkoss Help You?

The team of attorneys at Dwyer Williams Cherkoss in Oregon has the expertise to successfully negotiate and litigate on your behalf for personal injury damages in a ridesharing accident involving Uber, Lyft, or another operator.

We will carry out a professional investigation into the accident to determine fault and examine other critical issues such as:

• Did the rideshare company perform a thorough background check before hiring the at-fault driver?
• Was the at-fault driver’s vehicle in compliance with the established standards of Uber or Lyft as well as the local Oregon regulations?
• Did Uber or Lyft provide adequate training to the driver before allowing them to drive commercially?
• Did the ridesharing company receive any complaint in the past about the driver, and if yes, what corrective or disciplinary action did they take?

If you or a loved one has been involved in a ridesharing cab accident in Oregon, you should contact a competent and caring Uber & Lyft attorney at Dwyer Williams Cherkoss. Call 1-800-285-8678 today! What is your side of the story?