Rideshare Accidents in Kansas: Who Is Liable?

Any accident on the roads in Kansas has the potential to become complicated from a legal standpoint, but when it involves a rideshare service like Uber or Lyft, the risk of complexity increases—especially if someone is injured.

Rideshare accidents in Kansas are increasingly commonplace. They often involve multiple insurance policies and more than one liable party. In such cases, receiving full and fair compensation for one’s injuries can be challenging.

First, we must establish liability. Here’s what you need to know about that.

he biggest difference between rideshare accidents and standard motor vehicle accidents concerns liability. The driver’s interactions with the Uber or Lyft app are often critical because liability can change depending on whether the driver was:

• Logged into the Uber or Lyft app.
• En route to collect a passenger.
• Waiting to collect a passenger.
• Actively transporting the passenger to a destination.

Accident victims must not only prove fault to win compensation in rideshare accidents, but may also need to identify the driver’s interactions with the app, as that may affect insurance coverage. These issues can be contentious, and more than one party may be involved. It is essential, therefore, to consult with a suitably qualified rideshare accident lawyer in these cases.

Note that, under Kansas’ modified comparative fault system, an injured party can claim compensation even if responsibility for the accident is shared between parties—as long as the injured party is not 50 percent or more at fault. In circumstances where the injured party was a innocent passenger of the rideshare service, the fault may be shared between the drivers of each vehicle involved in the accident.

Several parties may be liable in rideshare accidents:

• The driver’s personal insurer.
• The rideshare company’s tiered insurance coverage.
• Another motorist.
• The vehicle manufacturer.

If the driver of the Uber or Lyft vehicle was at fault for the accident, liability depends on the driver’s app status during the crash. Both Uber and Lyft provide tiered insurance policies that change depending according to the driver’s activities, as follows:

• The driver is offline or the app is closed: The driver’s personal auto insurance applies.
• The driver is online, waiting for a ride request: Limited liability coverage from the rideshare company may apply if the driver’s personal insurance denies coverage.
• The driver accepted a ride request or is carrying a passenger: Up to $1 million in liability coverage, plus uninsured and underinsured motorist coverage.
• Third-party or vehicle defect involved: Depending on circumstances, another motorist, a car manufacturer, a service garage, or even a parts supplier may be held liable.

What is almost certain is that Kansas insurers will carefully investigate fault before paying claims. This means your actions after a rideshare accident are essential if you are hoping to claim compensation via a personal injury claim.

If you’re involved in a rideshare accident in Kansas, what you do next will depend greatly on your physical and mental condition.

Most importantly, call 911 and seek medical care if you are injured. Calling emergency services will help create an official record of the accident through a police report. Furthermore, Kansas law requires drivers involved in accidents with injuries or deaths to immediately report to the nearest police authority if no officer is present, using the quickest means (such as calling 911).

A full medical checkup will document your condition and any injuries immediately after the accident. Sometimes, injuries can develop long after the incident, so it is critical to pursue a full medical checkup.

After ensuring safety, attention should turn to your personal injury claim, proving liability, and the injuries/damages caused by the accident. Injured parties have up to two years under Kansas law to pursue compensation, but waiting can weaken a claim—as can a lack of supporting evidence. So, it’s important to:

• Take photos or video of the accident scene and note the rideshare driver’s app status, if possible.
• Get the contact details (names and phone numbers) of any witnesses.
• Keep screenshots and receipts of any bills you pay in relation to your injuries.
• Use the in-app accident reporting system to inform the rideshare company of the incident, but do not make any statements until you have received legal advice.
• Seek legal representation to file your personal injury claim because complications may arise as various parties point their fingers at each other and multiple insurance policies overlap.

The quicker you act to preserve evidence and protect your legal rights, the more likely you are to receive full and fair compensation for your claim.

Filing a rideshare accident claim in Kansas is considerably easier with prompt help from a qualified personal injury lawyer—especially if you are in the process of recovering from accident injuries.

Your lawyer will thoroughly investigate the circumstances of the accident. The aim is to gather evidence to prove liability, using police reports, rideshare app data, witness statements, etc.

During this period, your lawyer will need access to your medical records that detail your injuries and the treatment you have undergone. Retain every medical record, bill, and doctor’s note as evidence of damages, as well as records of any other associated costs.

The rideshare accident claims process usually proceeds as follows:

1. Notification of claims: Depending on the driver’s interactions with the Uber or Lyft app, you may need to file with the driver’s insurer, Uber or Lyft’s insurer, or both.
2. Settlement negotiations: Insurers often dispute fault or cast doubt on the severity of injuries and their impact. The evidence-gathering steps taken already by you and your lawyer make this tougher for insurers and enhance your negotiation position.
3. Litigation, if necessary: If insurers refuse fair compensation, your lawyer will file a lawsuit within the two-year statute of limitations.
4. Settlement, discovery, mediation, or trial: There will be opportunities to settle—and most cases do settle before trial—but if a trial is necessary, your legal team should be prepared for this.

Dealing directly with insurance companies is a daunting task for most individuals without experience of how loss adjusters work. The process is designed to discourage large claims. Insurance companies and rideshare companies both have powerful legal teams, and it’s not a “fair fight” unless you seek legal representation to protect your rights and interests.

The complexities involved in proving liability among multiple parties, as well as different layers of overlapping insurance coverage and complicated fault rules, mean that one of your first calls after a rideshare accident in Kansas should be to a personal injury lawyer with experience in these cases.

If you’re in the Topeka area, speak to a personal injury lawyer at Irigonegaray & Revenaugh, during a free case evaluation. We will advise you of your legal options and assess how best to claim the compensation you deserve.