Fredericton Rideshare Accident Lawyers

Rideshare drivers in Fredericton and surrounding areas have a financial incentive to complete as many trips per shift as possible, and are often working in rideshare as a secondary source of income. Often drivers work overlapping shifts through different rideshare apps to more quickly book their next job. Together, these factors can create a tense, high stress situation, and can contribute to a higher likelihood of accidents.

If you’ve been involved in an accident involving a rideshare service, knowing what to do first can seem daunting, and collecting damages may be challenging. Working with a legal team can help navigate the legal jumps and possible financial hurdles you may face after an accident.

What to Do After a Rideshare Accident

Whether you were a passenger, pedestrian, or driving your own vehicle leading up to the accident, there are several steps to take immediately following. The following will help guide you through the basic steps to follow, if you’re not quite sure where to start. If you’ve been in an accident involving a rideshare, the following are key steps not to forget:

1. Ensure your safety

The first thing you should do immediately following a rideshare accident is ensure that you are not in imminent, grave danger. Ensure that you don’t need immediate medical attention. If you have any injuries, even a minor injury, seek immediate medical attention.

2. Seek medical attention

Immediately following a motor vehicle accident you should seek medical attention to start a baseline for your claim. Some injuries, like soft tissue damage or whiplash, may not be felt immediately. Maintaining strong medical records and documentation will help the legitimacy of your claim, and may be impactful in how damages are rewarded.

3. Contact the Police

Regardless of the size or severity of the accident, report the collision to law enforcement officials immediately. When first responders, such as police, attend a scene they will complete a police report. This police report can later be used as evidence in your accident claim or during a personal injury lawsuit.

Be sure to keep the name of the attending officers or personnel to the scene, as well as a copy of the police report number.

4. Document the scene

If you are safely able to do so, take photos or record videos of the accident scene. Capture all vehicles involved from multiple angles, along with any relevant details of the surrounding scene. The more visual evidence you gather to document what happened, the stronger your ability to support a claim and establish fault.

5. Exchange information

Make sure you have collected the driver’s name, contact and insurance information before they leave the scene. If additional drivers are involved, do so with each driver.

6. Report the Accident to the Rideshare Company

Once you have been in an accident involving a rideshare driver, it’s important to report this accident to the rideshare company that you had originally booked your trip under. If you were not a passenger, then report to the company that the driver was working for at the time of the accident (if the driver works for more than one company). Once you’ve reached out to their agents, provide the accident report and only factual details of the accident.
Do not offer opinions on what happened. This will trigger the rideshare company to start the claims process on their end, if applicable.

7. Call your insurance provider

Contact your auto insurance provider, and inform them about the collision. While speaking to insurance agents, stick to providing basic details and factual information. Do not offer opinions or speculation on what happened.

8. Consider legal guidance

Rideshare accidents can involve multiple, complex insurance policies, and depend on the exact situation. Was the driver offline, waiting for a ride, or booked? Each of these will impact the insurance available for your claim. Working with a legal professional can help guide you through, and ensure you collect the damages you’re entitled to.

Regardless of your role in a rideshare accident, taking the right steps early can help to protect your health, and the strength of your claim. As New Brunswick is a fault-based system for motor vehicle accidents, acting fast can help to strengthen liability claims.

Common Rideshare Accident Injuries

Whether as a passenger, pedestrian, or as another driver, injuries encountered during a rideshare accident can range from minor to catastrophic and life altering. Possible injuries may include:

Whiplash or soft tissue injuries;
Back or neck injuries
Lacerations or burns;
Broken bones;
Traumatic brain injuries;
Facial disfigurement;
Amputation of limb(s);
Spinal cord injuries

Even if you don’t feel an injury right away, you should still seek medical attention in the first 24 hours following your accident. Some injuries, like whiplash, may take up to a few days to present, or could be masked by adrenaline and shock. Seeking medical advice early will help to identify these injuries early, and helps to link your injuries to the rideshare accident.

Can I Sue?

Injuries that resulted from a rideshare accident can range greatly in severity, and the impact to our overall health can be temporary or long lasting. Some injuries, even completely life altering. If you’ve been injured in a rideshare accident, your claim may be entitled to damages including:

Past and future medical expenses;
Past and future income loss;
Lowered future earning ability;
Compensation for pain and suffering;
Out-of pocket expenses relating to your accident and claim;
Additional damages may be applicable depending on your unique situation.

In instances where a rideshare accident has resulted in a fatal injury, a wrongful death claim may be pursued and can recover compensations to be rewarded to the closest surviving family member. Working with an experienced rideshare lawyer can help you to understand your legal rights and options.

How Long Do I Have to Make a Claim?

It’s important to remember that New Brunswick uses a fault-based system for motor vehicle accidents, including rideshared accidents. This means that you may be entitled to bring a claim against the at-fault party, or parties, of the accident. Under the New Brunswick Limitation of Actions Act (2010), you generally have two years to file your claim.

