Filing an Uber Crash Lawsuit or Lyft Car Accident Claim
Ridesharing provides a convenient alternative for people to get around town. Unfortunately, inattentive drivers looking for their passengers and destinations also come with the added risk of accidents. Studies have shown that since the advent of ridesharing apps. with more cars and more drivers hustling to get to the next destination comes more ato crashes. If you want to learn more about filing an Uber crash lawsuit or a claim against Lyft related to a motor vehicle collision, reach out to a dedicated rideshare car accident lawyer.
If you were injured in a rideshare collision, you might be eligible to recover compensation from the at-fault party. Keep reading to learn more about filing a lawsuit after an Uber or Lyft car accident.
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Will I Have to File an Uber/Lyft Lawsuit to Recover Compensation After a Rideshare Accident?
Just like with any other car accident, you may be able to recover compensation for your losses and injuries from the person or party responsible for the crash. Generally, that means working with an experienced Uber or Lyft car accident lawyer to file an insurance claim or a lawsuit against the at-fault person or entity. However, a rideshare accident lawsuit is not the only recourse for you to recover compensation. In fact, in many car accident cases, filing a lawsuit is the backup plan.
What is the Difference Between a Rideshare Claim Vs. a Rideshare Lawsuit?
Filing an insurance claim involves dealing solely and directly with the person or company responsible for the accident and their insurer. The insurance company representing the at-fault party is the final decision-maker on whether your claim is approved and you receive compensation. Settlement negotiations occur outside the civil court system, and a lawsuit may not be required to receive financial payment.
On the other hand, bringing a personal injury lawsuit requires you to file a civil complaint in court to receive the money you deserve. A judge or jury will ultimately decide if you should receive compensation for your injuries.
When Should You File an Uber or Lyft Car Accident Lawsuit?
Most car accident cases start off as injury claims, where both sides negotiate to reach a settlement. A claim can move into a lawsuit if negotiations with the insurance company do not progress as you had hoped. Other times, if the driver who caused the accident does not have insurance, you cannot file an insurance claim to recover damages from them.
In fact, filing an Uber or Lyft lawsuit may not be an option, depending on the circumstances of your case. Specifically, if an uninsured (or underinsured) driver is at fault, the risk is they may not have the means to pay any judgment you might receive. Depending on who is at fault for the crash, you may have other options, though. Under some circumstances, the rideshare company may be held responsible for your losses. An experienced rideshare accident attorney can explain whether a lawsuit is a viable option in your case.
Who Bears Liability for My Uber or Lyft Car Accident Damages?
The liable party in an Uber or Lyft car accident depends on who caused or contributed to the crash. Sometimes, the Uber or Lyft driver is responsible. In other instances, it is a third party.
Potentially liable parties in a rideshare accident lawsuit include:
- Uber, Lyft, or other ridesharing companies. In certain cases, you may hold the rideshare company liable for your damages. One scenario is if their driver caused the crash and was covered under an insurance policy that the transportation network company (TNC) provided. Another is if the rideshare company was directly responsible for the crash through negligence.
- The rideshare driver. If the Uber or Lyft driver caused the crash, they may have to pay your damages. The driver may have their own insurance policy that covers the accident. If not, they may be personally liable to pay out-of-pocket.
- A third-party vehicle driver. The rideshare driver is not always at fault for a crash involving a rideshare vehicle. Sometimes, a third-party driver is to blame. If another driver was distracted, followed too closely, or ran a red light, for instance, that driver could be liable for your damages in the event you suffered injuries. That means you may have to file a claim against that driver or their insurer to recover financial compensation.
- The car manufacturer. The car company may be liable for the accident if there was a defect with the vehicle that contributed to the Uber or Lyft crash.
- The tire or auto parts company. Defective tires play a role in more car accidents than you may know. For example, tread separation is a common tire issue that causes car crashes. Other part failures can lead to accidents as well.
- A local government. The municipal government responsible for maintaining roads, traffic lights, signs, and some construction work zones also could have contributed to the ridesharing car accident.
How to Sue Uber or Lyft Directly for a Rideshare Crash
In some situations, injured accident victims face complications when trying to directly sue Uber or Lyft for a car accident. Your claim will be stronger if you can show the company is directly responsible for causing the accident. Generally, this means the company was negligent in some way, and its negligence led to the accident. Only certain situations will fit that bill.
You may sue the rideshare company for:
General Negligence
Rideshare companies like Uber and Lyft have a duty to ensure the safety of their passengers. They must ensure their drivers’ cars receive inspections and meet certain standards. If the company didn’t ensure the vehicles used to transport passengers were up to standard, it may be responsible for the crash.
Negligent Hiring
Uber and Lyft must perform background checks on each driver and review their driving record and criminal history. Failure to do so would constitute hiring negligence. For example, if an Uber driver causes an accident and has a history of DUIs that the company overlooked, Uber could be responsible for the crash, and you could bring a claim against the company.
Negligent Retention
A driver may have been hired justly but, over time, began to exhibit signs that they were no longer fit to drive for a rideshare company. Perhaps after they started driving for Uber, they had multiple car accidents. Alternatively, passengers could have started leaving complaints about the driver’s conduct when operating a vehicle, indicating they drove unsafely.
Uber and Lyft perform annual driver checks and claim that they run background checks regularly to check for offenses. If the company was aware of the driver’s conduct (or should have been aware of the driver’s conduct) and failed to remove them from the roster, you could file a lawsuit against the rideshare company for negligent retention if that driver caused a crash.
