A serious rideshare crash can leave you facing medical bills, lost income, and injuries that change your daily life. The available insurance may not be enough to cover everything you have lost.
If another driver caused your Uber or Lyft crash but does not have enough insurance, underinsured motorist coverage may become important. In some situations, there may also be questions about whether multiple uninsured or underinsured motorist coverages can be combined.
This is where stacking can become relevant.
What Is Underinsured Motorist Coverage?
Underinsured motorist coverage, often called UIM coverage, may provide protection when the at-fault driver’s insurance is not enough to cover the damages from a crash.
For example, imagine you are seriously injured while riding in an Uber. Another driver causes the collision, but that driver’s liability insurance is limited.
Your injuries could involve much more than the available liability coverage. Medical treatment, lost wages, future care, and other losses may continue long after the crash.
Underinsured motorist coverage may provide another potential source of compensation, depending on the policies and circumstances involved.
What Does Stacking Mean?
Stacking generally refers to combining coverage limits from more than one insurance policy or coverage source when the applicable policies and law allow it.
The concept can become important when a single UIM policy does not provide enough coverage for serious injuries.
For example, a person may have more than one potentially applicable policy. If the policies permit stacking, the available coverage may be greater than the limit of one policy alone.
But stacking is not automatic.
Whether coverage can be stacked depends on the specific policies, applicable law, and facts of the claim. An attorney may need to review the insurance contracts before determining what coverage may be available.
Why Stacking Can Matter After a Rideshare Crash
Rideshare crashes can involve several insurance policies.
Depending on the circumstances, a claim may involve coverage connected to:
- The rideshare driver
- The rideshare company
- Another driver involved in the crash
- The injured passenger
- A household member’s applicable insurance
- Uninsured or underinsured motorist coverage
The presence of multiple policies does not automatically mean their limits can be added together.
However, when a person suffers significant injuries, identifying every potentially applicable policy can be an important part of the investigation.
A policy that initially appears unrelated may need to be reviewed to determine whether it provides relevant protection.
When Does an Underinsured Motorist Claim Come Into Play?
An underinsured motorist claim may become relevant when the driver responsible for the crash has insurance, but the available liability coverage is not enough to fully address the injured person’s damages.
For example, you could be an Uber passenger injured in a collision caused by another motorist.
The other driver has insurance, but your medical treatment and other losses are significantly greater than that driver’s available liability coverage.
At that point, your attorney may investigate whether UIM coverage is available through other applicable policies.
The details matter. Insurance coverage should be reviewed based on the actual facts rather than assumptions about which policy must pay.
The Rideshare Company’s Insurance Is Only One Part of the Picture
People sometimes assume that Uber or Lyft’s insurance automatically determines how much compensation is available.
A rideshare crash can be more complicated.
The driver’s status at the time of the collision, the identity of the at-fault party, the applicable insurance policies, and the nature of the injuries can all affect the analysis.
Your own insurance may also need to be reviewed.
That is why a serious underinsured motorist rideshare accident Colorado claim should involve a review of potentially applicable coverage rather than focusing on only one insurance policy.
Your Own Auto Insurance May Be Important
You may wonder why your own auto insurance matters if you were riding in an Uber or Lyft.
The answer depends on the circumstances and the terms of the applicable policy.
If you have uninsured or underinsured motorist coverage, your policy may need to be reviewed to determine whether it could provide protection following the crash.
Other household policies may also require consideration depending on the circumstances.
Insurance coverage questions can become complicated quickly. The policy language may contain provisions that affect whether coverage applies and how multiple coverages interact.
Stacking Does Not Automatically Double Your Compensation
It is important to understand what stacking does and does not mean.
Stacking does not automatically mean that an injured person receives double the value of a claim.
Your damages still need to be established.
If your medical expenses, lost income, future losses, and other damages total a certain amount, the available insurance coverage does not necessarily determine the value of those damages.
Instead, insurance limits can affect how much of the established loss may be covered by available policies.
The relationship between your damages and the available coverage should be evaluated separately.
Your Injuries and Future Losses Still Matter
A UIM claim should not be viewed as simply an insurance-limit calculation.
The severity of your injuries can affect the overall claim.
Serious injuries may require:
- Emergency treatment
- Surgery
- Physical therapy
- Ongoing medical care
- Prescription medication
- Future treatment
- Time away from work
- Reduced earning ability
- Changes to normal activities
- Long-term physical limitations
- Emotional effects
Some injuries also take time to fully understand.
A person may initially believe they will recover quickly, only to learn that treatment will continue or that the injury affects work and daily life in ways they did not expect.
Insurance Companies May Dispute UIM Claims
An insurance company does not necessarily accept every part of a claim simply because another driver was at fault.
The insurer may investigate the crash, your medical treatment, the severity of your injuries, and the damages you are claiming.
It may also examine the available insurance coverage and the terms of the policy.
That can create disputes over both liability and the amount of compensation available.
Keeping medical records, bills, employment information, and other evidence can help document the full effect of the crash.
What Evidence Should You Keep?
If you are pursuing a rideshare injury claim, preserve documents related to the crash and your injuries.
These may include:
- Accident reports
- Medical records
- Medical bills
- Insurance correspondence
- Insurance policies
- Wage and employment records
- Treatment recommendations
- Prescription records
- Photographs
- Witness information
- Documentation of ongoing symptoms
You should also keep communications from insurance companies.
A letter concerning your UIM coverage or a request for information may become important later when determining what coverage is available.
Trial Preparation Can Matter in a UIM Dispute
Most personal injury cases settle. But when an insurance company is not making a fair offer, having a lawyer who can prepare the case for trial may matter.
Bendinelli and his team of trial attorneys prepare cases with trial in mind from the beginning. As Julian Bendinelli says, “We prepare every case from the very beginning as if it’s going to trial.”
That preparation can include reviewing insurance policies, investigating liability, documenting injuries, and developing evidence concerning the full impact of the crash.
Most personal injury attorneys never go to trial. Bendinelli and his team do.
What Should You Do After an Underinsured Rideshare Crash?
If you were seriously injured in an Uber or Lyft crash and believe the at-fault driver’s insurance may not be enough, consider these steps:
- Get appropriate medical treatment.
- Keep records of your medical care.
- Save every insurance communication.
- Obtain and review applicable insurance policies.
- Document lost income and other financial losses.
- Do not assume only the rideshare company’s policy matters.
- Avoid accepting a settlement before understanding your available coverage.
- Talk with an attorney about potential UIM coverage and stacking issues.
The important question is not simply how much insurance the at-fault driver has. It is whether the available insurance coverage can adequately address the damages caused by the crash.
Talk With Julian Bendinelli Law Firm About Your Colorado Rideshare Injury
If you were injured in an Uber or Lyft crash, determining whether underinsured motorist coverage applies can require a careful review of multiple insurance policies.
A health insurer, rideshare company, at-fault driver’s insurer, and your own insurance company may each play different roles in the claim.
Bendinelli and his team of trial attorneys can review the circumstances of your crash, investigate available insurance coverage, and help you understand your options.
Contact Julian Bendinelli Law Firm for a free consultation. There is no upfront cost, and you do not pay attorney fees unless we win your case. Se habla español.
Disclaimer :
“Nothing in this communication is legal advice. While general principles remain true, you must speak with an attorney to obtain legal advice that is tailored to your specific circumstances.”