Failing to submit your claim before the two year limitation period ends may result in your claim being rejected entirely.

Rideshare Insurance: Am I Covered?

With the increased use of rideshare apps, and having fast, convenient, and affordable rides at the palm of our hands; ridesharing has become an integral part of our communities transportation network. But, unlike with other regulated commercial vehicles, these services are usually insured through traditional insurance coverage policies.

For rideshare companies, like Uber or Lyft, coverage comes from a layered insurance system, meaning that the driver’s personal auto policy is the base, and additional insurance coverage may be available when the app is in use. Rideshare insurance layers are usually broken down as follows:

App Off: When a rideshare driver is using their vehicle for personal use, or isn’t using the logshare app. During app off time, the driver’s personal auto insurance is all that applies. The rideshare company, or “employer” will not provide additional coverage.

App On: When a rideshare driver is using their rideshare app, but hasn’t accepted a trip or job yet, and does not yet have a passenger in the vehicle. During app on, if there is no hired passenger the rideshare company will provide limited third-party liability coverage. Limited coverage means that damages may be collected, but to a lesser amount that full commercial coverage would provide. Typically this doesn’t include coverage for the damage to the rideshare driver’s vehicle, unless additional coverage exists.

Ride Accepted: For the entire duration of time that a passenger is in a rideshare driver’s vehicle, the rideshare company will provide a higher-limit commercial insurance. This usually includes third party liability (often up to $1 million), accident benefits (for injuries), and contingent collision and comprehensive (if the driver has these on their personal insurance policy).

Some key considerations to remember about rideshare insurance coverage:

- Gaps exist! Personal policies often exclude commercial use.
- Endorsements matter! Use a trusted rideshare company in your area.

Every province is different! Did the driver meet provincial insurance regulations?

Can I Hold Rideshare Companies Accountable?

In New Brunswick, rideshare insurance is regulated under the Insurance Act (1968). This act establishes the legal framework for how insurance coverage works in the province and policy expectations or minimums, as well as the rights and obligations of policyholders, helping to keep our community safer. The bottom line? Rideshare insurance isn’t a single policy, it’s a complex combination of personal and commercial coverage that depends on the specifics of the situation.

In New Brunswick, coverage more heavily relies on the driver’s personal liability coverage, which may increase the risk to a potential accident victim. If a driver does not have proper rideshare coverage on their personal policy, and there’s a gap in coverage, a passenger may be at risk and not even know it.

To further complicate things, New Brunswick maintains a fault-based system for determining liability. So, if claims involving rideshare drivers might already have multiple insurers for the single driver, what if there are multiple drivers involved in an accident? Fault based systems do mean that a victim in an accident can pursue the responsible party for damages. These types of situations can get complicated quickly and are resolved based on who caused the accident. Working with an experienced legal counsel can help ensure that you can focus on recovering, instead of jumping through insurance hoops.

No Insurance

If there is a gap in coverage, or something more nefarious, and there is no valid insurance coverage in a rideshare accident, the situation becomes more complicated. But, not all hope is lost! Some options that a rideshare lawyer can help you navigate may include:

Making a claim through the uninsured driver fund.
Sue the at-fault driver, bringing a civil claim directly against them.
Depending on your insurance policy, coverage may exist to help if you were a passenger, another driver, or a pedestrian involved.
Fault matters most.

The uninsured driver fund is a provincial protection in place through the Motor Vehicle Accident Claims Fund () of New Brunswick. This may help to provide claim damages for things like person injuries, medical expenses, and lost income. Due to the nature of the fund, strong limits do apply.

Call Our Fredericton Rideshare Accident Lawyers Today for Your FREE Case Evaluation

Being involved in a rideshare accident, whether as a passenger, pedestrian, or another motorist, can have a serious impact on your life. Injuries can affect your physical health, emotional well-being, and financial stability. Often placing unexpected strain on you and your family, all while you should be focusing on recovering. Our rideshare accident lawyers are here to help guide you through the process of your claim, so you can get back to what matters most to you. Give us a call today to book your free consultation!

Phone, Video, or in Person

Whether you prefer by phone, video chat, or to connect in person; our team is ready to connect with you and guide you through the process of a rideshare accident. We will work collaboratively with you to ensure you receive the compensation you deserve. Stop by our Fredericton office, and talk with a member of our team about your claim today.

No Fees Until We’ve Won Your Case

A rideshare accident can have serious negative impacts on your life, and may place a significant financial strain on you and your family during a potentially lengthy recovery process. Throughout your claim, our team can advocate on your behalf, answer your questions, and guide you; all without requiring upfront fees.

You don’t pay unless we win your case. Rideshare accidents are complex: we keep it simple.