Can I Sue Uber Or Lyft For A Car Accident?
If you’ve been injured in a car accident involving an Uber or Lyft vehicle, you may be wondering if you can sue these rideshare companies for your injuries. The short answer is that it’s possible, but there are important legal factors to consider.
Uber and Lyft drivers operate under unique circumstances that can make these cases more complex than typical car accidents. Let’s break down the key points you need to understand when pursuing a claim against Uber or Lyft after a car accident, and explore in greater detail what the legal process may look like for victims of these accidents.
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Can You Sue Uber or Lyft Directly?
Suing Uber or Lyft directly for a car accident can be challenging because these companies classify their drivers as independent contractors rather than employees. This classification allows Uber and Lyft to avoid direct liability for most accidents caused by their drivers. However, that doesn’t mean you’re left without options. Both companies are required to carry specific insurance policies that protect passengers, drivers, and other people injured in accidents involving Uber or Lyft vehicles.
This rideshare insurance typically includes coverage for the following situations:
When The Driver Is Available And Waiting For A Ride
If the driver is logged into the Uber or Lyft app but has not yet accepted a ride, the company’s insurance provides coverage up to $50,000 per person for bodily injury, $100,000 per accident, and $25,000 for property damage.
When The Driver Is On The Way To Pick Up A Passenger Or During A Trip
When the driver has accepted a ride and is either en route to pick up a passenger or transporting them to their destination, Uber or Lyft’s insurance provides up to $1 million in liability coverage. It’s important to note that Uber and Lyft no longer provide uninsured or underinsured motorist coverage in Texas.
In most cases, Uber and Lyft’s insurance will be the primary avenue through which you seek compensation for your injuries. However, this doesn’t mean that Uber or Lyft can never be sued directly. There are specific situations where the rideshare company itself could be held accountable.
Situations Where Uber or Lyft May Be Liable
While Uber and Lyft have designed their business models to shield themselves from direct liability, there are circumstances under which they can be sued directly. These situations typically involve some form of negligence on the part of the rideshare company beyond the actions of the driver. Some examples include:
Negligence in Hiring or Retaining Drivers
If Uber or Lyft fails to properly vet their drivers, or allows a driver with a history of dangerous behavior, criminal activity, or a poor driving record to continue working, the company could be held liable. For instance, if an Uber driver had prior DUIs or reckless driving incidents that were overlooked during the hiring process, and they caused an accident while driving for Uber, the company could be sued for negligent hiring practices.
Negligence in Training or Monitoring Drivers
If Uber or Lyft did not provide proper training to drivers or failed to monitor unsafe driving behaviors that contributed to the accident, this could open up the possibility of a lawsuit against the company. While rideshare drivers are independent contractors, there is an expectation that companies like Uber and Lyft ensure that their drivers meet certain standards for safety.
Defective Technology or App Malfunctions
In some cases, an accident may occur due to a malfunction with the Uber or Lyft app, such as issues with GPS directions or problems that cause drivers to become distracted. If the app’s design or operation directly contributes to a crash, the company may be liable for the resulting damages.
Improper Insurance Coverage
If Uber or Lyft fails to maintain the required levels of insurance coverage or misrepresents the extent of coverage available, the company could be held accountable for the gap in coverage.
Each of these scenarios involves more than just the driver’s actions. They relate to how Uber or Lyft runs their operations, manages their drivers, or maintains their technology. These cases can be more complicated than filing a standard personal injury claim against an at-fault driver, which is why it’s important to consult with an attorney experienced in handling Uber and Lyft accidents.
Filing a Claim Against the Driver
If Uber or Lyft isn’t directly liable for the accident, you can still pursue compensation through a claim against the driver. Rideshare drivers are required to carry personal auto insurance in addition to the insurance policies provided by Uber and Lyft. Depending on the circumstances, you may need to file a claim with the driver’s personal insurance company, Uber or Lyft’s insurance, or both.
Here’s a breakdown of how this process typically works:
Filing a Claim with the Driver’s Insurance
If the Uber or Lyft driver was at fault for the accident and was not actively transporting a passenger or logged into the app, the driver’s personal insurance would generally apply. However, many personal auto insurance policies exclude coverage for accidents that occur while the driver is using their vehicle for commercial purposes, such as ridesharing. If the driver’s insurance denies the claim, Uber or Lyft’s insurance might come into play.
Filing a Claim with Uber or Lyft’s Insurance
As mentioned earlier, Uber and Lyft provide different levels of insurance coverage depending on whether the driver is actively using the app. If the driver was logged into the app but wasn’t yet transporting a passenger, the company’s lower level of coverage may apply. If the driver was in the process of transporting a passenger, the higher $1 million liability policy would apply.
It’s important to understand that the rideshare driver’s insurance situation can be complex, and the process of determining which insurance applies can be confusing. This is another reason why having a knowledgeable personal injury attorney on your side can be invaluable in rideshare accident cases.
What to Do After a Rideshare Accident
If you’ve been involved in an accident while riding in an Uber or Lyft vehicle, or if you were struck by a rideshare vehicle, there are several steps you should take to protect your health and legal rights:
- Seek Medical Attention: Even if your injuries seem minor, it’s important to be evaluated by a medical professional. Some injuries, such as concussions or internal bleeding, may not be immediately apparent.
- Call the Police: Always report the accident to the police. A police report can provide crucial evidence when filing an insurance claim or lawsuit.
- Document the Accident Scene: Take pictures of the vehicles involved, the accident scene, and any visible injuries. If there were witnesses, collect their contact information.
- Report the Accident to Uber or Lyft: Both Uber and Lyft have protocols for reporting accidents. You can report the accident through the app or contact customer service.
- Contact an Attorney: Rideshare accident cases can be complicated, involving multiple insurance companies and legal regulations. An experienced personal injury attorney can help you navigate the claims process and ensure that you receive fair compensation.
What happens if I am hit by an Uber or Lyft driver who wasn’t logged into the app?
If the driver wasn’t logged into the Uber or Lyft app at the time of the accident, their personal insurance policy will apply. Uber and Lyft’s insurance typically doesn’t cover accidents that occur when the driver is off-duty.
Can I sue the rideshare company if the driver was at fault?
In most cases, you will seek compensation through the insurance provided by Uber or Lyft. Suing the company directly is only possible under specific circumstances, such as negligent hiring or technological issues.
How long does it take to settle a rideshare accident claim?
The length of time it takes to settle a rideshare accident claim depends on the complexity of the case and the willingness of the insurance companies to negotiate. Some claims can be resolved in a few months, while others may take a year or more if they go to trial.
How Allbee Law Firm Can Help You
At Allbee Law Firm, we focus on helping victims of rideshare accidents get the compensation they deserve. Whether you’re dealing with Uber or Lyft’s insurance companies or seeking to hold the rideshare company accountable, we have the experience to navigate the complex legal landscape on your behalf.
We understand how stressful and overwhelming the aftermath of a rideshare accident can be, especially if you’re dealing with painful injuries and mounting medical bills. Our team is here to guide you through the legal process, negotiate with insurance companies on your behalf, and pursue the maximum compensation for your losses.
If you or a loved one has been injured in a rideshare accident, contact us today at (972) 848-4848 for a free consultation.
