Ridesharing FAQ
Are Uber and Lyft types of ridesharing companies?
Yes. Uber and Lyft provide most of the rideshares in Seattle. These rideshare companies technically operate as transportation network companies (TNC). TNCs provide an online network for connecting riders with drivers but are not responsible for actually transporting the passengers.
Instead, the passengers are connected via the transportation network to Seattle drivers who use their personal vehicles, and pay these drivers for transportation. Often the cost of using a driver through a TNC is less than the traditional cost of a taxicab.
Does Seattle have any specific ridesharing laws?
Yes. The rise of rideshare companies in Seattle and Washington in general presented lawmakers with unique questions about passenger safety and car accident liability. Because of this, Washington passed a specific ridesharing law to clarify the rights of TNC drivers, passengers, and companies.
Civil and criminal penalties may apply to companies providing TNC services in violation of the law; it holds drivers “to a reasonable and ordinary standard of care,” not “to ordinances or regulations which relate exclusively to the regulation of drivers or owners of motor vehicles operated for hire, or other common carriers or public transit carriers.”
In addition, Seattle has passed ordinances that apply to transportation network companies. A dedicated Seattle injury lawyer at Boohoff Law will analyze the facts of each viable rideshare accident case to determine the best avenue for financial recovery.
Are rideshare drivers employees of ridesharing companies in Seattle?
In general, rideshare companies try to say that they do not employ rideshare drivers. These drivers are independent contractors, (also known as 1099 self-employed workers) and not a TNC’s employees. This designation applies even though most rideshare companies collect, reduce, and distribute driver payments, a traditional red flag when disclaiming employee status.
Courts distinguish between independent contractors and employees. Employers generally bear full financial responsibility for torts, such as driver negligence, committed by those working in their employment.
Companies do not have responsibility for the torts, however, committed by independent contractors working for them. Independent contractor status typically eliminates a TNC’s liability for car accidents. A rideshare accident lawyer may demand evidence of each statutory factor during car accident litigation.
If a rideshare company has failed to adhere to all of the conditions listed above, the TNC might be vicariously liable for a rideshare accident.
Do rideshare companies have to perform background checks on their drivers?
Yes. Not everyone is allowed to serve as a rideshare driver in Seattle. Prospective drivers must supply the TNC with their personal information. The TNC must maintain and review these records; the FBI, Washington State Patrol, or an approved third party can check fingerprints. Rideshare companies must report criminal offenses on the parts of drivers.
Ridesharing companies face hefty fines and potential criminal penalties for failing to perform and/or report proper driver checks. Further, rideshare companies that contract with drivers after failing to discover or ignoring essential convictions may owe damages to claimants injured due to this failure.
Does a Seattle Uber or Lyft driver need special car insurance?
Rideshare drivers need a special TNC insurance policy in Seattle to operate.
In Seattle, the TNC must maintain, for all affiliated vehicles:
- $100,000 per person and $300,000 per accident in bodily injury insurance
- $25,000 in property damage insurance
- $100,000 per person and $300,000 per accident in uninsured motorist insurance
TNCs may provide all or part of this insurance on behalf of drivers. For example, Uber provides rideshare drivers with the applicable $1,000,000 liability policy.
But the amount of that policy may decrease depending on whether the driver was (1) logged out of the rideshare application; (2) logged into the app and waiting for a summons; or (3) actively engaged in a rideshare.
A ride starts when the driver accepts a request for pickup and legally ends when the last rider exits the vehicle.
Who is liable for a Seattle ridesharing accident?
Personal injury protection (PIP) policies, the negligent driver’s liability insurer, or the TNC’s umbrella policy usually cover viable injury claims, but many claimants must litigate to collect further damages.
Liability depends on who or what caused your injuries. Generally, a rideshare company will argue that responsibility for a rideshare crash only rests with the negligent drivers/vehicle owner.
A rideshare company might be vicariously liable if the driver is considered an employee. Rideshare companies may also bear liability if a passenger sustained injuries because:
- The TNC knowingly permitted a dangerous vehicle on its platform
- The TNC negligently retained the driver, knowing he or she had a poor driving or criminal record
- The TNC missed an essential criminal or driving conviction during the driver’s background check
- The TNC did not display the proper rider safety information before pickup
- The TNC did not take measures to suspend the driver during a DUI investigation
The TNC’s negligence must relate to how your injuries occurred. For example, a passenger sexually assaulted by a rideshare driver might hold the TNC liable for a missed conviction but not for injuries sustained in a rear-end accident.
Property owners, other passengers, and other drivers could be responsible for negligently caused damages. Every case differs, but an experienced Seattle rideshare accident attorney at Boohoff Law can expertly analyze each potential claim.
Isn’t ridesharing dangerous because drivers use their phones?
Most rideshare drivers rely on one or more phone applications while working. They use these applications to accept rides, take payment, and navigate to their destinations.
