When an Uber or Lyft gets into an accident, the legalities are complicated. If a driver caused your accident in Macon, you must know your rights. Thankfully, our Macon personal injury attorneys can help.
Our lawyers at John Foy & Associates bring the power of the “Strong Arm” to each case. We’re not afraid to fight for your rights, including fair compensation. Discuss your case during a free consultation.
Can You Sue Uber or Lyft for an Accident?
When one driver hits another, the responsible driver is liable for the costs. The injured driver can file a claim or lawsuit against the at-fault driver. But it’s different with rideshare accidents.
Ridesharing companies make it very hard to sue them. But can sue Uber or Lyft if they were directly responsible for your accident. For example, maybe they hired a driver who wasn’t fit to drive.
In most cases, you’ll need to sue the rideshare driver directly or file an insurance claim to recover compensation. A free consultation with one of our car accident lawyers in Macon can reveal which insurers you can use to get compensation.
Ridesharing Companies Are Not Liable for Their Drivers
Uber and Lyft drivers are independent contractors. That means they are not employees. Thus, they don’t have the same legal protections as employed drivers. By hiring contractors, Uber and Lyft can avoid liability for accidents. Instead, the drivers themselves are liable for the damage they cause.
That being said, rideshare drivers do have insurance coverage through the companies – in some situations.
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When Insurance Covers a Rideshare Accident
Uber and Lyft drivers use their personal vehicles. When a driver is not logged into the app to accept rides, they’re “off the clock.” An off-the-clock driver is not covered by rideshare company insurance.
If a driver causes an accident off the clock, the driver’s own insurance applies. But here’s when Uber and Lyft insurance does cover accidents.
The Driver’s Availability to Take Requests
Uber provides third-party liability insurance when a driver is available to get a request. However, the driver’s insurance will apply first.
Many insurance companies won’t cover ridesharing-related accidents. If the driver’s insurance won’t cover the accident, Uber has this coverage:
- Bodily injury liability: $50,000 per person and $100,000 per accident
- Property damage liability: $25,000 per accident
If you were injured in the accident, you might be able to file a claim with this insurance coverage. Lyft has a similar insurance policy for its drivers. Other rideshare companies may have their own policies with different amounts and coverage.
Picking Up Or Transporting Passengers
When a driver is picking up or carrying passengers, they’re fully covered. Uber and Lyft both provide $1 million in third-party liability insurance.
It’s easy to see dollar signs with that policy limit. However, don’t assume it will be easy without help. When an insurer has a lot of money on the line, they’ll try to fight to pay as little as they can. With a rideshare lawyer on your side, you can fight back.
A Lawyer Can Help You Fight Insurance Company Tactics
Insurance companies will look for ways to protect their money. A million-dollar policy looks impressive, but it doesn’t mean the insurer will offer what’s fair.
Insurance companies will use tactics to reduce their liability. They might blame you for the accident or try to downplay your damages. Contact a rideshare accident lawyer in Macon who can help you fight for what you deserve from the insurer.
Filing a Claim Against the Rideshare Driver
If a rideshare driver caused your accident, you might have a case against the driver. If the company’s insurance won’t cover the accident, you can file a claim with the driver’s insurance. You also have the option to sue the driver for your damages.
A driver’s insurance coverage will be less, but you might have a greater chance of getting fair compensation compared to fighting with Uber or Lyft.
When Another Driver Is at Fault
Some Uber and Lyft accidents happen because of third-party drivers. For example, maybe another driver hit the Uber in which you were a passenger. In that case, you would have a claim against the other driver.
As you can probably see, accident details matter. Before seeking compensation, you’ll need to know who is at fault for the accident. From there, you can determine where to take legal action. If you don’t know who caused the accident, our Macon rideshare accident lawyers can work with accident reconstruction experts to figure it out.
Comparative Fault Laws in Georgia
Georgia has modified comparative negligence laws under the Official Code of Georgia Annotated (OCGA) §51-12-33. Here’s what these laws mean:
- You can recover compensation from an accident if you were less than 50% at fault.
- If you were partially at fault (but less than 50%), your damages are reduced by that percentage.
- More than one party might be partly at fault for an accident.
Multiple drivers could be partially at fault for a rideshare accident. For example, maybe your rideshare driver and another driver are at fault. You might have a claim against both drivers.
Our lawyers will determine who is at fault as we investigate your case. We’ll make sure you understand all compensation options. Our goal is to win the fullest financial recovery possible.
How to Prove the Accident Was the Rideshare Driver’s Fault
After your accident, you have rights. For example, let’s say a Lyft driver was entirely at fault for your accident. Here’s what you’ll need to prove:
- The driver owed you a duty of care to drive safely.
- The driver breached their duty of care.
- The breached duty led to the accident.
- You suffered injuries and damages because of the accident.
Your Macon rideshare accident attorney will help you prove each of the above points. However, there are steps you can take right after the accident, too.
For instance, the driver’s or ridesharing company’s insurance company might try to contact you. Instead of answering, it’s best to consult a lawyer first. Be very careful when talking about the accident. Insurance companies are skilled at using something you’ve said against you.
Also, contact an experienced lawyer as soon as possible. Even if you simply schedule a consultation, you’ll better understand your rights.
What Compensation Could I Receive?
The damages you can suffer from your accident are no different from other car accidents. If you’re a passenger, you likely won’t have a lot of property damage, but you can still get compensation for things like:
- Medical bills
- Pain and suffering
- Lost wages
- Loss of future income
Any consequence of your accident could be the basis for a compensation claim. One task of your Macon rideshare accident lawyer is to add up all the ways you’ve been harmed by your accident. Then, they can go to the insurer with the true cost of your accident.
Do I Need to Pay Anything Out of Pocket?
Our personal injury lawyers work on a contingency basis. This means that you only pay us if we’re successful. If you lose your case and get nothing, you owe us nothing. Your consultation is free and our work for you is free until you win.
After you win, we will take a percentage of your final settlement or judgment. When you agree to work with us, we will discuss the percentage and how it might change. Most commonly, if your case must go to trial, your costs will go up. However, your amount of compensation could be far higher.
Get a Free Consultation With Our Macon Rideshare Accident Lawyers Today
Don’t wait to get the legal advice you need after your accident. At John Foy & Associates, we know how to handle ridesharing accident cases. Speak with our Macon rideshare accident lawyers. We have been helping accident victims for over 20 years. Call us at the number on your screen or contact us online to get a free, no-risk consultation.