Rideshare services have become increasingly popular across Delaware and the rest of the United States in recent years. However, many consumers who use these services have questions about who is liable for their injuries, should their drivers get into crashes during their trips.
The Delaware General Assembly outlines the rules, insurance requirements and other protocols and rules Delaware rideshare drivers must follow. However, because rideshare liability issues are so new, courts, insurance companies and transportation network companies are still working out the processes involved in holding drivers accountable for injuries sustained in rideshare crashes.
Rideshare crash liability
Whether a rideshare driver is responsible for injuries sustained in a crash depends on the driver’s degree of responsibility for the incident and whether the driver was “on the clock” when the crash occurred. Typically, a rideshare driver is “on duty” if he or she has a customer in the car. He or she is also considered on duty if on the way to pick up a customer or on the phone arranging a customer pickup.
When another driver is responsible
If another driver caused the crash with a rideshare driver, the passenger may be able to obtain coverage from the at-fault driver’s insurance company. The passenger may, too, be able to get coverage through the driver’s personal injury policy, if applicable, or uninsured/underinsured motorist coverage.
When a passenger’s driver is responsible
When a passenger’s own driver is at fault for a crash, that driver’s rideshare company’s insurance covers up to $1 million. If a responsible driver was off-duty, his or her personal liability coverage comes into play.
Rideshare crash liability issues are often complex, and victims may experience considerable pushback from insurance companies while pursuing their claims.