Gina M Corena at GIna Corena & Associates

Founding Member & Managing Partner at Gina Corena & Associates

Practice Areas: Personal Injury

Rideshare services like Uber and Lyft have become an essential part of daily transportation for many in Nevada. Although these options offer convenience, they also come with risks.

You may file an insurance claim to seek compensation for your injuries if you were injured in a rideshare accident. That doesn’t mean the insurance company will always honor a claim.

You might feel frustrated and unsure about what to do next if you’ve had your rideshare accident claim denied. However, it’s important to understand that a denied rideshare accident claim doesn’t always mean the end of your case.

Many denials can be overturned with the right approach. This guide will explain why claims are often rejected, how to appeal a denial, and what legal options you have to secure the compensation you deserve.

Understanding Rideshare Accident Claims

A rideshare accident claim works differently than a traditional car accident claim. This is because rideshare drivers are considered independent contractors rather than employees. This affects how insurance coverage applies.

Both Uber and Lyft provide insurance coverage. The level of protection depends on the driver’s actions at the time of the accident. The rideshare insurance coverage process involves multiple layers, resulting in complex claims and proceedings.

Many victims assume that filing a claim with Uber or Lyft’s insurance will lead to a quick resolution. This is not always the case. Denied rideshare accident claims are common. Additionally, many injured parties struggle to understand the following steps when their claim is rejected.

Common Reasons for a Rideshare Accident Claim Denial

There are several reasons why an insurance company may deny a rideshare accident injury claim. For example, insurance companies often reject claims based on a lack of documentation or technicalities. Some common issues include the following:

 Reasons for a Rideshare Accident

Disputed Liability

The insurance provider may argue that their driver was not at fault or that another party was responsible for the accident. This is particularly common in multi-vehicle accidents involving more than one insurer.

Allegations of Policy Violations

Uber and Lyft have strict insurance policies. Suppose a driver was not logged into the rideshare app at the time of the accident. In that case, the company may argue that their insurance does not apply. In this case, you might have to file a claim with the driver’s personal insurance to seek compensation.

Insufficient Evidence

Lack of documentation, such as accident reports, witness statements, or medical records, can lead to a denial. Insurance companies may claim that there is not enough proof to establish liability or injuries.

Missed Deadlines

Insurance companies have strict deadlines for submitting claims and appeals. It may be difficult to overturn a claim denial if you miss these deadlines.

Steps to Fight a Denied Rideshare Accident Claim

There are several steps you can take to challenge the decision and protect your rights if your Uber accident claim was denied or your Lyft accident claim appeal was unsuccessful. They include:

Review the Denial Letter

Start by carefully reviewing the insurance company’s denial letter. This document outlines the reasons for the denial, allowing you to understand the specific issues that need to be addressed in your appeal.

Many rideshare accident claims are denied due to incomplete documentation. Providing detailed medical records, police reports, and eyewitness statements can significantly strengthen an appeal.

Gather Additional Evidence

Insurance companies often deny claims based on insufficient evidence. Strengthen your case by collecting:

File an Appeal with the Insurance Company

You have the right to appeal if your denied rideshare accident claim was due to missing information. Your appeal should include:

  • A written statement explaining why the denial is incorrect
  • Additional supporting documents
  • A demand for reconsideration of your claim

Most insurance companies have a formal appeals process. Be sure to follow their guidelines and deadlines.

Consult a Rideshare Accident Lawyer

Seeking legal help may be necessary if your appeal is unsuccessful or the insurance dispute becomes too complicated. An experienced Nevada rideshare accident lawyer can handle negotiations with the insurance company and, if needed, take legal action on your behalf.

Insurance Company

Rideshare Insurance Coverage and Denials

Understanding how rideshare insurance works can help you determine if your denied rideshare accident claim was based on valid coverage issues.

Driver’s Status Insurance Coverage Possible Reasons for Denial
Offline / Personal Use Personal auto insurance applies Claim denied if personal policy excludes rideshare use
Logged into App, No Ride Accepted Limited liability coverage ($50,000 per person, $100,000 per accident) Claim denied if personal insurance is expected to cover it
En Route to Pick Up Passenger Rideshare company’s insurance applies (up to $1M coverage) Claim denied if driver was not officially en route
Passenger in Vehicle Full rideshare insurance applies (up to $1M coverage) Claim denied if policy limits are exhausted

Legal Framework in Nevada

Nevada’s legal system follows a comparative negligence rule. This means you may still recover damages even if you were partially at fault for the accident. However, you may be ineligible for compensation if you are found more than 50% responsible.

Additionally, Nevada has a two-year statute of limitations for personal injury lawsuits. You must file within this timeframe to preserve your rights if your denied rideshare accident claim requires legal action.

In Nevada, the statute of limitations for personal injury claims is two years. Acting quickly is crucial to preserving evidence and strengthening your case.

Case Studies: How Denied Rideshare Accident Claims Were Overturned

Many denied rideshare accident claims are successfully challenged. Here are two examples of how persistence paid off:

  • Passenger Injured in Uber Crash: A rideshare passenger suffered injuries when an Uber driver caused an accident. The insurance company initially denied the claim, stating the driver was not at fault. However, after submitting dashcam footage and medical records, the denial was overturned, and the victim received a substantial settlement.
  • Rideshare Driver Coverage Dispute: A driver was on duty but had not yet accepted a ride when another vehicle hit them. Uber initially denied coverage, claiming they were not responsible. After an internal appeal, the company agreed to provide compensation under its contingent coverage policy.

Frequently Asked Questions

What should I do immediately after a rideshare accident in Nevada?

Ensure safety, seek medical attention, and report the accident. Gather evidence, take photos, obtain witness contact information, and notify the rideshare company. Acting quickly improves your chances of a successful claim. Don’t make any statements to anyone indicating your own negligence may have caused the accident.

Why was my rideshare accident claim denied?

Common reasons for claim denial include disputed liability, lack of evidence, policy violations, or missing deadlines. Reviewing the denial letter and gathering additional documentation can help you challenge the decision.

Can I appeal a denied rideshare accident claim?

Yes, most insurance companies allow appeals. Strengthening your case with additional evidence, witness statements, and legal assistance can increase your chances of overturning the denial.

How does Nevada’s comparative negligence law affect my claim?

Your percentage of fault may reduce your compensation if you are partially at fault. If you are more than 50% responsible, you may not be eligible for compensation.

Is there a time limit to file a lawsuit after a rideshare accident claim denial?

Yes, in Nevada, you have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline could prevent you from recovering damages.

How can an attorney assist with my denied claim?

A Nevada rideshare accident lawyer can review your case, gather evidence, negotiate with the insurance company, and represent you in court if necessary. Legal representation can significantly improve your chances of success.

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Get Legal Assistance for Your Denied Rideshare Accident Claim

A denied rideshare accident claim doesn’t have to be the end of the road. Many denials are based on technicalities, missing evidence, or insurance disputes that can be successfully challenged. By reviewing the denial letter, gathering additional proof, and filing an appeal, you can improve your chances of getting the compensation you deserve.

At Gina Corena & Associates, we understand how to challenge unfair denials and deal with insurance companies. If your claim is rejected, we can help you explore your options and fight for the best possible outcome.

Reach out today to explore your legal options and get the support you need.

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As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.

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