Injured in a Rideshare Accident in Nevada? Your Legal Rights Explained

Ridesharing services have become a standard method of commuting in Nevada. People entrust transportation network companies, like Uber and Lyft, to offer convenience and accessibility with just the tap of a button. Although these benefits have improved the quality of traveling, there are some downsides that should not be overlooked.

As rideshare drivers continue to increase on Nevada roads, chances of an accident are more likely to occur during a trip. With this in mind, we have established a guide that includes necessary actions that should be taken after such an event.

Understanding Rideshare Accidents in Nevada

Rideshare accidents are different compared to regular car accidents, especially with liability and insurance claims. In Nevada, Uber and Lyft are required to have specific insurance coverage implemented to provide protection to those involved in a collision. 

But, identifying the responsible party and communicating with an insurance company can be challenging. Understanding what your rights are as a passenger or driver and the legal issues associated with these services are important factors that should be considered when dealing with a rideshare accident.

What to Do After a Rideshare Accident

Getting into a rideshare accident can be a frightening experience. Although it is easier said than done, you should try to fulfill the actions sectioned below to ensure your well-being and protect your rights.

Seek Immediate Medical Attention

If you were harmed in a rideshare accident, you should seek medical care immediately after to prevent your condition from worsening. All doctor visits, prescriptions, and/or surgical procedures will be documented and saved on file. You can request a copy of your medical records to use as proof that your bodily injury was caused by the ridesharing accident.

Failing to act quickly can influence the opposing side to argue that the injury was provoked by another factor or that it was not as serious as you claimed.

Document the Accident Scene

Be sure to take note of what you witnessed in the rideshare accident. Do not forget to include the date and time of when the event occurred. If you notice any bystanders who were present during the collision, you should jot down their contact information. Acquiring witness statements can benefit you if you plan on moving forward with filing a rideshare accident claim.

Report the Rideshare Accident

When reporting an Uber or Lyft accident, it is important for drivers and passengers involved to provide detailed information about the incident to the respective rideshare company and/or local law enforcement. Being cooperative and responsive with either party can help resolve the issue accordingly.

Depending on your status, you could have a different approach when it comes to documenting and communicating the incident over to the ride service provider and/or the authorities.

Passengers

As a passenger, you should report the ridesharing accident to the respective company in which the assigned driver was working under when the crash took place. Remember to screenshot or write out any important details, like:

• Date and time of the trip
• Driver’s name
• Vehicle specifics
• Incident description
• Your contact information

You may also reach out to your local law enforcement if you sustained any injuries.

Non-Rideshare Drivers

Non-rideshare drivers involved in an Uber or Lyft accident are advised to fulfill the following:

• Contact the police if you notice any bodily harm or damages that are present at the accident scene
• Exchange contact, vehicle, and insurance details with all parties involved
• Report the incident over to your insurance company

Speak to a Nevada Rideshare Accident Lawyer

A rideshare accident lawsuit can be tricky to handle on your own, especially since it could involve more than just one party. It is important to find the right support system to guide you through any challenges you may come across to help better your likelihood of acquiring a reasonable outcome.

Here at West Coast Trial Lawyers, we value each of our clients and make it a top priority to ensure they are all well-taken care of. Our Nevada rideshare accident lawyers are highly skilled in proving damages so that you can get the justice and compensation you deserve for your losses.

Types of Insurance Coverage Available for Rideshare Accidents

With Uber and Lyft insurance policies, a rideshare accident will be evaluated and resolved depending on what particular phase the assigned driver was in moments before the event occurred. You can take a look at the sections below to learn what coverages are offered.

Phase 0

This phase applies when the vehicle is struck while the app is offline. The driver’s personal insurance coverage will need to be used to pay for any damages caused by the impact.

Phase 1

If a rideshare driver was involved in a collision while they were online and waiting for a ride request, the following will apply:

• $50,000 per individual
• $100,000 per accident for injuries
• $25,000 in property damage

Phase 2 and 3

In these phases, the driver is online and en route or on a trip. Given either circumstance, rideshare companies will provide:

• At least $1,000,000 for third-party auto liability coverage
• First party coverages, like Personal Injury Protection (PIP), uninsured/underinsured motorist coverage (UM/UIM), and/or Occupational Accident coverage
• Repair costs up to the vehicle’s actual cash value (with a $2,500 deductible). This is applicable only if the rideshare driver has comprehensive and collision coverage on their personal auto insurance policy

Knowing the Legal Challenges of a Rideshare Accident in Nevada

Understanding the legal challenges of a rideshare accident is important for victims as it can help them get an idea of how to approach the situation accordingly. Since multiple parties could be involved in the collision, determining liability and what insurance policies may take into effect may be complicated.

