James A. Hoffman
A decorated U.S. Army veteran who set his sights on the law at age eight, James has represented hundreds of injured clients with a modern, client-first style and a refusal to let insurance companies run out the clock.
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Rideshare coverage turns on the driver’s status in the app. When the app is off, the driver is a private motorist and only the driver’s personal auto policy applies, and many personal policies exclude commercial driving entirely. When the app is on and the driver is waiting for a ride request, Indiana law requires the rideshare company to provide liability coverage at lower limits set by statute. When the driver has accepted a ride and is on the way to the pickup, or has a passenger in the car, the company’s policy provides liability coverage of one million dollars, the figure commonly carried by Uber and Lyft, along with uninsured and underinsured motorist coverage. The first thing we do is pin down which period applied, because the difference in available coverage is enormous.
Passengers in the rideshare vehicle are the clearest case: they were doing nothing but sitting in the back seat, and whether the rideshare driver or another driver caused the crash, a policy applies. Drivers and occupants of other vehicles hit by a rideshare driver can claim against the company’s policy if the driver was on the app, and against the driver’s personal policy if not. Pedestrians and cyclists struck by a rideshare driver are in the same position. Rideshare drivers themselves, hurt by another motorist, have a claim against that driver and, during active periods, access to the company’s UM/UIM coverage. We identify every claimant and every policy, and we read the policy language rather than relying on what the adjuster says it covers.
Uber and Lyft classify their drivers as independent contractors, and when a claim is made they argue that the company is not responsible for the driver’s negligence the way an employer would be. The company’s insurance policy still responds during the covered periods, which is what matters most to an injured person, but the contractor argument can affect whether the company itself can be held liable for negligent screening or for a driver with a history of complaints. The evidence that settles these questions is the trip data: when the driver logged on, when the ride was accepted, the GPS track, speed, and the exact moment of the crash. The company holds that data and does not volunteer it. We send a preservation demand immediately and subpoena it when necessary.
The same analysis applies to DoorDash, Uber Eats, Grubhub, Instacart, and Amazon Flex drivers, with one difference: the coverage those companies provide to their drivers and to the public is often thinner and varies by company and by whether the driver was carrying an order. A crash with a delivery driver requires the same quick work to establish the driver’s status and locate every applicable policy. Whatever the platform, we handle the insurers, the records, and the trip data so you can focus on recovering. You won’t owe us a fee unless we recover, and when the case resolves, you get the check and we handle the bills, auditing each lien and negotiating it down.
In Indiana, most personal injury claims must be filed within two years of the date of injury (Ind. Code § 34-11-2-4). Claims against a city, county, or state agency require a formal tort claim notice much sooner, in some cases within 180 days. Waiting costs leverage, and in some cases it costs the claim entirely.
We represent injured people everywhere in Indiana. Most of an injury case happens by phone, email, and video, so you do not need to live near one of our offices to work with us.
Injury cases are handled on a contingency fee: no retainer, no hourly bill, and no attorney fee unless we recover money for you. The percentage is set in a written agreement before we start and depends on the stage at which the case resolves. How contingency fees work, in plain English.
A decorated U.S. Army veteran who set his sights on the law at age eight, James has represented hundreds of injured clients with a modern, client-first style and a refusal to let insurance companies run out the clock.
A policy will apply regardless of which driver was at fault: the rideshare company’s policy during an active trip, or the other driver’s policy if that driver caused the crash. We identify every available policy and pursue the claim.
That is often true, because personal policies commonly exclude driving for hire. If the driver was on the app, the rideshare company’s coverage applies instead. Establishing the driver’s status at the moment of the crash is the first step.
The company’s insurance policy responds to the claim during covered periods. Claims against the company itself depend on the facts, including the driver’s status and the company’s own conduct, and we evaluate them case by case.
It is closely related. Delivery platforms provide coverage to their drivers that varies by company and by whether the driver was on an active delivery. We locate every applicable policy.
Five minutes on the phone and you will know where you stand. You will not owe us a fee unless we recover money for you, and the bills get handled before the check does.