Some attorneys argue that forced reliance on these applications might subject TNCs to direct liability. Washington State allows only hands-free operation of phones while driving. However, just because a driver may use a rideshare application during a trip for example, the GPS function does not protect him or her from liability.
Negligently designed rideshare applications, such as those with distracting features, might result in product liability claims against the designer. Speak with a qualified Seattle Uber accident lawyer today if a driver’s phone distracted him or her immediately before a crash.
Is the rideshare company liable if I was injured while waiting for my Seattle rideshare?
In California, fake Uber drivers were picking up and sexually assaulting passengers by explaining away the mismatched license plates. Uber knew this was occurring but chose not to warn passengers of the danger.
The injured riders settled with Uber under a theory of failure to warn while using a dangerous product (the phone application). This case was unique, but certain other situations may give rise to viable legal claims for riders injured while waiting for a rideshare vehicle.
Can I hold a Seattle rideshare company accountable if a driver assaulted or stole from me?
Possibly. Liability depends on what the rideshare company should have known or knew about the driver. In such cases, personal injury lawyers may run a criminal background check to determine if the driver had a relevant criminal history.
If so, a rideshare company may be directly liable for negligently contracting with the driver, even if his or her crimes were not “disqualifying” offenses under the law.
Liability might also stick if previous clients complained about related behavior from the driver, but the rideshare company did not take action.
Are rideshare companies responsible for making sure vehicles are safe?
Seattle requires safety inspections from city-approved mechanics. Accidents or injuries caused by mechanical failures, such as faulty seat belts or brakes, may subject individual rideshare companies and their drivers to liability.
In addition, Uber and Lyft require drivers’ vehicles to undergo comprehensive safety inspections before registering with the platform. Based on these requirements, TNCs are presumably not directly liable for accidents caused by mechanical failures.
Rideshare insurers may still cover injuries sustained during rides. Legal responsibility for mechanical failures could also attach to vehicle manufacturers or even mechanics.
If my rideshare was involved in a multi-car crash, who pays for my injuries?
Each rideshare driver must carry personal injury insurance (no-fault) coverage. Regardless of fault, this coverage typically pays for injured occupants’ immediate medical expenses and lost wages.
Claimants with minor injuries might only need no-fault coverage. Anyone with a serious injury under Seattle tort law might claim damages from a person or entity that negligently caused or contributed to the injuries.
Liable parties may include a driver that rear-ends your rideshare, a rideshare driver who stops short, or a pedestrian that unlawfully cuts into the road. Insurance adjusters or juries typically review the facts and apportion liability accordingly. S
ometimes a TNC’s umbrella insurance policy settles any initial minor injury or property claims, and then seeks indemnification from another liable insurer. Schedule an insurance claims analysis with a Seattle rideshare accident lawyer at Boohoff Law today.
How can I claim money from Uber’s umbrella insurance policy in Seattle?
Uber and related rideshare umbrella policies only take effect during official rides. They do not cover illegal rideshares, such as those stemming from street hails, unofficial taxi services, or rides taken outside the official rideshare platform.
Passengers should not finalize a claim for damages with a rideshare insurer before first speaking with a dedicated Seattle rideshare liability attorney at Boohoff Law. Most personal injury attorneys obtain compensation for clients by effectively advocating for an insurance settlement.
Settlement requests often include submitting medical reports, photographs, police reports, and witness statements. Do not settle a claim for any amount without speaking with a legal professional to discuss the implications of liability waivers and potential future medical needs.
Some claims require court-ordered discovery to recover the injury compensation you deserve after a Seattle rideshare accident.
How Long Do I Have to File a Rideshare Accident Lawsuit in Seattle?
In Washington state, you typically have three years from the date of your accident to file a personal injury lawsuit in civil court. If you don’t have an attorney file suit on your behalf within that time, you will likely lose all rights you have to pursue compensation.
It’s vital you contact an experienced Seattle rideshare accident lawyer as soon as possible to ensure you don’t miss out on any important deadlines that could prevent you from recovering the compensation you need.
Partner With Boohoff Law’s Seattle Rideshare Attorneys
Rideshare services have become immensely popular in recent years. With Uber pulling in over eleven billion dollars’ worth of revenue worldwide in 2018, there’s no question that more and more individuals are turning to these services for their transportation needs.
Most passengers, however, are not aware of their rights or the steps they should take if they are involved in an accident while they’re utilizing one of these services.
That’s why the team at Boohoff Law is dedicated to educating and guiding our clients through the time after a rideshare accident.
Our skilled team of attorneys works closely with clients to determine the damages and losses they’ve sustained, which the attorneys use to help them collect the compensation they rightfully deserve.
If you’re interested in seeking the advice of one of our compassionate and talented attorneys, please don’t hesitate to call us at (877) 999-9999 or contact us today.
Boohoff Law P.A.
Seattle Location
2200 6th Avenue,
Suite 768 Seattle,
WA 98121
(877) 999-9999
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