Why Filing a Lawsuit Against Uber or Lyft for a Car Accident is Complicated
Employers generally have a responsibility to cover any damages their employees cause while on duty. This legal theory is known as vicarious liability. However, rideshare companies argue that their drivers are not employees but rather independent contractors. Since independent contractors are not legally considered employees, rideshare companies try to avoid responsibility for their drivers’ actions and the injuries they cause.
The rideshare companies’ legal arguments are still being litigated in most states. Recently, courts have increasingly held Uber and Lyft responsible for their drivers’ negligent actions. If the Uber or Lyft driver is at fault for the accident that injured you, depending on the driver’s status at the time of the collision, you may have the right to file a claim against the rideshare’s insurance policy.
Rideshare Car Insurance Coverage Depends on the Driver’s Status at the time of the Rideshare Accident
At this point, most states have laws in place that require Uber and Lyft to carry liability insurance on behalf of their drivers in case of accidents. However, this coverage is only active at set periods of time. If the rideshare driver caused your car accident, Uber or Lyft insurance may cover your damages if their policy was active at the time of the crash. Here’s how insurance works for ridesharing drivers:
When Drivers Are Not on Duty
While rideshare drivers are on the road but are not logged into a ridesharing app, they must carry their own insurance policy to cover any accidents they cause. This is typical auto insurance. When drivers are not using the Uber or Lyft app, they are not on duty, and the rideshare company has no liability.
When Drivers Are Logged Into the App and Waiting for a Ride Request
Drivers logged into the ridesharing platform and waiting for users to request a ride are officially on duty.
During this time, Uber and Lyft provide liability insurance in the amount of:
- $50,000 for bodily injury for one person
- $100,000 for bodily injury per accident
- $25,000 for property damage per accident
When Drivers Are Carrying Passengers or En Route to Pick Passengers Up
Drivers who are picking up or transporting riders have the highest liability coverage through their company.
Uber and Lyft both provide the following:
- $1,000,000 in third-party liability insurance coverage for injury and property damage for the entire accident
- Uninsured/underinsured motorist protection as mandated by the state in which the driver works
- First-party coverage such as Med Pay or PIP as required by the state in which the driver is operating
Which Damages Can I Recover in an Uber or Lyft Car Accident Lawsuit or Injury Claim?
Victims of rideshare car accidents can seek compensation for their economic and non-economic damages in most states. Economic damages are money awarded to cover out-of-pocket, verifiable losses you have experienced due to the crash.
Non-economic damages cover non-financial losses. They are losses that cannot be easily quantified and have no documented monetary value. For example, a loss of mobility due to a shoulder injury and emotional trauma after the crash are just two examples of non-economic damages.
A knowledgeable Uber or Lyft accident lawyer can explain the specific damages you deserve, but in general, you could recover compensation for:
- Present and future medical bills
- Lost income and work benefits
- Diminished earning ability
- Personal property damage
- Vehicle repair or replacement
- Transportation costs or travel accommodations related to or resulting from your injury or accident
- Pain and suffering
- Scars and disfigurement
- Diminished quality of life
- Serious bodily injury
- Emotional distress (depression, anxiety, insomnia, grief, post-traumatic stress disorder, etc.)
- Wrongful death damages if you lost a loved one from their rideshare accident-related injuries
Are There Time Limits for Filing a Lawsuit After a Rideshare Car Accident?
Each state has a statute of limitations for personal injury lawsuits. The majority of states give victims two or three years from the date of the accident or the date the injuries are discovered to file a civil lawsuit. It’s important to know the exact date your statute of limitations starts to avoid missing the legal filing deadline. If you miss the deadline, you risk losing the right to recover compensation for your injuries under the law.
After the statute of limitations expires, the liable party no longer has a legal obligation to pay your damages. A judge may dismiss your case if you attempt to file after the deadline. There are exceptions to the statute of limitations in every state, but you need to speak with an attorney to learn more about whether any exceptions apply to your Uber or Lyft lawsuit.
A Dedicated Rideshare Lawyer Can Assist You with An Uber Crash Lawsuit or Lyft Car Accident Claim
Work with a rideshare accident lawyer to recover compensation for your injuries and losses. Rideshare accident injury claims can be difficult to navigate on your own, and liability can be complex to sort out. Without knowing the proper parties to pursue, you won’t receive all the damages you deserve.
The legalities of an injury claim increase when you file a Lyft or Uber accident lawsuit. Many injury victims benefit from having a personal injury lawyer representing their interests when dealing with insurance companies. When you partner with a skilled rideshare lawyer, they can communicate with the rideshare company, their insurer, and the other parties involved in your accident.
Moreover, they should have the resources to investigate the accident, gather evidence from various sources, and litigate your case if a lawsuit is necessary.
Trust Gallagher & Kennedy to Protect Your Interests During an Uber Crash Lawsuit or Lyft Accident Claim
Robert W. Boatman, Rideshare Accident Lawyer in Phoenix, AZ
You do not have to face a complicated Uber or Lyft car crash case alone. The rideshare accident lawyers at Gallagher & Kennedy can guide you through the legal process and we won’t charge you for our service unless we successfully resolve your case.
When you need to file an Uber or Lyft lawsuit, trust our dedicated personal injury attorneys to initiate your claim without financial risk or delay. Call us at (602) 691-5736 or fill out our online contact form for a free consultation and case review today.