Cumming Uber & Lyft Accident Lawyer
The experience of going through a car accident can be extremely stressful, and when it is made more complicated when the other driver is working for Uber or Lyft, it can get confusing. When you have been through a car accident, the opposing party and their insurance company are concerned with settling as soon as possible, for as little as possible. An attorney with experience in your area knows the process, what the norms of settlements are, and how to make the most of your case.
A local Cumming Uber and Lyft accident attorney from Spaulding Injury Law can help you determine the value of your case and to maximize your compensation.
Uber and Lyft are Rideshare Companies that Use Owners’ Own Vehicles as Taxis
While to some, Uber and Lyft are commonly known services that are used regularly, not everyone knows why so many cars nowadays have an Uber, Lyft, or another rideshare or rideshare delivery service like DoorDash or UberEats. Uber and Lyft are called “rideshare” companies because the owners of vehicles essentially share their rides by providing passenger taxi services, or delivery services for food or goods.
Individuals who work for Uber and Lyft are independent contractors, in that they own their own vehicles and are not employees of Uber or Lyft. They sign complex work agreements that ensure that Uber and Lyft have minimal liability by simply providing a service through which the drivers are able to find passengers, and for that, Uber and Lyft take a cut of the earnings. You find a rideshare driver through the various applications by the companies available on your smartphone.
Who Pays for My Damages if I Am Hit by an Uber or Lyft Driver?
When a car accident has occurred, who pays for damages is determined during the insurance claim process, and to take compensation from another party’s insurance company, you must prove liability and damages. Generally, in a car accident, you will file your claim with your insurance company, and the opposing party’s insurance company may then be contacted by your insurance company for coverage. Within an Uber or Lyft driver, their insurance company is likely to deny their claim for coverage, as most personal car insurance policies do not cover taxi-like business activities.
So who will cover your losses if the other party is at fault and they were driving for Uber or Lyft? In New York, as reported by StreetsblogNYC, Uber and Lyft drivers are required to carry $1.25 million in liability insurance to cover any claims against them regarding accidents. Boston.com has reported that government initiatives are seeking to reclassify Uber and Lyft drivers as employees and not independent contractors, which would increase the liability of the companies further in the event of an accident.
Whether Uber or Lyft is Liable May Be Up To the Courts
The trends in court related to Uber and Lyft are shifting as the companies’ level of dominance has increased significantly in many cities where taxis were once far more common. In some areas, it is simply not possible to hail a taxi anymore, making Uber and Lyft and other rideshare companies the only option for transportation for many individuals. The more Uber and Lyft drivers that are on the road, the more accidents that will be experienced. If the opposing driver does not have liability insurance separate from their personal car insurance plan, you may have no other opportunity than to pursue the driver.
Knowing what options are available to you for recovery will vary from state to state and even city to city. When cases come to trial, the assignment of liability will depend upon the judge or jury. During settlement negotiations, the insurance company’s offers will determine what might be available to you. An experienced Cumming Uber and Lyft accident attorney can help to ensure that your outcome is ideal and your damages fully covered.
Car Accidents with Uber and Lyft Drivers Can be Complex
A car accident might involve the other driver(s), their insurance companies, your insurance company, and if one of the drivers involved was working for rideshare, potentially the rideshare company as well. Knowing whether Uber and Lyft might have some responsibility in your accident will depend upon state law. An experienced Cumming car accident attorney will have encountered such cases and know the norms in regards to how they will process in your area.
The Opposing Party’s Insurance Company Does Not Work for You
When you have been through an accident, you may receive a settlement offer relatively quickly that might seem to cover your immediate costs, including repairs or replacement for your vehicle and any related medical bills. However, settling sooner can deny you the ability to pursue further damages in the future should additional damages emerge. Not all injuries in accidents emerge immediately, and so not only is it important to seek out medical attention, but to consult with an attorney before settling to consider the short- and long-term implications of your accident.
Having an attorney to advocate for you during the settlement process, and as necessary, in court, will substantially support the outcome of your case and help to maximize your settlement to ensure you receive full compensation.
Insurance Coverage
While every Uber or Lyft accident comes with its own set of circumstances, the rideshare companies’ insurance coverage typically plays out in the following ways:
- If you are injured by the negligence of an Uber or Lyft driver as a passenger, the rideshare company’s robust insurance coverage is triggered.
- If you are injured by the negligence of an Uber or Lyft driver who has a passenger or is on the way to pick up a passenger, the rideshare company’s coverage remains in play.
- If you are injured by the negligence of an Uber or Lyft driver who is on the app but is waiting to be assigned a passenger, the rideshare company’s coverage will pick up where the driver’s own leaves off.
- If you are injured by the negligence of an Uber or Lyft driver who is no longer on the app, the claim will proceed like any other car accident claim.
It’s important to note that rideshare drivers are required to carry additional liability coverage that is over and above the requirements for other drivers. Further, because many rideshare drivers are known to flip back and forth between Uber and Lyft, it can lead to lag-time accidents that are not covered by either company’s insurance policy.
Rideshare Drivers Face Enhanced Challenges
Driving is an immense responsibility, and rideshare drivers face both enhanced responsibility and greater driving challenges, including:
- Rideshare drivers are required to follow the rules of the road while they interact with the rideshare app, which can cause distraction.
- Rideshare drivers are not commercial drivers, which means they are not required to have any additional driving experience, skill, or special licensure.
- Rideshare drivers are required to frequently enter and exit traffic, travel in areas that are unfamiliar to them, and locate passengers who are unknown to them – all of which can increase the risk involved.
- Rideshare drivers tend to put in long hours behind the wheel, which can lead to exhaustion-related accidents.
Protect Yourself
When you get in a rideshare, you’re getting in a vehicle with someone you don’t know, and it’s important to protect yourself in the process. Some basic steps you can take to ensure that your ride is safe include:
- Both Uber and Lyft provide you with the license plate number of your driver, and checking this against the car you enter is rule number one. If the two do not match or the car in question doesn’t have a license plate, don’t get in. Your driver’s name and likeness should also coincide with the information provided to you by Uber.
- If the rideshare driver doesn’t know your name and destination without you telling him or her, do not get in the vehicle.
- While rideshares are a great way to ensure that you never drive impaired, getting into a vehicle with a stranger when you are intoxicated can be risky.
- Sit in the back passenger seat unless you are with a group of people whom you know. If the driver asks you to sit in front, hail another rideshare.
Even if you follow all safety guidelines, you can still suffer injuries, and you should never wait to learn about your legal rights from a Cumming Uber and Lyft accident lawyer.
What Should I Do Right After My Uber or Lyft Accident?
The first step following an accident is to seek the necessary medical attention, then to have a follow-up with your physician to ensure your health. Then, contact an attorney before accepting any settlements or making any statements concerning fault. Collect information from the opposing drivers and any witnesses at the scene, including their contact information. Contact the police and request a report. From there, determining who is at fault and whether Uber or Lyft may be liable can be best accomplished by a Cumming Uber and Lyft accident attorney.
Connect with Cumming Uber & Lyft Accident Attorneys at Spaulding Injury Law Today
To speak with an experienced attorney in your area who knows the process, the courts, and the insurance companies, contact us at Spaulding Injury Law now.
Spaulding Injury Law Cumming Personal Injury Lawyers is located at 5860 Bond St, Cumming, GA 30040, United States
