People of all ages in Roswell are familiar with rideshare services like Uber and Lyft. It’s easy to schedule a quick ride, and many people have utilized ridesharing as another source of income by becoming a driver. Since ridesharing drivers are not infallible, accidents can happen during a Lyft or Uber journey—and if you were hurt in this way, you might need a Roswell personal injury lawyer.
Laws surrounding these types of accidents are fairly new, and the legal side of things can get complicated quickly. That’s why, at John Foy & Associates, we carefully stay up-to-date on the most recent laws and how to best fight for rideshare accident victims. We are dedicated to getting each client the fullest compensation possible.
To learn more and schedule a free consultation with one of our compassionate and experienced attorneys, call us today or contact us online. We bring over 20 years of experience to the table, and we are not afraid to fight for your rights.
How Fault Works in a Uber or Lyft Rideshare Accident in Roswell
In Georgia, any auto accident case is based on the concept of negligence. Under Georgia Code §51-1-2, negligence is defined as the absence of ordinary diligence, which means the degree of care ordinarily careful people would exercise under the same or similar situation.
The negligent party in a Uber or Lyft rideshare accident is also responsible for the damages. So, whoever caused the accident that led to your injuries and other damages is liable for those costs. The hard part is actually proving that fault and, in some cases, showing that you were not at fault for the accident.
If you were a passenger in an Uber, Lyft, or some other vehicle during the accident, you are clearly not at fault, but you will still need to show how the at-fault party caused the crash. This is where a Roswell rideshare accident lawyer can help compile the evidence and demonstrate who caused what in the accident.
Filing an Insurance Claim After an Uber or Lyft Accident
Both Lyft and Uber provide insurance for when their drivers are involved in accidents. If the driver causes an accident while they were “on the clock” and actively transporting a customer, the company’s insurance policy will typically apply to the accident.
As the victim of this accident, you will need to file a personal injury claim with the insurance company to seek compensation for your damages. The insurance company aims to protect their assets in any way possible, which means they will likely look for ways to reduce what they have to pay you. Thankfully, getting an experienced rideshare accident lawyer in Roswell on your side helps level the playing field when filing your claim. Your lawyer can make sure you are:
- Investigating the accident as fully as possible
- Preserving all the evidence you can from the crash
- Not saying or doing anything that could hurt your case or be used against you
- Providing the strongest evidence possible of the at-fault driver’s negligence and the damages they have caused
Most Uber and Lyft rideshare accident lawyers (like John Foy & Associates) also work on contingency. That means they do not charge you a fee unless they win you a settlement or an award. You can begin working with them immediately and not stress about upfront costs.
Lyft and Uber Driver Requirements in Georgia
According to Lyft’s Georgia Driver Information, someone must possess the following to be a rideshare driver:
- A valid driver’s license
- A smartphone that can download and run the Lyft Driver app
- Vehicle registration
- Personal vehicle insurance
- A vehicle that is 2008 or newer, four-door, has 5-8 seats (including the driver seat), and that is not salvaged, rebuilt, non-repairable, or a taxi or stretch limousine
The driver must also pass a driver screening that includes a criminal background check and driving history check. In Roswell, you must also be at least 25 years old. The requirements to drive for Uber are very similar.
Lyft drivers do not have to get a commercial driver’s license like other drivers who transport people. Besides passing background checks and having the proper vehicle and documentation, there is no special or extra training required. That being said, the rideshare driver still has a huge duty to keep their passengers safe.
If you were hurt in an Uber or Lyft accident, you should not have to pay for the at-fault driver’s negligence. You may be entitled to full compensation for your medical costs, lost wages, and more. A Roswell rideshare accident attorney can help you seek it.
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Rideshare Accidents vs Other Car Accidents
Rideshare accidents differ from typical car accidents because several insurance policies may apply to the damage done. Your own insurance company, the rideshare company’s insurance company, and the other driver’s insurance company may all be at play. The insurance policy that applies will depend on the conditions of the accident.
For example, if the rideshare driver caused the accident while they were not currently taking passengers, the driver’s own insurance policy typically applies. However, if the driver was actively accepting passengers or had a passenger in their car, the rideshare company’s insurance or a combination of the company’s and driver’s insurance will usually apply. It can be incredibly hard to know where to turn for compensation without legal representation.
That’s why working with an experienced rideshare accident attorney in Roswell is so beneficial. They can help you seek recovery in the right places and ensure you aren’t taken advantage of throughout the process. With a Roswell rideshare accident attorney, the injured parties increase their chances of securing the compensation they rightfully deserve.
