Can I Sue Uber/Lyft for Injuries or Wrongful Death?
Uber and Lyft rideshare companies have experienced remarkable growth in recent years. However, this has led to an increase in car accidents, causing severe injuries and tragic fatalities.
Have you or a loved one experienced injuries or wrongful death in a rideshare accident? You may be seeking answers regarding your legal options. Understanding the possibilities and steps to take in such circumstances is essential to seeking justice and getting the rightful compensation.
Can I Hold Uber or Lyft Liable for Damages?
Suppose you are with an Uber or Lyft driver and get involved in a car accident. In that case, you can pursue a personal injury case against the rideshare company and the driver.
While the liability laws generally shield Uber and Lyft from lawsuits regarding their drivers’ negligence, there are exceptions to this rule. In some instances, you can hold the company responsible for the injuries you suffered during the Uber and Lyft accidents. These may include:
- Permanent injuries that have a lasting impact on your well-being.
- Complete loss of a bodily function that has permanently affected your daily life.
- Permanent scarring or paralysis resulting from the accident.
Complications in Receiving Compensation From Rideshare Companies
Uber and Lyft categorize their drivers as independent contractors rather than employees. This classification allows these companies to avoid paying for a rideshare accident. Consequently, when the drivers sign their contracts, they agree to assume all liability if passengers, pedestrians, or other drivers file lawsuits.
Moreover, Uber and Lyft include limitation of liability clauses in their user agreements. These clauses shield the rideshare companies from being held accountable for any damages or losses experienced by passengers.
Another challenge arises when the personal auto insurance companies reject the claim based on the driver’s employment status at the time of the incident.
However, in some cases, the rideshare driver’s insurance company may bear full responsibility for the accident. In other instances, the driver and the rideshare company’s insurance might share the responsibility.
Whose Insurance Will Cover a Rideshare Car Accident?
The insurance coverage can vary depending on the specific circumstances and the extent of the damages incurred. Let’s look into different scenarios on the insurance coverage rideshare passengers may receive in each case.
- The Rideshare Driver Is Not Using the Uber or Lyft App
In situations where the rideshare driver has not activated the Uber or Lyft app and is not in the process of picking up a passenger, the driver is not covered by the Driver-Partner Insurance. In such cases, the driver’s auto insurance becomes the primary source of coverage. If you find yourself in this situation and need to recover damages, you must take legal action against the driver or their insurance company.
- The Rideshare Driver is Using the Uber or Lyft App and Waiting to Receive a Customer Request
Suppose you are a rideshare driver involved in a car accident while using the Uber or Lyft app. In that case, knowing whether your personal and ride-sharing company insurance will provide coverage is essential. This coverage encompasses various aspects, including medical bills, property damage, and vehicle repairs, ensuring you receive the necessary support.
If your personal insurance doesn’t cover all the damages, you can rely on the rideshare company’s insurance. The rideshare company’s insurance includes the following:
- $50,000 per person for bodily injury
- $100,000 per accident for bodily injury
- $25,000 per accident for property damage
- When the Other Driver is Responsible For the Accident
In cases where another driver is at fault for the accident, he/she is held legally accountable for covering the losses resulting from the incident. For example, suppose you are a passenger in an Uber, and you sustain a broken arm due to an accident caused by a truck driver. In that case, you have the right to file a claim with the truck driver’s insurance company.
However, complications arise when the at-fault driver is uninsured, underinsured, or involved in a hit-and-run situation. Some states have specific requirements that mandate Uber and Lyft to provide coverage in these scenarios. Furthermore, the coverage limits can vary from one state to another.
- The Rideshare Driver Is on an Active Trip Using the Uber or Lyft App
When you find yourself in a situation where a Lyft or Uber driver is on his way to pick you up or drop you off at your destination and has an accident, both rideshare companies will offer comprehensive insurance coverage. It’s essential for you, as a passenger, to understand the insurance options available to ensure your protection.
Here’s a breakdown of the insurance coverage provided by Lyft and Uber:
- $1,000,000 in liability coverage per accident: This covers medical expenses resulting from injuries you may sustain in the accident and any property damage.
- $1,000,000 in uninsured/underinsured motorist coverage: It comes into play when another driver is responsible for the accident but has inadequate or no insurance. It safeguards both Lyft and Uber drivers as well as passengers. Furthermore, it protects from hit-and-run accidents where the liable driver remains unidentified.
