If you were hurt in an Uber or Lyft crash, you may need a rideshare accident lawyer in Atlanta who understands how these cases really work. Rideshare accidents are not always handled like typical car wrecks.
Insurance coverage can change depending on whether the driver was waiting for a ride, on the way to pick someone up, or carrying a passenger. That is where experience matters.
John Foy & Associates, known across Georgia as The Strong Arm™, has been standing up for injured people since 2003. Our Atlanta personal injury lawyers bring over 350 years of combined experience and have recovered more than $1 billion for clients. We believe in respect, real support, and no fees unless we win.
What to Do if You Were in an Uber or Lyft Accident
Anyone who is in any type of vehicle accident should call the police immediately. The police will make a formal report that will be used as the record of the accident. Too often, accounts of an accident vary as time passes, and it’s your legal obligation to notify the police when there are injuries, death, or property damage.
If you are unsure about the next steps, reach out to our dedicated team.
The Steps You Take Now Can Make a Difference Later
If you are able, gather as much information as you can at the scene. Write down the make and model of every vehicle involved, along with the license plate numbers and the names of the drivers. Use your phone to take clear photos of the vehicles, the damage, the road conditions, and anything else that may have contributed to the crash.
Pay attention to your rideshare driver’s behavior. Were they speeding, distracted, or acting impaired? If anyone appears seriously hurt, call 911 right away and request medical help.
Even if your rideshare driver contacts the police, you can still document the scene yourself. If there are witnesses, ask for their names and contact details. Share all of this information with your Atlanta rideshare accident lawyer to help protect your right to compensation.
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Uber and Lyft Car Accidents Compared to Other Auto Accidents
Unlike typical car or truck accidents, there are multiple insurance policies involved in a ridesharing accident. These may include:
- The rideshare company’s liability insurance
- The driver’s personal auto insurance
- Your own policy
This creates real insurance complexity. In a standard crash, you usually deal with one at-fault driver’s insurer. With rideshare services like Uber and Lyft, coverage depends heavily on the driver’s status at the time of the accident.
Why Driver Status Matters
The driver status, sometimes called the driver’s status, determines which policy applies:
- If the driver is offline, only their personal auto insurance applies.
- If the driver is logged in and waiting for a ride, limited liability coverage may apply.
- If the driver has accepted a ride or has a rideshare passenger in the car, the company’s commercial policy may provide up to $1 million in liability coverage.
That difference can dramatically impact your injury claim.
Liability Coverage and Insurance Policies
Liability coverage pays for injuries and property damage caused by the at-fault driver. In rideshare accident claims, determining which liability insurance policy applies is one of the first and most important steps.
The commercial policy carried by Uber or Lyft typically offers higher limits than a driver’s personal auto insurance. However, insurance companies do not automatically offer full payment. They often examine the driver’s status carefully to limit what they owe.
This layered system is what makes rideshare accident claims more complicated than most car accidents.
Be Careful Before Settling an Insurance Claim
Similar to any auto accident, insurance companies want you to settle quickly. They may contact you within days of the crash.
Once you accept a settlement, you typically sign away your right to recover additional damages from that accident. That means if your medical condition worsens later, you cannot go back and ask for more.
Never agree to give a recorded statement or accept a settlement in writing or over the phone without first speaking with an attorney. You could be leaving a lot of money on the table.
What Rideshare Drivers Should Do if They’ve Been in an Accident
Rideshare drivers who have had an accident should contact their company immediately to make a report. If the company reaches out to you, do not speak with the company or their insurance representatives without consulting with an Atlanta rideshare accident attorney first.
Don’t let an insurance agent lull you into believing that you’re dealing with anything other than a multi-billion dollar company that only wants to protect its interests. You have more rights than you may realize.
What if You Were a Rideshare Passenger?
If you were a rideshare passenger, you likely had no control over what happened. Whether your Uber driver caused the crash or another motorist did, you may be entitled to file an insurance claim.
As a passenger, you may be covered under the company’s commercial policy. That coverage can help pay for:
- Emergency and ongoing medical treatment
- Lost income
- Pain and suffering
- Property damage
Even so, insurers may still try to minimize your injury claim.
How Ridesharing Works
Ridesharing companies hire independent contractors to use personal vehicles to offer rides. These companies use software to help drivers and passengers connect and plan trips. Once the trip is complete, the app handles paying for the service.
It is an extremely convenient system with less friction than traditional taxis. However, there are significant liabilities for passengers who use these systems. In a normal taxi accident, the regulations and insurance policies are much more favorable to injured passengers.
Yet that doesn’t mean you’re without recourse. There are liable parties, and you can pursue compensation with the assistance of a rideshare accident attorney in Atlanta.
