Do you know what to do if you have been injured in an auto accident with a Lyft or Uber driver? The details of your rideshare accident will dictate the appropriate steps to take to recover compensation.
Today, there are approximately one million Uber drivers in the US providing mobility services to customers. And CNet reports that Lyft has more than 1.4 million drivers in the US alone. 36% of US adults stated that they have used a ridesharing app like Uber or Lyft. With numbers like these, it is likely that you may be involved in an accident with a rideshare driver at some point in time.
Important Steps Following an Uber /Lyft Car Accident
Knowing what to do if you have been involved in an accident can reduce the confusion and stress immediately following the incident. Additionally, it is important to take the proper actions to preserve your right to compensation and strengthen your odds of having a successful claim. Here is what you should do:
- Contact local law enforcement immediately after the accident. The local police, highway patrol, or sheriff will collect information from everyone involved in the accident, as well as witnesses, and prepare a police report. The police report is a critical piece of evidence used to determine liability in a car accident.
- Do not provide any statement, comments, or discuss the accident with anyone other than your lawyer, your insurance company, and the police. Do not give a recorded statement without your lawyer present. Do not talk to any other parties’ insurance companies. And if an insurance agent contacts you, politely but firmly refer them to your attorney.
- Take photos whenever possible. Be sure to capture the other car(s)’ license plates, insurance cards, the entire accident scene, and surrounding area from multiple angles.
- Notify your car insurance company. Florida’s no-fault law means you will file an initial claim with your insurance company after the accident. Even if it was not your fault, be sure to notify your insurance company as soon as possible.
- Contact an experienced Florida personal injury attorney. After a car accident, you will want sound legal advice regarding your rights and responsibilities. You may not need an attorney for a minor accident, but it is advisable to discuss your situation with a knowledgeable attorney, especially if the accident resulted in serious injuries or criminal charges.
Determining liability or fault after a car accident is not always clear-cut. The more evidence you can gather, such as the police report, witness statements, driving logs, and images and video evidence from the accident, will make the determination of liability much easier.
Recoverable Damages in An Uber Car Accident
As a result of any car accident, even as a passenger, you may have severe injuries including broken bones, spinal injuries, internal bleeding, traumatic brain injury, and even paralysis. If the accident resulted in the loss of the life of a loved one, you should contact Battaglia, Ross, Dicus & McQuaid, P.A. today. You may be eligible to file a wrongful death claim.
Liable Parties in a Rideshare Crash
Determining liability after a rideshare accident is like any other vehicle collision. If the rideshare driver is negligently and causes the crash, they are responsible for any damages they cause. Typically, if a person is involved in a car accident with another negligent driver operating the vehicle for work, you could pursue a claim against the negligent driver’s employer. However, Uber and Lyft drivers are not considered employees of the company. Instead, these companies provide a third-party service that connects drivers and riders. This limits the liability of the rideshare company. However, it is worth remembering that this area of law is still being developed, and it is worthwhile to discuss your legal options with an attorney.
Pursuing an Insurance Claim
Florida’s Uber / Lyft law, as it is commonly known, went into effect in 2017, and defines insurance requirements for the rideshare companies and individuals who drive for them. The amount of coverage and compensation you may be able to recover through an Uber or Lyft liability policy will vary based on the driver’s status when they caused the accident.
For insurance purposes, a rideshare driver’s status can be identified in three different classifications. The specific classification determines the maximum coverage available and whether Uber or Lyft’s insurance policies could be applied.
A. Driver Is On-Duty Providing a Ride to a Passenger
Uber and Lyft drivers must have primary automobile liability coverage of at least $1 million for death, bodily injury, and property damage. If you were involved in an accident with a rideshare driver who had a passenger, this insurance would be applicable.
B. Driver is On-Duty Actively Seeking a Passenger
If you are involved with a negligent rideshare driver that is does not have a passenger in the vehicle, you could still receive some insurance coverage from the company. This is applicable when the negligent rideshare driver is logged on to the digital network or app. In this situation, there must be primary automobile liability coverage of at least $50,000 for death and bodily injury per incident, and $25,000 for property damage.
C. Driver Is Not On-Duty
If the Uber or Lyft driver is not on-duty and using their vehicle for personal reasons, the rideshare company’s insurance policy does not provide any coverage. In this situation, a claim for compensation would be submitted through the driver’s personal auto insurance policy.
Discuss Your Rideshare Accident with an Attorney
At Battaglia, Ross, Dicus & McQuaid, P.A., we listen to you and want to help you get the compensation you deserve!
When you contact us, we will take the time to get to know you and understand all the ways your life has been affected by your accident. We pride ourselves on being empathetic, compassionate, and caring. This is just one of the reasons we are Florida’s top-rated personal injury attorneys – providing personalized legal advice addressed to meet your individual needs.
From the first call, you will know that we will be there with you, helping you to navigate through what can be a complex, difficult, and emotionally challenging time. We strive to provide you with all the information and resources you need. We are dedicated to making your life easier. From start to finish, we will promptly answer all your questions and provide the best legal advice, so you can make informed decisions about your future.
We build trust through open, timely communication, and straightforward legal advice. We are an award-winning, established personal injury law firm, fighting for our clients for over 60 years, and have recovered more than $145 million in awards. Contact us today and we will fight to get the results you deserve.