- October 7, 2018
There are over 264 million registered vehicles and 218 million valid drivers license holders in the US.
In 2017, 4.57 million of those drivers sustained injuries in car crashes. But what happens if you’re involved in a car crash while riding in an Uber or Lyft?
Deciding whether to file a Lyft or Uber accident lawsuit depends on the circumstances of the accident. You need to know who’s liable for your injuries and suffering. Keep reading to find out who is responsible for compensating you.
Who is Liable?
First, the liable driver owed a duty of care to the person injured. Second, the liable driver neglected to fulfill that duty of care. Lastly, that negligence was a significant cause of the injured person’s injuries and suffering.
Who Do I File a Lyft or Uber Accident Lawsuit Against?
If you’re a passenger in an Uber or Lyft and the driver is involved in an accident, you’re covered by the company’s commercial liability coverage. Depending on the circumstances, you may also be able to file a lawsuit against the driver.
According to our Los Angeles car accident attorneys, if another driver was liable for the accident, you can file a claim against that driver. In the case that the other driver doesn’t have insurance, Uber or Lyft covers damages. In most cases, you’re covered up to $1 million per accident.
If an Uber or Lyft driver causes an accident, the driver or passenger of the other vehicle can make a claim against the Uber or Lyft driver.
Questions to Consider
Before filing a lawsuit, consider the following questions. These may affect the Lyft or Uber accident lawsuit.
What was the Uber Driving Doing?
Whether you’re a passenger or another driver, the amount of insurance coverage available to you depends on what the driver was doing when the accident occurred:
- Whether the driver had a passenger already or was picking up a ride
- Whether the driver was logged into the ride-sharing application and awaiting a new passenger
- Whether the driver was driving on their own time and not logged into the app
These three things change the insurance coverage policies and what’s available to cover your damages in a personal injury lawsuit.
What was the Drivers Status?
If an Uber or Lyft driver is the negligent party in an accident, the amount you can recover depends on the status of the driver. Liability changes based on whether the driver is an employee or an independent contractor. And if the driver was driving on their own personal time, the situation is altogether different.
Were You Wearing a Seatbelt?
If you weren’t wearing your seatbelt when the accident occurred, you may not be able to recover compensation. At the very least, compensation may be reduced.
This is because the person who caused the accident can claim that not wearing a seatbelt was the cause of the injuries you sustained. You can be accused of negligence for not wearing a seatbelt.
Were You Involved in a Motor Vehicle Accident?
When you sustain injuries from an accident in a ride-share, figuring out who to file a Lyft or Uber accident lawsuit with can be tricky.
Depending on who was at fault, the driver’s status and what they were doing at the time of the crash can change what you’re entitled to. You may be entitled to coverage under the ride-shares insurance, or you may need to file a personal injury lawsuit.
An experienced (practice area) attorney can help you get compensation for things like:
- Medical bills
- lost wages
- pain and suffering
- transportation costs
- and more
If you’ve been involved in an accident, contact Los Angeles car accident injury attorneys at The Barnes Firm to find out who you should sue and what you’re entitled to.
We’ll put our best Los Angeles car accident lawyers on your case to help you get the best results possible.
The Barnes Firm (800) 800-0000