Rideshare services often make our lives easier by providing fast and convenient transportation when and where we need it, but like any other vehicle on the road, your rideshare could be involved in an accident. If you are stuck with medical expenses after such an event, a Duluth rideshare lawyer can help you seek compensation for your injuries.
Accidents involving Uber, Lyft, or other rideshare platforms can be more complicated than typical car crashes. Determining liability isn’t always straightforward—insurance policies vary depending on whether the driver was logged into the app, actively transporting a passenger, or simply using their vehicle for personal reasons.
During these trying times, the CEO Lawyer Personal Injury Lawyer stands ready to help. Call us today at (833) 254-2923 to get started.
Can a Duluth Rideshare Attorney Help Me Sue Uber or Lyft?
Possibly, but in most cases, it isn’t necessary or beneficial to sue a large corporation when there are easier ways to obtain compensation.
Rideshare drivers are required to have their own car insurance. If they are actively carrying a fare or on their way to pick one up, the rideshare company also offers additional insurance coverage.
Much of the time, the simplest solution is to file a claim and negotiate a reasonable settlement with the insurance company with the assistance of a Duluth rideshare attorney. This can still be a complex process, especially if the other driver or their insurance carrier tries to shift blame for the accident elsewhere, but your attorney can assist you in navigating the challenges.
Understanding Coverage in Rideshare Accidents
Both Uber and Lyft have different levels of coverage depending on what the rideshare driver is doing at the time of the accident. Here’s how it works in Georgia:
If the Driver Is Not Logged In on the App
In this scenario, then the accident really has nothing to do with Uber or Lyft. The driver is considered to be operating the vehicle for personal reasons, and, as such, their personal car insurance should cover their liability in the event of an accident.
Georgia requires a minimum of $25,000 in bodily injury liability per person and another $25,000 in property damage liability, but some drivers may have more coverage.
If the Driver Is Logged In but Hasn’t Accepted a Ride
If the driver is signed on and available to accept a fare but hasn’t yet, both Uber and Lyft provide additional coverage of $50,000 in bodily injury liability per person ($100,000 per accident) and $25,000 for property damage liability.
This only kicks in if the driver’s personal insurance doesn’t already cover those amounts. Uber has the same coverage for delivery drivers.
If the Driver Has Accepted a Ride
Once the driver has accepted a fare and is either on their way to pick up the passenger or en route to the destination, a higher level of insurance applies. Both companies maintain $1,000,000 in third-party liability insurance, so if you are injured by an at-fault rideshare driver in this situation, you should have access to robust coverage.
Note that this third-party insurance applies to passengers in the rideshare, as well as people in other vehicles who were injured by the rideshare driver’s negligence.
If You Are Another Driver
If you were another driver involved in an accident rather than a passenger in the rideshare, you might run into difficulties if the rideshare driver and/or insurance company insist that you were at fault. Your lawyer can help you compile evidence to show you were not responsible.
What if You Are a Rideshare Driver in an Accident?
If you had accepted a fare at the time of the accident, Uber offers uninsured/underinsured motorist coverage and/or first-party insurance for bodily injury and comprehensive/collision coverage for damage to your vehicle. Delivery drivers only have comprehensive/collision coverage.
Lyft offers similar first-party policies, which may include uninsured/underinsured motorist, MedPay, or Occupational Accident coverage. They have “contingent” comprehensive and collision policies for vehicle damage if you also have these on your personal insurance, but the deductible is $2,500.
If you have not accepted a fare, your personal insurance will apply to your damages (whether or not you were online and available for fares). It’s important to note that your personal liability insurance will not cover your own damages, only your liability to others.
When purchasing personal insurance, we recommend MedPay coverage, which pays your medical bills regardless of fault in an accident, and collision coverage, which pays for your vehicle damage regardless of fault. If you don’t have these options on your policy, and you were at fault in an accident when you didn’t have a fare, you may not be able to recover damages.
That said, you should still speak with a lawyer to be sure you were really at fault—sometimes, people incorrectly believe they were responsible for an accident when they weren’t.
One final thing you should know about car insurance and rideshare driving is that many insurance companies require policyholders to add rideshare or commercial insurance if they are going to be driving professionally. If you don’t do this and your insurance adjuster finds out after the fact—from a police report on the accident, for example—they may deny you coverage.
Always check with your insurance agent to ensure you have the required policies before you begin driving for a service.
What if the Insurance Company Denies Your Claim and Says You Were at Fault?
This is a potential problem in any car accident case, whether or not it involves a rideshare driver. Disagreements about fault are common, and in many cases, there may not be much evidence when the police arrive at the scene.
In some situations, the police report is inconclusive or may include errors based on limited evidence. However, your rideshare attorney will work to find additional evidence to support your case.
