When you have been in an accident while using a Lyft or Uber service, it can be a confusing and overwhelming experience. You might wonder who is responsible for the accident and how to seek compensation for your injuries and damages.
Suppose you have suffered an injury as a rideshare passenger or you have suffered an injury in an accident involving an Uber or Lyft driver. In that case, you may have the legal right to financial compensation for your injuries. Your settlement check may be substantial depending on the severity of your injuries. Before you can get a dollar in monetary compensation, you must go through a legal labyrinth involving dealing with one or more insurance companies. These businesses want to make your life as difficult as possible by fattening their profits.
You do not stand much chance when going directly against the insurance company’s apparatus. It will run circles around you and do everything possible to keep its money. You need a protector and an advocate to keep the insurance company from taking advantage of you at every turn. Accordingly, you should contact an Uber or Lyft accident lawyer as soon as possible. Insurance policies that cover ride-sharing services can be complex, and determining liability can be challenging. A skilled attorney will have experience dealing with these types of cases and can help you gather evidence, negotiate with insurance companies, and seek the maximum compensation you deserve.
No matter which method you choose for pursuing compensation, the insurance companies for Uber and Lyft will be the gatekeepers and an integral part of the legal process. They will only sit up and take notice of you if you approach them with a rideshare accident attorney. If you have not already spoken with an Uber or Lyft accident lawyer, now is the time to do so during a free initial consultation. The first meeting is free; you never need to pay anything to an attorney from your bank account.
Your Lawsuit Is Usually Against the Rideshare Driver
Since the rideshare driver is an independent contractor and is in a direct legal relationship with you when they provide transportation, your claim will be against them when you have suffered an injury in an Uber or Lyft accident. There is a chance that the driver can even be personally liable to you when you can prove that they were negligent in the circumstances surrounding your accident. Alternatively, if you were an Uber or Lyft passenger, and the other driver was responsible for the accident, you will file a claim against their insurance policy.
You may wonder how you can recover enough compensation to pay for your injuries directly from the rideshare driver. After all, they may not have the money to pay you for the harm they caused. The good news is that there is an insurance policy in place that can cover some or all of the damages that you suffered in a rideshare accident. There is always an option to pursue compensation, even if the coverage is insufficient for your rideshare accident injuries.
How Uber and Lyft Insurance Coverage Works
Uber and Lyft must provide a commercial insurance policy for their drivers to cover them in the event of an accident. Each state requires a different amount of coverage. However, the following usually applies to an Uber or Lyft accident:
- If the driver does not have their app on at the time of the accident, their personal car insurance policy will cover the damages if they were at fault.
- If the driver has the app on but has not accepted a ride request or has no passenger in the car, there will usually be up to $100,000 in coverage.
- If the driver accepts a ride request or there is a passenger in the car, there will be up to $1 million in coverage on a per-accident basis.
You will deal directly with the insurance company, not Uber or Lyft. If the rideshare driver was responsible for the accident, your Uber or Lyft accident lawyer will file the claim against the insurance policy, seeking your damages. They will likely begin with the insurance company instead of filing a lawsuit directly against the driver in court. This way, you can resolve your claim informally and without litigation.
Your Uber or Lyft accident lawyer will compile evidence about the accident that shows that the rideshare driver was to blame for what happened. Then, a rideshare accident attorney will estimate the value of the damages that you have suffered and include proof of your injuries.
At this point, insurance companies will review the information that your rideshare accident lawyer provided with your claim. They will determine whether to accept liability for the accident, and they may make you an initial settlement offer. However, that offer may only go so far in resolving your case.
Outcomes When You File an Uber or Lyft Accident Case
There are several potential outcomes when you file an Uber or Lyft accident claim:
- Insurance companies may deny the claim entirely if they believe their driver was not to blame for the accident. They can also do this if they think the other driver in the accident was legally responsible.
- Insurance companies may make you a settlement offer, but it will be very low, and your attorney will continue to negotiate with them on your behalf.
In any event, you can expect a complex process. Insurance companies are large businesses that make a lot of money from their rideshare insurance business and certainly do not want to pay you a significant amount. Even if Uber or Lyft is not directly part of your claim, you can expect a pitched battle with the insurance company over compensation.