Liable Parties in Uber and Lyft Accidents
In Georgia, you must prove that the responsible party is more than 50% liable for the accident to claim damages. However, since you were a passenger, you are not at fault and are eligible to recover damages. Furthermore, rideshare drivers are supposed to have personal insurance policies, and they are covered by corporate policies while they are on the clock.
Because multiple policies may apply in a rideshare crash, it’s important to understand how liability is determined in rideshare accidents, especially when both the driver’s personal insurance and the rideshare company’s coverage could be triggered.
Uber carries insurance on a car from the minute their driver accepts a trip to its conclusion. Uber Black, Uber SUV, and UberTaxi (where applicable), however, are covered under the commercial partner’s insurance company. Lyft also has very clear insurance policies for its drivers, with amounts differing when a ride is in session versus when a driver is between rides.
Wrongful Death Caused By a Rideshare Accident
If your loved one suffered a wrongful death because of a rideshare accident in Atlanta, you may be eligible to pursue damages from the person or persons responsible on their behalf.
Damages can include everything from lost wages from your loved one’s financial support, loss of consortium, and funeral and burial costs. A lawyer can help you fight for justice after tragedy. Like passengers, you will be eligible to pursue damages from both the driver’s and their employer’s insurance policies.
Our rideshare accident attorneys will choose the path that best fits your needs for compensation. Understanding how insurance coverage works in rideshare accidents is key to ensuring you claim everything you are entitled to.
Damages You Can Recover from an Uber or Lyft Accident
Accident victims are entitled to recovery from medical costs, repairs for car damage, and pain and suffering, among many other damages. In addition, if the driver is criminally at fault (i.e., driving under the influence), you are entitled to punitive damages, which go above and beyond your costs of the accident and are meant to punish the driver for disobeying the law.
If you’re unable to work after your accident, you can include lost wages in your claim. If you’re no longer able to work in the capacity you were able to before your accident, your rideshare accident lawyer in Atlanta can include the loss of future earnings as well.
Atlanta Rideshare Accident Lawyers Will Manage Your Case
After seeking medical attention following a crash, you will want to speak with an Atlanta rideshare accident lawyer. An attorney can guide you through legal processes for your case and manage your claim in several ways, including:
- Investigating the accident to determine fault and liability
- Collecting evidence to support your claim
- Look into the time reports from the rideshare driver
- Establishing your damages and your case value
- Handling all communications and paperwork
- Negotiating a settlement with the insurance adjuster
- If necessary, taking the at-fault party to trial
What if the Uber or Lyft Driver Has No Passengers When They Hit You?
Georgia, along with a few other states, passed legislation regulating ridesharing companies and requiring them to cover their drivers as soon as the driver and app user connect via the app. That means coverage is required for drivers who accept a fare but haven’t yet picked up their passengers.
Your law firm’s investigators will dig into the facts of your accident to see if the driver was on the clock or just driving for personal use. Either way, you can get representation from a rideshare accident lawyer in Atlanta for your case.
Common Issues With Rideshare Companies
With controversy surrounding rideshare companies, the complexity of collision cases can be quite overwhelming. Some common problems with rideshare companies, such as Uber and Lyft, that could be used against them in your case include:
Lack of Driver Training
The only requirements to be a rideshare driver are a driver’s license and a vehicle that is in decent condition. There is no driver skill test conducted by Uber or Lyft to determine if that driver would be a proper candidate to provide ridesharing services to the general public. The risks involved with no background check or driving test could be the reason for an accident.
No Proper Regulation
Ridesharing companies have been given a new classification known as Transportation Network Companies (TNC), but few regulations have been written yet. Unfortunately for passengers, this lack of regulation makes them vulnerable to negligence and reckless behavior.
Unclear Insurance Policies
There are many loopholes in rideshare company insurance policies. There is no regulated verification as to whether the driver has insurance. The driver could be uninsured or underinsured. Also, even though Uber and Lyft have their own insurance policies, there is no guarantee that they will pay up and could turn the blame on you or the driver.
Rideshare Accident Attorneys in Atlanta Can Help
Without a personal injury attorney representing you, you will be at the mercy of a large, sophisticated multimillion-dollar company that really doesn’t care if you’re taken care of. Insurance companies look at cases very differently if they know you’re represented by an attorney.
You only have one chance to get what you deserve, and we can help you. We offer our services on a contingency-fee basis, which means you owe us nothing unless we win money for you.
Speaking with a rideshare accident lawyer in Atlanta can help you understand your rights and avoid costly mistakes. At John Foy & Associates, we provide strong representation with real respect for our clients.
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