To make sure you accurately identify the responsible person or entity, you will need to gather as much evidence as you can to prove fault. In some cases, vicarious liability may apply. For instance, if the incident was caused by an unqualified rideshare driver, the company who hired them could face legal repercussions for allowing the individual to offer services they were not suited to fulfill.

Since Uber and Lyft drivers are classified as independent contractors, it can be difficult to involve the rideshare company into the lawsuit. To learn whether you have the right to sue both parties, you can get in touch with our Nevada rideshare accident lawyers. We will evaluate the evidence provided to figure out how the case should be handled.

Now, let’s shift our focus over to damages. Rideshare accident victims should focus on gathering records that proves what losses they encountered after the crash, like:

• Medical costs
• Lost wages
• Pain and suffering

Acquiring documentation to reflect your losses can be time consuming, but it is crucial to have it readily available. This will allow the court to accurately calculate and distribute compensation.

During the filing process, you will need to complete your obligations in a timely manner. Under Nevada law, you are given two years from the date of when the incident occurred to sue the liable party. If you delay the legal process, you will risk exceeding the deadline and will lose your opportunity of obtaining a fair settlement that could have helped cover your expenses.

To keep yourself on the right path, you can reach out to our Nevada rideshare accident lawyers for assistance. Our team will explain your rights and what you may be entitled to. We will then aggressively negotiate with the opposing side and handle disputes to ensure you are granted favorable results.

Legal Tips on Rideshare Accident Cases 

Stepping into a lawsuit can feel nerve-wrecking, especially if this is your first time being involved in one. For this reason, we wanted to share some insightful legal tips to help you understand what you should do to protect yourself while engaging in a rideshare accident case.

Prioritize Your Health

Even if your injury may appear minor, it is still recommended to get it checked by a medical professional. Sometimes, wounds may not be immediately apparent and could develop over time. It is best to get it examined soon after the incident to catch the problem before it becomes more aggravated.

Avoid Posting on Social Media

Although you may feel the need to share your situation on social media with your friends and family, you should pause and take into account the potential damage you could bring upon yourself if the information posted is seen by the wrong person. Any content shared could be twisted and used against you, so be mindful of what you plan on posting while in a rideshare accident lawsuit.

Keep Records of the Rideshare Accident

Make sure to maintain records of the rideshare accident in a safe space where it will remain in good condition throughout the duration of the lawsuit. Some essential documentations that should be stored include:

• Medical bills
• Repair estimates
• Forms of communication between you and the insurance companies

Recoverable Damages in a Nevada Rideshare Accident Case

Recoverable damages in a rideshare accident will vary for all victims due to the unique circumstances involved in each case. Typically, the following factors will be considered when determining a settlement amount:

• The extent of your injury
• Current and future medical expenses
• Lost income and earning capacity
• The amount of negligence committed by all parties

Since Nevada follows the modified comparative negligence rule, you can still acquire compensation even if you are partially at fault for the rideshare accident. But, it only applies if you are not more than 50 percent accountable for the damages incurred. This system is established to ensure a settlement has been distributed fairly.

Generally, economic damages and non-economic damages are granted in a rideshare accident lawsuit. Economic damages are tangible costs you sustained from the collision, like lost wages and property damage. Non-economic damages, on the other hand, are intangible expenses, like emotional distress and loss of enjoyment of life.

In rare cases, punitive damages may also be awarded. This is done to punish the wrongdoer for exhibiting outrageous behavior and to prevent similar conduct from recurring in the future. To prove punitive damages, you will have to obtain evidence that shows how the defendant acted with malice or had the intent to harm you.

How Can a Nevada Rideshare Accident Lawyer Help?

Our Nevada team at West Coast Trial Lawyers specialize in rideshare accident cases. We understand Nevada’s regulations and what guidelines are enforced under transportation network companies, like Uber and Lyft. With our help, clients can learn what steps to take to make sure no mistakes are made that could affect what they may be entitled to. Below, we have provided a list of what you can expect from us when using our services:

• Case assessments
• Negotiations with insurance companies
• Maximizing compensation
• Handling complicated liability issues
• Offering legal advice

Schedule a Free Consultation with a Nevada Rideshare Accident Lawyer

If you are a victim of a rideshare accident, you are welcomed to reach out to West Coast Trial Lawyers for assistance. With a proven track record of delivering client satisfaction, we are confident that our team will get you maximum compensation. To schedule a FREE consultation, you can get in touch with our 24/7 legal team by calling (213) 927-3700 or completing our easy online contact form.