Insurance Companies That May Be Part Of Your Uber or Lyft Accident Claim
You may be dealing with multiple insurance companies in the rideshare accident claims process, including:
- The company that provides Uber or Lyft’s commercial policy
- The driver’s insurance company if they purchased supplement coverage to protect themselves from personal liability (they cannot use their personal insurance policy if they are acting as a rideshare driver because it will be for business and not personal reasons)
- The other driver’s insurance policy when they were partially or fully to blame for the accident
- Your own insurance policy if you have to file an underinsured motorist claim (the $1 million coverage limit is on a per-accident basis, and there may be more than one injured party trying to file a claim against the same pot of money)
Dealing with multiple insurance companies can be highly challenging. Each has financial interests at stake and may be trying to pass the buck to another insurance company. As a result, instead of getting the runaround from one insurance company, you may get it from several. An Uber or Lyft accident attorney can help you cut through the red tape and get justice through financial compensation. Insurance companies will not simply hand you a check for your due amount without a fight.
Filing a Lawsuit for Uber or Lyft Accident Injuries
You always have the right to file a lawsuit for Uber or Lyft accident injuries. Here, your lawsuit may be against the driver directly since they caused you to suffer an injury. Their insurance company will have the duty to defend the driver in court. It will provide an attorney for the driver and will negotiate throughout any settlement agreement.
In reality, it is relatively rare to file an Uber or Lyft accident lawsuit. Many cases get resolved through an informal claims process after extensive negotiations. Insurance companies usually do not want to go to court because it will raise their costs, but you always have the ability and right to take the case there yourself as the injured accident victim.
Even if you file an Uber or Lyft accident lawsuit, chances are that your case will not go to trial. Insurance companies only allow the case to go the entire distance to the jury if they have a fundamental difference of opinion with you. You will likely go through a large part of the lawsuit process while continuing to negotiate a possible settlement agreement with the insurance company. Your rideshare accident attorney will always leave the door open to a settlement agreement because it is usually in your best interests.
It Is Usually Not Possible to Sue Uber or Lyft Directly
Under nearly all circumstances, your lawsuit cannot be against Uber or Lyft because these companies classify the drivers as independent contractors. The rideshare platforms claim they are only digital middlemen in the process, and you agree to purchase the driver’s services directly from them. Uber and Lyft argue that their drivers are entirely independent and are not subject to any control from them. This argument will usually stand up in court, and you cannot sue the rideshare companies directly for your injuries.
The only circumstances that may allow you to sue Uber or Lyft is when they failed to properly screen a driver who was either a physical or safety threat to you. There have been instances in which drivers with criminal records physically or sexually assaulted their passengers, and rideshare companies must pay for their negligence.
How a Rideshare Accident Lawyer Helps Your Case
The last thing you can or should do when dealing with rideshare accident injuries is try to deal with insurance companies yourself. They have built up an entire system to protect their own interests at your expense. Their role is to make the claims process as hard as possible so you will leave money on the table to conclude your case. When you hire a rideshare accident lawyer for your case, the insurance company cannot get away with those tactics.
Your rideshare accident lawyer can do the following for your case:
- Investigate the accident and help you determine which of the two drivers was at fault (or whether they share in legal responsibility for your injuries)
- Gather the evidence that you need to prove that one or both of the drivers was at fault
- Determine which insurance coverages apply to the accident and learn the policy information for the involved driver
- Estimate the value of your Uber or Lyft accident claim, potentially working with expert witnesses along the way to understand the scope and extent of your damages
- Prepare and submit an insurance claim on your behalf with each of the relevant insurance companies
- Negotiate a potential settlement agreement or litigate your case in court, potentially up to a trial
As you can see, quite a bit goes on after you have suffered an injury in an Uber or Lyft accident. It is best to have an experienced professional who can navigate the process on your behalf, maximizing your financial compensation and allowing you to focus on your health.
It Costs You Nothing Out of Pocket to Hire an Uber or Lyft Accident Lawyer
When you hire an Uber or Lyft accident attorney, they typically work on a contingency fee basis, meaning they only get paid if they win your case. Instead of charging you an upfront fee or hourly rate, they will take a percentage of the settlement or jury award. This arrangement allows you to have skilled legal representation without worrying about the financial burden.
An attorney can gather evidence, such as witness statements and medical records, to strengthen your claim. They can also handle all communication with insurance adjusters and ensure that you do not say or do anything that could harm your case. This level of support and representation can significantly reduce your stress and increase your chances of obtaining a favorable outcome.
Call A Skilled Rideshare Attorney Today
If you have suffered an injury from an accident while using Uber or Lyft, hiring an experienced personal injury attorney can be the key to securing the compensation you deserve. By having a legal professional by your side, you can focus on your recovery while they handle the legal complexities and protect your rights.
