Uber and Lyft are convenient ways to get around town. But what happens if an Uber or Lyft driver hits you?
While millions of people have taken rides with ridesharing services, there is still a lot of confusion about who’s at fault when a car accident occurs between the driver and passenger. The following article will discuss what will happen if an Uber or Lyft driver causes the accident, how to proceed after a collision, and how you can obtain compensation for your injuries.
By reading this article, you’ll have peace of mind knowing what steps are needed to be taken after an accident involving Uber or Lyft, so you can ensure that your rights are protected during this difficult time.
Things You Should Do If You Are Hit By An Uber Or Lyft Driver
If your vehicle was damaged by an Uber or Lyft driver, you should follow the same steps as if you had been in a car accident. You’ll want to assess your injuries and any other losses, as well as who is responsible for them so that you will receive the fair amount of compensation that you deserve. But because there are multiple parties involved in these instances, holding someone accountable may be more difficult for you.
If you’re hurt in a car accident caused by a rideshare driver, you’ll need to sort out who’s responsible. Then, depending on your state’s laws, you may pursue either an insurance coverage claim or a personal injury lawsuit. Because of the numerous issues that arise in these types of circumstances, you may wish to contact our personal injury law firm for legal assistance for a free consultation.
If you can, there are a few things you should do at the scene to protect your rights and help you make a future insurance claim or lawsuit:
- Call the police after a collision – Even if the collision was minor and did not impact your vehicle much, you should still call the police since you can use a police report for lawsuits and insurance claims. A police officer at the accident scene will help protect your rights in terms of proving liability in an accident.
- Seek medical help – You must seek medical attention right after the accident even if you think you are not injured since some injuries will not manifest right away. You can also use your medical reports when you claim compensation from the at-fault party.
- Take photographs or videos of the collision scene – You may not recall what occurred later. Photographs can be used to figure out what happened in the accident. You should take photos or videos of the cars involved, the road condition, and the accident scene.
- Gather information – These are some information that you should gather while you’re at the accident scene:
- driver’s name, address, rideshare information, and personal insurance details
- contact and insurance information of the other drivers involved
- license plate number, model, make, etc. of all cars involved
- contact information of any available witnesses
- Seek help from an Uber accident lawyer – A personal injury attorney will level the playing field. The defendant and insurance companies will try to deny liabilities, and if they decide to pay you, it will not be the full amount that you truly deserve. So obtaining help from a lawyer can help you guarantee that your rights are protected and that you will receive what is due to you.
Our personal injury lawyers at Giordani Law firm will assist you with these procedures and give you legal advice. Call us today for a free consultation.
What You Need To Know About Uber’s And Lyft’s Complex Insurance Coverage
In a case where the rideshare driver who caused the accident was off-duty, Uber or Lyft will not be liable for the damages since rideshare drivers are considered independent contractors. The driver’s personal insurance coverage will be applied in this scenario.
Rideshare drivers are required to carry insurance coverage, but to determine which policy is applicable and how much coverage is available solely depends on what the driver was doing when the accident happened.
Uber and Lyft have different types of insurance policies provided to their drivers during different circumstances, such as:
- If the driver logged into the rideshare app and waited for a passenger request;
- If the driver logged into the app and was carrying a passenger.
The Driver Logged Into The App And Waited For A Passenger Request
If a driver was logged into the app and was available to offer rides but did not have a passenger in their car, they are still covered by their own insurance policy. In addition, Uber’s contingency policy kicks in. This coverage includes $100,000 (bodily injury) and $25,000 (property damage) per accident. This type of coverage serves as a backup to the rideshare driver’s own insurance if they’re logged into the Uber’s or Lyft’s app.
The Driver Logged Into The App And Was Carrying A Passenger
If the rideshare driver logged into the app and was carrying a passenger, Uber unequivocally backs the driver with its entire insurance coverage. That means there’s $1 million in liability coverage and $1 million in property coverage for you.
The amount of insurance you may receive varies based on your status as a passenger or vehicle and if the driver was working at the time. Deciding on who to sue – whether the Uber itself or the rider, is also one of the factors you should consider.
It’s difficult to deal with the consequences of a Lyft or Uber accident. An auto Uber accident lawyer from our firm will take care of everything.