What Is the Time Limit to File a Rideshare Accident Lawsuit?
The time limit to file a rideshare accident lawsuit varies depending on the jurisdiction and the specific circumstances of the case. Generally, it’s advisable to consult with a car accident lawyer to understand the statute of limitations applicable to your situation.
In many places, personal injury lawsuits, including those related to rideshare accidents, have a statute of limitations ranging from one to three years from the date of the accident. However, this can differ based on local laws and the unique aspects of your case. It’s crucial to take prompt action and seek legal advice to ensure you don’t miss any important deadlines.
How Much Can You Recover in a Rideshare Injury Lawsuit?
Determining the value of a rideshare injury claim involves considering several factors that contribute to the overall compensation. These factors include:
- Past and Future Medical Expenses: A successful personal injury claim covers the costs of medical care associated with the accident. It includes reimbursement for treatment you have already received and compensation for estimated future medical expenses resulting from the incident.
- Lost Income (Past and Future): If car accident injuries limit your ability to work, you may be entitled to compensation for lost income.
- Pain and Suffering: Quantifying pain and suffering, both physical and mental, is challenging. Insurance adjusters and lawyers often employ the “Multiplier Method” to calculate pain and suffering damages. This approach involves totaling your medical expenses and multiplying that sum by a factor ranging from 1.5 to 4, depending on the severity of your injuries and other relevant factors. For instance, if your medical bills amount to $10,000, and the adjuster determines a multiplier of 2.5 is appropriate, your pain and suffering damages would equal $25,000 ($10,000 x 2.5).
Exploring Legal Options Beyond the $1,000,000 Liability Coverage
While a million dollars may seem substantial, severe injuries or losing a loved one can lead to overwhelming medical expenses, immense pain, and financial hardships. To seek additional compensation, it’s vital to consult a skilled Uber/Lyft accident lawyer who can pursue legal action against the rideshare company.
One strategy is to show that the rideshare company failed to screen its drivers properly. If your attorney can prove a history of drunk driving or reckless behavior by the responsible driver, it strengthens your case for directly suing the rideshare company.
By exploring these legal options, you can secure compensation beyond the $1,000,000 liability coverage. Seek guidance from an expert lawyer who can evaluate your case, gather compelling evidence, and fight for the rightful compensation you deserve.
Why Choose Uptown Injury Law to Sue Uber or Lyft For Rideshare Accident?
Our seasoned legal team of New York car accident lawyers boasts a proven track record of securing substantial compensation for clients. With a deep understanding of the intricate legal landscape surrounding rideshare services, we adeptly navigate negotiations and litigation.
We prioritize your well-being, fighting vigorously to ensure your rights are upheld. At Uptown Injury, our team’s dedication, experience, and commitment to securing justice make us the optimal choice for pursuing your claim against Uber or Lyft.
Call us today at 855-233-8728 for a free consultation, and let us help you receive the compensation you deserve.
What if the Rideshare Driver’s Insurance Doesn’t Cover My Damages?
If the rideshare driver’s insurance fails to cover your damages, the rideshare company’s insurance may come into play. Rideshare companies typically provide additional coverage, known as contingent liability insurance, which can provide compensation for your injuries and property damage.
Are Rideshare Companies Liable for Accidents Caused by Their Drivers?
Yes, rideshare companies bear liability if they have a direct connection to the accident. They may also share liability if they fail in driver screening, training, or supervision. It is crucial to seek legal advice to evaluate your case and determine potential liability.
If Another Driver’s Negligence Injures Me While I’m Ridesharing, What Should I Do?
If you’re a rideshare driver injured due to another driver’s negligence, you may be entitled to compensation through the at-fault driver’s insurance. Report the accident to the rideshare company and the other driver’s insurer. Seek legal assistance to protect your rights and explore options for recovering damages, such as medical expenses, lost wages, and pain and suffering.
Can I Claim for a Rideshare Accident With an Uninsured or Hit-And-Run Driver?
Yes, in cases where you’re a rideshare passenger involved in an accident with an uninsured or hit-and-run driver, you can still seek compensation. Rideshare companies are obligated to provide coverage in such situations as uninsured/underinsured motorist coverage.