Compensation claims get complicated when an Uber driver is involved. Determining fault after a Mankato Uber accident is critical to reaching a fair outcome.
The car crash attorneys at Maschka Personal Injury are committed to providing high-quality legal services to injured people in Mankato and the surrounding area. Contact us if you suffered injuries in an Uber/Lyft/rideshare crash and need help pursuing a claim.
Minnesota uses a no-fault system for Mankato Uber accident claims. If you were hurt in a crash, you would first use your own personal injury protection (PIP) coverage. Your PIP will pay your medical costs and lost wages up to your coverage limits, regardless of who is at fault.
Minnesota Statute §65B.51 allows you to file a personal injury claim when your circumstances meet the “tort threshold.” If any of the following applies, you may bring a legal claim:
Our attorneys will review your medical records to ensure you meet the legal criteria to pursue a rideshare accident claim.
If you were a passenger when the crash occurred and you do not have PIP, the driver’s PIP typically pays your expenses, which is often provided by Uber. If you were a passenger in a rideshare, Uber’s coverage may pay if the driver was at fault. If another driver was responsible, Uber might deny your claim and force you to file a claim against the at-fault driver’s liability insurance.
There is no single entity that decides who is responsible for a car crash. The police report may establish that one party is at fault, but the investigating officers do not necessarily assign blame.
Usually, fault is determined by the insurance adjusters and investigators. They may look at the following:
If the information does not clearly implicate one driver, the insurance companies may negotiate to allocate fault.
Under Minnesota Statutes § 604.01, Minnesota follows a modified comparative fault rule. You can still recover compensation as long as you were not more at fault than the other party or parties involved. However, your recovery will be reduced by your percentage of fault. For example, if you were 20 percent responsible for a crash, you can only collect 80 percent of your damages. Our Mankato attorneys will work diligently to prove that another person bears responsibility for the accident and preserve your right to full damages.
When you bring a car accident claim, the insurance company for the responsible party typically pays your damages if you reach a settlement. The driver is personally liable for losses exceeding their insurance coverage, but from a practical perspective, your collectible compensation can be limited to the amount their insurance company is willing to pay.
When the rideshare driver is responsible for the crash, Uber’s insurance will cover your losses if you were a passenger. If you were an occupant of another involved vehicle, Uber will pay only if their driver was logged into the app when the crash occurred. If the driver was not logged in, you must claim against their personal car insurance.
Even when a rideshare driver is clearly at fault for an accident in Mankato, Uber’s insurance company may aggressively try to limit its liability. Our rideshare accident attorneys are excellent negotiators who will fight to get you fair compensation.
Determining fault after a Mankato Uber accident is a critical part of the claims process, so work with attorneys who have experience handling rideshare claims. At Maschka Personal Injury, we offer free consultations, so reach out to us today.