How an Attorney Can Help Your Case
When complications occur, securing the money an injured person needs can be challenging. An experienced Roswell rideshare accident attorney can help. We work hard to secure what rightfully belongs to our clients while guiding them through the legal process. Our legal team explains, consults, and goes over everything clients need to know. We emphasize discussing how our rideshare attorneys help following an accident in Georgia. Please continue reading below for answers to some of our clients’ most frequent questions.
How does Rideshare Insurance Help?
Rideshare drivers are either employees or independent contractors. Whether or not Uber or Lyft is responsible for injuries in an accident is determined by the driver’s status. This causes a great debate on the amount of liability the ridesharing company holds for the driver’s actions.
It is customary for all rideshare drivers to have insurance. Should a driver cause an accident, the company’s insurer will pay out no more than $1 Million per accident for the victim’s injuries, losses, and damages. The rideshare company will likely do everything to avoid paying liability insurance. This is why you need a Roswell rideshare accident attorney by your side.
Who Can Be Held Liable After a Rideshare Accident?
Rideshare companies require drivers to have personal auto insurance. If the rideshare driver causes the accident, the insurer pays $1 million. The passengers can be compensated by a personal auto policy if the accident involves underinsured or uninsured drivers.
The process is more complex because some rideshare policies only pay the victim if the rideshare driver matches with a rider and is driving to pick up or when the rider is in the car.
What Can Someone Do If They Are in a Rideshare Accident?
The best course of action for the injured party is to receive immediate medical care. Every situation is different; however, if you are in an accident as a driver or passenger for a rideshare company, following these steps is essential:
- Obtain photos and videos of the crash scene
- Acquire contact information of everyone involved, including any witnesses
- Save the rideshare receipt on a phone
- Call your insurer
- Talk to a Roswell rideshare accident attorney
What Occurs Following an Accident for the Rideshare Driver?
Passengers in an Uber or Lyft accident have the right to receive compensation for injuries even if the cost of your expenses is not covered by the insurance company.
It is common for insurance companies to offer lowball settlements, underpay claims, and deny them altogether. This happens regularly because the injured party is usually unaware of how much compensation they have the right to receive. To get the appropriate payment amount, speaking with a Roswell rideshare accident attorney is in your best interest.
Remember that a rideshare company’s insurance only pays for medical expenses. Should the victim want to file a claim against the driver for damages or injuries, they will need to file a claim for personal injury against the driver.
How Can the Victim Expect Compensation After an Accident?
If a passenger or driver is in an accident, the rideshare company’s insurance is responsible for all liability and collision. They will not cover rental cars, lost wages, and medical expenses. Drivers need to remember they have certain rights too.
- Damages to their car – drivers will want to repair their vehicle as quickly as possible to get back on the road.
- Lost wages – rideshare drivers cannot make money until the completion of their car’s repairs. Lost wages are significant.
- Medial – regardless of speed, someone can sustain injuries easily.
- Rental car – drivers can’t drive for a ridesharing company with a regular rental car.
If the other party is responsible, the driver may have the right to a settlement covering all the above. Ultimately, it is up to the driver to work with the insurance company and others that share involvement. In this type of situation, we highly recommend hiring one of our lawyers who specialize in rideshare accidents since we can negotiate a much higher settlement.
When rideshare companies refuse to pay for damages, you will require the help of a Roswell rideshare accident attorney. A lawyer can help navigate the legal process and secure the compensation the victim deserves. That way, the victim increases their bargaining power.
Is it More Difficult to Win a Lawsuit Against a Rideshare Company in Comparison to an Individual?
It is not necessarily harder to win a case; it can be more difficult due to a few additional steps to take compared to a lawsuit that does not involve a rideshare company. Roswell’s experienced attorneys will have no problems helping victims through the process of obtaining compensation.
Roswell rideshare accident attorneys are part of a dedicated team who handles all accidents and injury claims. Our attorneys work hard every day to demand total compensation for injured parties. With a Roswell rideshare accident attorney, our clients are in good hands.
We treat every victim with compassion and empathy during this troubling time for them. Leave the legwork to us. We want victims to focus on healing instead of worrying about the legal side of the accident, so be sure to contact us as soon as possible.
The longer a victim waits to file a rideshare accident claim, the less likely they will receive the maximum amount of compensation. Don’t hesitate to contact a Roswell rideshare accident attorney today. Our attorneys are your best bet at recovering compensation for damages and injuries.
Get a Free, No-Risk Consultation with a Roswell Uber and Lyft Rideshare Accident Lawyer Today
Although there is typically a lot of insurance coverage available when a rideshare driver is at fault for an accident, the insurance company will fight all the harder to protect their money. To have the best chance at full compensation for your damages, contact John Foy & Associates.
Our Uber and Lyft rideshare accident lawyers have helped victims all throughout Georgia with their cases – and we know what is required to get the desired results. Give us a call today, and we’ll set you up with a free, no-obligation consultation to learn more about your options.
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