Our investigative team will visit the accident site, canvas the area, look for additional witnesses who may have been missed, and seek out photo or video evidence of the crash. We may also pursue information from the rideshare driver’s event data recorder, or EDR (a device found in most modern vehicles that records numerous data points about an accident).
Georgia also uses comparative fault in personal injury cases like car accidents, so it’s possible that both you and the rideshare driver made mistakes that led to the crash. As long as you were less than 50 percent at fault, you can still collect damages from the other driver, but you may need to prove that you had a lower level of responsibility.
Any percentage of damage assigned to you will be deducted from your final award, so your attorney will work to show that your contribution to the crash was minor.
What if a Rideshare Driver Hits You as a Pedestrian or Bicyclist?
The same rules apply. You will be able to make a claim on the driver’s personal liability insurance or the rideshare company’s third-party coverage, depending on whether the driver was logged in or had a fare.
Again, you may be in a situation where the driver blames you for the accident—for example, they may claim that you were outside the crosswalk or darted into the street too quickly for them to stop. If you’re injured by a driver while walking or biking, we recommend consulting a lawyer as soon as possible to protect your legal rights.
What About Other Injuries in a Rideshare?
Not everyone who is harmed in a rideshare is in a car accident. In some situations, people have been assaulted or sexually harassed/assaulted in rideshares.
Either the passenger or the driver can be a victim in these cases. It’s no surprise that many riders have expressed concerns about their safety, and the two largest rideshare platforms have responded by sharing some of their data.
The most recent safety report released by Uber showed that in the two-year period of 2019 and 2020, the company received 3,824 reports of sexual assault. This was a significant decrease from 2017-2018, but the platform also saw a large drop in overall ridership in 2020 due to the pandemic.
The 2019-2020 report also noted 20 deaths associated with physical assaults during rides. Lyft, on the other hand, released a safety report covering 2017 to 2019, which revealed 1,458 sexual assault incidents in that period.
Both platforms say they perform background checks on all drivers and have added safety features to their apps so riders can report problems more quickly.
What Should You Do After an Assault in a Rideshare?
For the most part, it is possible for a passenger to file a claim if they’ve been physically assaulted in a rideshare. Depending on the circumstances, you may be able to pursue compensation from the perpetrator themselves or the rideshare company.
The assailant will also likely face criminal charges on top of any damages they may have to pay.
If you’re a victim of assault, here’s what you should do:
- Seek medical care for your injuries: Even if injuries seem minor, getting medical attention ensures proper treatment and documents evidence of harm.
- Report the assault to the authorities: Filing a police report creates an official record, which can be crucial for legal action or insurance claims.
- Consult a personal injury lawyer: A Duluth car accident lawyer can help you understand your rights, including compensation for medical bills, lost wages, pain and suffering, and other damages.
- Explore legal action against the rideshare company: If the company’s negligence (such as ignoring prior complaints about a dangerous driver or rider) contributed to the assault, you may have grounds for a civil lawsuit.
- Gather evidence of negligence: If the rideshare company failed to act on safety concerns (e.g., multiple complaints about a driver or rider), this could strengthen your case for liability.
Once you have taken these steps, one of our legal experts at the CEO Lawyer can help you build your case and fight for the justice you deserve.
How Long Do I Have to File a Case?
If you’ve been injured in a rideshare accident in Georgia, it’s important to act quickly. The state imposes strict deadlines, known as the statute of limitations, for filing a personal injury claim.
The state affords you a two-year period from the date of an accident to file a claim or lawsuit for injuries, and up to four years if only property damage was sustained. If a loved one died in a rideshare accident, surviving family members typically have two years to file a wrongful death claim.
There are several exceptions and special cases to the statute of limitations:
- Minors: If the victim is under 18, the clock may not start until they turn 18.
- Government Vehicles: If a government entity is involved (e.g., a city bus), you may need to file a notice of claim within 6–12 months.
- Uber/Lyft Arbitration Clauses: Passengers who agree to the apps’ terms of service may be required to resolve disputes through arbitration, which has its own deadlines.
Missing these deadlines could bar you from recovering compensation after a car accident. Even if you’re negotiating with an insurance company, don’t wait until the last minute—evidence can disappear, and witnesses’ memories fade.
Work With Our Duluth Rideshare Law Firm Today
When you’re facing financial challenges after a rideshare accident, contact the CEO Lawyer Personal Injury Law Firm for a free, confidential consultation. We’ll review your case, answer your questions, and explain the options for recovering damages.
You have no obligation, and if we take your case, there is no charge until we win or settle it.
Attorney Ali Awad founded the CEO Lawyer Personal Injury Law Firm and quickly transformed it into one of the fastest-growing law firms in the country. He and his team have more than twenty years of combined experience and have recovered millions of dollars for injured people and their families.
In his spare time, Mr. Awad posts about legal topics for more than a million followers on social media. To work with our Duluth rideshare law firm, call (833) 254-2923 or contact us online.