You Can File A Property Damage Claim After Your Uber Or Lyft Accident
In New York, the process of obtaining compensation for property damage following an accident is quite distinct from that of pursuing a personal injury claim. While a personal injury claim is somewhat limited by no-fault car insurance and the applicable limits on taking a driver to court, these limits are not applicable to property damages. When a car driver has caused any property damage to another vehicle, they are legally responsible for damages.
This implies that you’ll have to file a claim against the rideshare driver or ridesharing company to obtain compensation for your car’s repair or replacement. If you were injured in a car accident, your Uber and Lyft accident lawyer will take care of this claim for you.
You Can Recover Damages For Your Uber Or Lyft Accident Injuries
There are different damages that you may recover following an Uber or Lyft accident, such as:
- Medical costs
Medical expenses are one of the most frequent reasons people bring personal injury claims following a vehicle accident.
And these medical expenses may be compensated for, which can help pay for expenditures such as:
- Your treatments that may still be ongoing;
- Immediate need for medical care;
- Rehabilitation;
- Prescriptions or medicines needed for the injuries you’ve sustained;
- Physical therapy for bodily injury;
- You can also be compensated for your losses in a way that considers how costly these injuries will be to you in the long run.
- Lost Wages During Recovery
Long-term recovery time can be required for severe injuries, such as brain or neck trauma, fractured bones, and major head or neck injuries.
Recovering lost income and benefits while in treatment allows you to get compensation for any earnings and advantages you are missing out on.
Any money you would have earned if you are not injured, and the damage is expected to last long-term, such as a physical disability, can also be included in the calculation.
- Pain and Suffering
Pain and suffering are two distinct issues that may be handled simultaneously during medical treatment or separately as a result of an accident’s mental and emotional consequences.
- Wrongful Death Compensation
You might be eligible for compensation if a loved one or close family member was killed in an Uber or Lyft accident. Wrongful death claims can help pay for the unexpected expenses associated with losing a loved one, such as:
- Funeral and burial expenses
- Lost wages and benefits
- Mental anguish or trauma
- Pain and suffering
Spouses, children, parents, and other relatives of the deceased may be able to file a wrongful death lawsuit claiming.
Seeking legal advice from an Uber accident attorney will help you get the compensation you’ll need to recover physically and emotionally. We’ll give you a free legal consultation so you won’t have anything to worry about in your personal injury case.
Can I Sue Uber Or Lyft After An Accident?
If you are harmed in an auto accident with one of Uber’s or Lyft’s vehicles, you can sue both the rideshare company and the driver. You can do this whether you are a passenger in an Uber or Lyft or were injured by their driver while driving another vehicle.
One reason why accident victims sue a rideshare company is to prove that the company was negligent in hiring their driver or negligent retention of the driver. An example would be that they still hire a driver who has a history of drunk driving, reckless driving, and other traffic violations. If the company knew this or failed to do background checking, this can be grounds for negligent hiring.
You’re An Injured Passenger. Can You Sue An Uber Driver?
Certainly. Since you’re a passenger, you’ll never be at fault. Rather, you will be covered under the full $1 million policy.
In most situations, your insurance claim will be with a rideshare company and not with the driver. You may file this as an insurance coverage claim against them, and in many cases, no actual lawsuit is required.
You’re Not A Passenger And Got Injured. Can You Sue An Uber Driver?
Still, yes. And these are the two most common scenarios:
- You were one of the pedestrians struck by an Uber
- You were in a vehicle involved in an auto accident with an Uber driver.
Your conduct is dependent on whether the Uber driver was off the clock or on the clock but with a passenger inside the car, or on the clock and is available for a ride.
If the driver was off duty or on duty but waiting for a fare (without passenger), your complaint will be mostly against him, not Uber. But if the driver didn’t have a fare, Uber will disclaim liability for any claims. However, if the driver were at least available for trips, the company’s contingency insurance would kick in additional funds if necessary.
If the driver were carrying a passenger, the entire $1,000,000 coverage would apply to your auto accident.
Contact An Experienced Rideshare Accident Lawyer Right After Your Uber Or Lyft Accident!
Seeking legal representation soon after your Uber or Lyft accident provides the optimal chance of ensuring that you receive maximum compensation to which you are entitled.
We understand that your legal issues might occur at the most inconvenient time. Your legal difficulties can’t be put off any longer. When you need professional help, contact our experienced attorneys at Giordano Law Offices Personal Injury & Employment Lawyers right away. Call or text us now at (646) 217-0749 for a free consultation. You can also visit our website to fill in our contact form.