Ridesharing is growing more and more popular by the year. Odds are good that you and most everyone you know has used a rideshare app like Uber or Lyft at least once this year, and you probably know a few people who use it literally everyday instead of driving their own car. In response to the surge in ridesharing usage, Hawaii has recently updated its rules and regulations regarding ridesharing accidents, which are also on the rise.
Key points in Hawaii’s updated ridesharing rules everyone should know:
- Ridesharing drivers must be provided in writing insurance coverage and limits of liability provided by the ridesharing company, if any, as soon as they agree to work for that company. The ridesharing company must also explain if the driver’s personal insurance does or does not provide additional coverage.
- A ridesharing driver must obtain insurance policy that acknowledges their role as a ridesharing driver when using the ridesharing company’s app and while “engaged in a prearranged ride.” This insurance can be obtained personally, through the ridesharing company, or via a combination of more than one policy held by each of these groups.
- When the ridesharing driver is using the company’s app but is not engaged in a prearranged ride, the insurance policy must include liability insurance that covers up to $50,000 for the injury or death of one person, up to $100,000 for the injuries or deaths caused by a single ridesharing accident, and up to $25,000 for property damage caused in the accident, and $10,000 for medical no-fault treatment benefits for passengers.
- The minimum coverage amount must increase to at least $1,000,000 for injuries, death, and property damaged caused in a single accident when the ridesharing driver is engaged in a prearranged ride.
- The ridesharing company’s own insurance must provide additional coverage as needed if the ridesharing driver’s insurance policy lapses or does not provide enough coverage, up to the limits of the company’s own insurance policy.
See Hawaii’s Ride Share Insurance Requirements pursuant to HRS 431:10C-703:
What Does the Ridesharing Rule Update Mean for You?
In a quick summary, Hawaii’s changes to ridesharing rules and regulations are a win for you as a customer of ridesharing services. Effectively, both ridesharing drivers and ridesharing companies need better insurance coverage that will take care of your damages in the event you are hurt while using a ridesharing service. Indeed, ridesharing companies like Uber and Lyft should now be more easily held liable for excess damages when the ridesharing driver’s own insurance policy cannot cover all your damages. However, it could mean that you must also expect to file a claim against Uber or Lyft, two companies that will be prepared to challenge your case at each step along the way.
If you or someone you love ever gets hurt in a ridesharing accident in Hawaii, please call (808) 400-7248 to connect with Daniel T. Pagliarini Attorney at Law. Our law firm proudly represents the wrongfully injured across all the Islands. With our 25+ years of legal experience and history of successful case results, we are not afraid to take on powerful oppositions, all while you sit back and focus on recuperation and healing.
Be sure to act in a timely manner, as well. Hawaii is a no-fault insurance state, which simply means that each party’s motor vehicle insurance company will pay the medical treatment bills for each party’s injuries and their respective passengers’ injuries up to the personal injury protection benefits (“PIP”) limit. (Pedestrians, which include bicyclists and moped drivers, can qualify for PIP medical no-fault benefits against the insurer of the motor vehicle involved in their respective collision even if the pedestrian was at fault for the collision.
As to making a bodily injury claim against an at fault motorist, Hawaii’s statute of limitations requires a claimant to file a personal injury claim for bodily injury within two years of the date of accident, or within two years of the date of last no-fault medical payment, public assistance benefit payment, or worker’s compensation medical payment, whichever is the latter. Otherwise, Hawaii law will permanently bar any claimant who attempts to make a bodily injury claim against the liable party or parties. See HRS 431:10C-315
Contact our Honolulu rideshare accident lawyer today to begin your claim.