What Happens if an Uber or Lyft Driver Has an Accident?
What are your rights if you are injured in an accident involving an Uber or Lyft driver? Who is responsible for paying your medical bills and other damages? If you decide to take legal action against the Uber or Lyft driver, it’s crucial to gather as much evidence as possible. It means getting the contact information of any witnesses who saw the accident, taking photos of the damage caused by the accident, and keeping track of any medical bills or other expenses you incur due to the accident.
Uber/ Lyft Car Insurances
If you’re wondering whether Uber or Lyft drivers are covered by insurance, the answer is: it depends.
Both companies maintain liability insurance policies that cover their drivers when logged into the app and engaged in a ride. However, these policies have gaps that may leave you without coverage if you are injured in an accident caused by an Uber or Lyft driver.
Period One: App Not On
If the driver is not logged in, neither company’s policy will cover an accident. In this case, you would need to look to the driver’s auto insurance for coverage. But many personal insurers are now excluding accidents that occur while the driver is working for a ride-hailing company like Uber or Lyft.
Period Two: App On, No Passenger
Suppose the driver has the app on but has not yet accepted a fare and does not have a passenger in the car; Uber provides limited liability coverage of $50,000 per person for bodily injury and $25,000 for property damage. Lyft offers a similar range during this period.
Period Three: App On, Passenger in Car
Once a driver accepts a fare and has a passenger in the car, Uber and Lyft provide $1 million liability coverage per accident. If the driver’s auto insurance policy applies to the accident, it will be primary to the rideshare company’s policy.
If you are injured in an accident during periods one or two, you will likely need to rely on your insurance policy for coverage.
Suppose you have uninsured/underinsured motorist (UM/UIM) coverage. In that case, it may compensate for your injuries if the driver who caused the accident does not have enough insurance to cover your damages. UM/UIM claims can be complex, so it is essential to consult with an experienced personal injury lawyer if you are considering this option.
What If I Don’t Have My Insurance?
If you do not have your car insurance policy, you may still be able to recover compensation for your injuries. Payment is by filing a claim against the driver’s insurance policy or, if available, Uber or Lyft’s $50,000/$25,000 procedures.
It is important to note that neither Uber nor Lyft provides coverage for injuries sustained by pedestrians or cyclists hit by one of their drivers. If you are hit by an Uber or Lyft driver while walking or biking, you must look to the driver’s personal auto insurance policy for coverage.
Who is responsible for an accident in a rideshare?
It is vital to understand that you may be dealing with two insurance companies – the driver’s insurer and the rideshare company’s commercial policy in case you get involved in an accident.
In some cases, both insurers may deny coverage or claim that they are not responsible for damages. An experienced uber accident lawyer can help you navigate the claims process and fight for the compensation you deserve.
Most car accidents are judged based on negligence. Proving negligence must show that the driver owed you a duty of care, breached that duty, and caused you damages. If the driver was working for Uber or Lyft at the time of the accident, there is a good chance they were breaching their duty to you by operating their vehicle dangerously or carelessly.
Proof of negligence
To prove that the driver was negligent, you will need to gather evidence of their actions leading up to the accident. It can include witness statements, photos or videos of the accident scene, and the police report. Your testimony about what happened and your injuries will also be significant. An experienced Lyft accident lawyer can help you collect and preserve this evidence to have the best chance of success in your claim.
What are my damages?
If you are successful in proving that the driver was negligent, you may be able to recover compensation for your medical bills, lost wages, and pain and suffering. In some cases, punitive damages may also be available if the driver’s actions were particularly egregious.
What to Do After A Lyft/Uber Accident
If you are injured in a rideshare accident, here are the immediate steps to take:
- Get to a safe location
- Call the police
- Exchange insurance information with the other driver(s) involved
- Seek medical attention
- Be seen by a medical professional and have a better understanding of the extent of your injuries
- Do not sign anything or give a recorded statement to any insurance company until you have consulted with an attorney
- Contact An Experienced Rideshare Accident Attorney
Can I Sue an Uber or Lyft?
You may be able to use Uber or Lyft if you are injured in an accident caused by one of their drivers. However, these cases can be complicated, and it is essential to consult with an experienced attorney before taking legal action.
Suing a rideshare company is different from using a traditional taxi company. Rideshare companies are classified as “transportation network companies” (TNCs) and are regulated differently than other types of transportation companies. As a result, there are unique challenges with suing a TNC like Uber or Lyft. An experienced attorney will understand the complexities of these cases and know how to navigate the legal system to get you the compensation you deserve.
Conclusion
If you are injured in an accident caused by an Uber or Lyft driver, you may be entitled to compensation. However, these cases can be complicated, and it is essential to consult with an experienced attorney before taking legal action.
An experienced attorney will understand the complexities of these cases and know how to navigate the legal system to get you the compensation you deserve. Most car accidents are judged based on negligence.
