If you sustained injuries in an accident that involved a Lyft vehicle, you may be entitled to compensation. However, obtaining this compensation requires a professional legal approach.
Ride-sharing accidents aren’t the same as traditional car crashes. Instead of filing a claim with the driver’s insurance company, you may need to seek compensation from Lyft. An experienced Dunwoody rideshare accident lawyer can help you figure out how to go about getting the money you deserve.
Who Is Liable in a Lyft Accident?
To figure out how to file a claim in a Lyft accident, you need to learn who is responsible. Just as with any car accident, you may have to seek compensation from several liable parties. They may include:
- Lyft driver – if the driver failed to abide by traffic laws and crashed into your vehicle, they may be found liable. The same applies if you are a passenger in a Lyft car.
- Lyft – if the driver was on duty at the moment of the crash, the ridesharing company may be held liable for your injuries.
- A third party – if a third party (another driver, pedestrian, motorcyclist, cyclist) acted recklessly on the road and caused other cars to swerve and crash into each other, they may be found partially liable for the accident.
- Government entities – if the local or state government didn’t put up signs or maintain the road efficiently, they could be held responsible. Keep in mind that filing a claim with the government is complex and requires special knowledge of damage caps, exceptions, and filing procedures.
- Manufacturer – if you can prove that a manufacturer’s mistake caused the vehicle to malfunction and crash, you can sue the company for product liability.
Since Georgia is a modified comparative negligence state, if several parties are liable for the accident, all of them can cover a part of your damages. The total percentage of their faults should add up to 100.
Modified Comparative Negligence in Georgia
According to Georgia’s comparative negligence law, if you are partially responsible for a Lyft accident, you can still obtain compensation. The amount you can recover is proportional to your liability.
For example, the Lyft driver runs a stop sign and hits your car when you are speeding. You sustain injuries and sue Lyft for $100,000. If the judge decides that you are 10% responsible for the accident, you can only recover $100,000 – 10% = $90,000.
If any party is 50% or more responsible for the accident, they can’t recover any damages.
Get the strong arm
Who Pays for a Lyft Accident Claim?
Once you determine who is liable for the accident, you can file a claim. If the Lyft driver is responsible for causing the accident, you can recover damages from:
The Lyft Driver’s Auto Insurance Company
When the Lyft app is off, the Lyft driver is considered off duty. This means that they are operating as regular drivers. So, if the accident occurs, their personal auto insurance policy kicks in.
The Lyft Driver
If the Lyft driver’s app is off but the driver is uninsured or underinsured, you can sue the driver directly. Minimal auto insurance coverage for bodily injuries in Georgia is $25,000 per person and $50,000 per accident. If your damages exceed this amount, you can sue the driver for the rest of the money.
Lyft’s Insurance Company
If the driver’s app is on during the accident, Lyft’s insurance company should pay for the damages. However, the coverage differs depending on which stage the ride is at.
- The driver is waiting for the ride request – in this case, the driver’s personal auto insurance kicks in first. If they are underinsured, you can file a claim with Lyft’s insurance company.
- The driver is picking up passengers or driving them to their destination – the coverage includes $1M for third-party auto liability, uninsured/underinsured motorist bodily injury coverage, and comprehensive and collision coverage with a $2,500 deductible.
When an accident occurs, you don’t usually have a way of finding out whether the driver’s app was on. That’s why your Dunwoody Lyft accident attorney is likely to file a claim with both the driver’s and Lyft’s insurance companies. These companies will figure out who pays without your involvement.
What Damages Can I Recover?
If you get hurt in a Lyft accident, you need to determine liability, file a claim, and prove the at-fault party’s negligence. After doing this, you can seek several types of damages:
- Economic damages – medical expenses, lost wages, disability expenses, loss of earning capacity, and any other accident-related past and future expenses.
- Non-economic damages – emotional distress, loss of consortium, loss of quality of life, and other non-tangible accident-related damages that you face now or in the future.
- Wrongful death damages – if you lose a family member in a Lyft accident, you can recover funeral and burial costs, pre-death medical expenses, loss of inheritance, and other damages.
The amount of damages that you can recover depends on the extent of your injuries and the expertise of your attorney. To build a strong case, you would need to collect sufficient evidence, obtain eyewitnesses’ testimonies, hire expert witnesses, and much more.
How a Lyft Accident Attorney in Dunwoody Can Help
While you can try to recover damages without legal assistance, it may be hard to get fair compensation. A Lyft accident lawyer in Dunwoody can:
- Provide valuable legal advice throughout the case.
- Explain which evidence matters and help you collect it.
- Speak to eyewitnesses and hire expert witnesses.
- Prepare, check, and file all documents on time.
- Negotiate with the insurance company.
- Build and present your case in court.
Since the at-fault party is likely to try avoiding or reducing the payout, having legal counsel can play a significant role in recovering fair damages.
Contact a Dunwoody Lyft Accident Lawyer Today
If you’ve been involved in a Lyft accident, you may be entitled to compensation. An experienced Lyft accident attorney can help you get the money you deserve.
At Jon Foy, we have a strong legal team that focuses on Lyft accident cases. Call us for a free consultation today.