Out-of-Town Family Rideshare Wreck in Wichita or Hutchinson: Which Policy Applies?

 Accidents involving out-of-town family members in Wichita or Hutchinson while using rideshare services can raise complicated insurance questions. Which policy applies? This blog answers your questions about rideshare insurance in these Kansas locations, what coverage you can rely on, and how to protect your rights in such cases.

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When Does Rideshare Insurance Apply?

Rideshare companies, such as Uber and Lyft, offer specific insurance policies that come into play based on the driver’s status at the time of the accident. These policies are designed to provide coverage for both the driver and any passengers. However, knowing exactly when these policies are activated is essential, especially when the accident involves out-of-town family members who may not be familiar with how rideshare insurance works in Kansas.

Rideshare insurance is typically divided into three periods, and coverage varies depending on which period the driver is in when the accident occurs:

• Period 1: Driver is logged into the app but not matched with a passenger
  During this period, the driver is technically on duty but hasn’t been assigned a rider yet. The rideshare company provides limited liability insurance, but it is often not as comprehensive as it would be once the driver is actually transporting a passenger. 
• Period 2: Driver is matched with a passenger and en route to pick them up
  Here, the driver is in route to pick up a passenger, and the rideshare company provides more substantial liability coverage, including coverage for injuries sustained by others. 
• Period 3: Driver is transporting a passenger
  This is the period during which the driver is transporting a passenger from point A to point B. The rideshare company provides the most robust liability coverage during this time, which includes coverage for medical expenses, property damage, and even some instances of personal injury or death. 

If an accident occurs while a family member is visiting from out of town and riding in a rideshare vehicle, it’s crucial to understand the coverage that applies during these stages.

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Rideshare Insurance Coverage and Kansas Law

Kansas law mandates that all drivers, including rideshare drivers, carry Personal Injury Protection (PIP) insurance. This law is part of the state’s effort to provide no-fault insurance coverage, meaning that individuals can claim certain types of insurance benefits regardless of who caused the accident.

PIP insurance covers a range of expenses, including:

• Medical expenses: Regardless of who is at fault, your medical expenses from the accident are typically covered under PIP. 
• Lost wages: If you are unable to work due to injuries sustained in the accident, PIP may cover a portion of your lost income. 
• Funeral expenses: In the unfortunate case that a person is killed in an accident, PIP may cover funeral expenses. 

Because Kansas follows no-fault insurance laws, PIP will apply in most rideshare accidents, even if the person involved is from out of town. PIP insurance applies to anyone occupying the vehicle, not just the registered driver, which means that even family members visiting from out of town may be entitled to compensation.

However, PIP coverage may not be enough to cover all costs in more serious accidents. In those cases, liability insurance from the rideshare company may come into play.

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Who Handles the Insurance Claim?

Understanding which insurance provider is responsible for handling a rideshare accident claim can be tricky, especially if a family member is involved in the accident. Generally, there are several potential sources of coverage:

Rideshare Insurance Policy

When the driver is logged into the app and is in periods 2 or 3, the rideshare company’s liability insurance typically kicks in. This insurance is often divided into:

• Bodily Injury Coverage: This covers injuries to passengers, pedestrians, or other drivers caused by the rideshare driver. 
• Property Damage Coverage: This helps repair damages caused by the rideshare driver to another vehicle or property, such as a fence or building. 
• Uninsured/Underinsured Motorist Coverage: This applies if the other driver involved in the accident is not properly insured or if the rideshare driver is at fault but cannot cover the expenses. 

Your Own Insurance Policy

In the event that the rideshare driver is not covered, or if they were not logged into the app at the time of the accident (i.e., the driver was not on duty), your personal auto insurance may provide coverage for the damages. This could include:

• Collision Coverage: This can cover the cost of repairs to your vehicle if the rideshare vehicle was at fault. 
• Comprehensive Coverage: If there is property damage or non-collision damages (such as vandalism), comprehensive insurance may apply. 

If you’re involved in an accident as a passenger and are hurt, your own personal health insurance policy may also help cover the medical expenses that exceed what is provided by PIP.

Liability from the At-Fault Driver

In some cases, if the accident was caused by a third party (such as another driver), their insurance may be liable for the damages. If the third party does not have enough insurance, the rideshare company’s policy may step in to cover the remaining expenses.

The Role of Personal Injury Lawyers in Rideshare Accidents

Navigating the complex insurance world after a rideshare accident can be overwhelming, especially when family members from out of town are involved. The good news is that personal injury lawyers in Kansas are well-versed in dealing with rideshare accidents, and they can help you understand which policies apply in your case.

A lawyer can help in the following ways:

• Insurance Navigation: They can help you determine which insurance company to file your claim with and ensure that you are getting the maximum coverage. 
• Handling Disputes: If the rideshare company or another driver’s insurance is unwilling to provide sufficient coverage, a lawyer can fight for your rights and take the case to court if necessary. 
• Litigation: In some instances, rideshare companies or other parties may contest a claim, and having an experienced lawyer can help ensure you don’t settle for less than you deserve. 
• Maximizing Your PIP Benefits: Personal injury attorneys can also ensure that you are getting all the PIP benefits you’re entitled to and help negotiate with insurance companies on your behalf.

What To Do After a Rideshare Accident in Kansas

If you’re involved in a rideshare accident in Wichita or Hutchinson, especially when out-of-town family members are affected, it’s essential to follow these steps to protect your rights:

1. Call Law Enforcement: Always call the police and file a report. This document will be crucial when dealing with insurance claims and legal matters. 
2. Seek Medical Help: Even if you feel okay, some injuries may not be immediately apparent. A medical professional can document any injuries, which will be important if you need to file a claim later. 
3. Collect Evidence: If possible, take pictures of the accident scene, the vehicles involved, and any visible injuries. This evidence can help establish fault. 
4. Contact a Personal Injury Attorney: A local attorney specializing in rideshare accidents can provide guidance and help you navigate the complex legal and insurance systems.

Rideshare accidents, especially those involving out-of-town family members, can be complex and confusing, particularly when dealing with multiple insurance policies. In Kansas, understanding when PIP applies, when rideshare company insurance applies, and when your personal auto insurance kicks in can help you navigate these challenges. The legal landscape in Wichita and Hutchinson may be difficult to navigate on your own, which is why consulting a personal injury lawyer is always a smart choice.

If you or a family member have been involved in a rideshare accident, it’s critical to understand your rights and the coverage available to you. Melinda Young Law offers free consultations to help you understand your options and protect your rights during this challenging time. Don’t hesitate to reach out to discuss your case.

To learn more about this subject click here: Rideshare Crash After a Night Out in Hutchinson or Wichita: Which Insurance Applies?