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Rideshares are growing in popularity, providing more options for people who need to get from one place to another. If your car is being repaired, if you don’t drive, if you’ve been drinking and need a ride home—a rideshare can help you.
However, rideshares are not immune to car accidents, and people often have questions about liability after a collision involving a rideshare vehicle.
Can a Dekalb County Rideshare Attorney Help Me Sue Uber or Lyft?
During your free consultation, we will evaluate your case and determine the best way to recover your damages. Suing Uber or Lyft may not be necessary because they have relatively robust insurance coverage, so in many cases, we pursue a claim against their insurance policy.
If the rideshare driver was not at fault or was only partly at fault, we may pursue a claim against one or more other parties.
First, we will examine the accident report and discuss your role in the collision. If you were a passenger in a rideshare or in a car hit by a rideshare, then we will focus on learning which driver was at fault.
Georgia allows for shared liability in car accident cases, so it’s possible each driver had some percentage of fault. If so, we may be able to seek compensation from both insurance carriers.
What if a Rideshare Driver Hit Your Car?
If you collided with a rideshare while you were driving your own car, we would review the other driver’s statement and other information in the police report. Often, an at-fault driver will claim the other party was to blame for the accident; their insurance carrier will likely take the at-fault driver’s side because they don’t want to pay your claim.
When this happens, it’s essential to have an experienced rideshare lawyer on your side. We’ll investigate the accident and search for additional evidence to show the other driver was responsible.
Our process includes visiting the accident scene, speaking with witnesses, searching for photos or videos of the crash, examining event data recorder (EDR) data, and more. After compiling as much evidence as possible, we’ll establish a strategy to win your case.
How Does Modified Comparative Fault Affect Your Rideshare Claim?
Georgia law acknowledges that not all accidents are 100 percent the fault of a single party. It’s possible that you and the rideshare driver both made mistakes that contributed to the crash.
Sometimes, clients tell us they think an accident was their fault because of an error they made, but they may only have a small percentage of responsibility.
Under the state’s modified comparative negligence laws, you can still collect damages from the other party if you have less than 50 percent of the fault in your accident. The catch is that you will lose your own percentage of fault from the final settlement.
If you were 10 percent to blame, you would lose 10 percent of your damages.
Unfortunately, the rideshare’s insurance company may claim you had a higher percentage of fault than you did. Or, they might say you shared the blame for the accident when you did nothing wrong.
That’s why your attorney will start investigating your case immediately and work to show that you had no or very little responsibility so you can receive the largest settlement possible.
Does the Rideshare Company’s Insurance Apply to All Accidents?
Rideshare companies have different levels of insurance coverage depending on what the driver is doing at the time of the accident. Drivers must also maintain their own personal auto insurance, which may be used instead of the rideshare company’s insurance in some situations.
If you are a rider in a rideshare when the accident occurs, you should be eligible for the full $1,000,000 in liability insurance if the driver is at fault. This coverage applies whenever an Uber or Lyft driver has accepted a fare and is either en route to pick up or carry a rider.
This should cover medical bills, lost income, and other damages related to your injuries and property damage. If you’re in another vehicle, the coverage may be lower if the rideshare driver hasn’t yet engaged with a fare.
Both Uber and Lyft have lower-tier coverage for the period when a driver is signed onto the app but has not yet accepted a request. During this time, the liability coverage is only $50,000 per person for bodily injury damages ($100,000 per accident) and $25,000 for property damage.
If your damages are below these limits, we will make a claim with the rideshare insurance company and go from there; if not, we will pursue the driver’s personal insurance.
Sometimes, a client believes the other motorist was driving for a rideshare company because of a sticker or light on the vehicle with the company’s name or logo. However, if the driver is not signed into the rideshare company’s app at all, then they are on their own time, and we will seek compensation from their personal insurance.
It’s important to understand that the presence of a sticker or light doesn’t necessarily mean the vehicle is currently being used for rideshare purposes, but if there is any doubt or disagreement, we can seek the rideshare company’s records to be sure.
What if an Uninsured Driver Hits You While You Are Driving for a Rideshare Company?
If you have accepted a ride request, Uber and Lyft have uninsured/underinsured motorist coverage for bodily injury that will apply if your personal insurance is insufficient. In other situations, you will rely on your UM/UI coverage.
You never know when an uninsured driver might cause an accident, so we highly recommend buying as much UM/UI coverage as you can afford for your personal insurance.
Uber and Lyft also maintain Comprehensive/Collision coverage, which will cover body damage to your car no matter who is at fault as long as you have accepted a ride request. Uber has a $1,000 deductible, and Lyft has a $2,500 deductible, which is not helpful for minor damage.
It’s also contingent on the driver maintaining Comprehensive/Collision coverage on their personal insurance.
Do You Need Rideshare Insurance as a Rideshare Driver?
Probably. You should check with your personal car insurance company, but most insurers today require subscribers to purchase separate rideshare insurance if they will be driving for Uber or Lyft.
Your personal auto insurance is not meant for commercial endeavors.
This can be a problem if you drive for a rideshare without buying the additional coverage, have an accident, and the insurance adjuster finds out about your gig work. In this situation, the adjuster is likely to deny your claim entirely because you weren’t forthcoming about how you were using your car.
If you plan to start ridesharing, don’t do anything until you talk to your insurance agent and update your coverage as needed.
What About Other Rideshare Injuries?
Unfortunately, both Uber and Lyft have faced criticism about safety concerns and have released internal data indicating that thousands of riders have reported experiencing sexual or physical assaults during rides. Drivers have also reported assaults by passengers.
The two industry leaders have introduced new safety features, including app options to report a problem during a ride more easily.
If you suffered an assault in a rideshare, whether as a passenger or a driver, please report the incident to the police and seek medical care for your injuries right away. Then, contact a rideshare attorney to learn your options for recovering damages.
We will investigate the incident immediately, and if we find evidence that the rideshare company was negligent, we can help you pursue a claim. Examples of negligence on the company’s part might include failing to perform due diligence before hiring a driver or ignoring complaints about a rider’s or driver’s behavior on previous rides.
How Can You Get Help From a Dekalb County Rideshare Law Firm?
If you or a loved one have been injured in a rideshare accident or assault, please contact the personal injury attorneys at the CEO Lawyer Personal Injury Law Firm for a free case review. We’ll learn about what happened, answer your questions, and lay out the options for recovering compensation.
Your initial consultation is free, and there is no obligation. If we take your case, we won’t charge you anything until we win or settle it, so there is no need to worry about upfront fees.
Attorney Ali Awad founded the CEO Lawyer Personal Injury Law Firm and rapidly transformed it into one of the fastest-growing law firms in the country. He and his team have over twenty years of combined experience and have recovered millions of dollars in compensation for injured people and their families.
When he’s not working on a case, you can find Mr. Awad on social media, giving no-nonsense legal advice to more than a million followers. Work with The CEO Lawyer today by calling 833-254-2923.