Ridesharing services like Uber and Lyft can be seen everywhere in cities like Johns Creek these days. In a few clicks on an app, you can call for a driver from just about anywhere. While this is a convenient new way to travel, auto accidents can happen. If you or someone you love were injured in this way, a Johns Creek Uber and Lyft rideshare accident lawyer can help.
You may be eligible for financial recovery after your accident. At John Foy & Associates, we can look at the details of your accident and let you know your options—all during a 100% FREE consultation. We also will not charge you unless we win you money in your case.
To get your FREE consultation, call us at (404) 400-4000 or contact us online today.
Why Uber and Lyft Accidents Happen in Johns Creek
Uber and Lyft accidents can occur for many of the same reasons other car accidents happen, such as:
- Distracted driving
- Traffic violations
- Aggressive driving
- Drunk driving
Rideshare drivers may be more prone to distracted driving since they are having to check their app when accepting and managing rides. The driver might be more tempted to check other apps on their phone, adjust the music in the vehicle, or get distracted during conversations with old or new passengers.
Sometimes, another driver (besides the Lyft or Uber driver) might be at fault for the accident. Some accidents will have multiples parties who are partially to blame for what occurred.
You might have been injured in the accident as a passenger or another driver. No matter how the accident happened, if you were not at fault, you are likely entitled to compensation.
How Fault Works in a Johns Creek Uber or Lyft Accident
In Johns Creek, the at-fault party in any injury accident is liable for the damages of that accident. That might be one single driver or several parties. Fault is sometimes obvious, while other times it might be difficult to prove.
When the Lyft or Uber Driver is at Fault
The most common at-fault parties in a rideshare accident include the Lyft or Uber driver or another driver on the road. If the rideshare driver caused the accident, you may need to file a claim against the driver, the company they work for, or a combination of both.
When Another Driver is at Fault
Sometimes, the rideshare driver was simply a victim of another driver’s actions. If the other driver was at-fault, you would pursue compensation from that driver’s insurance company.
Passengers are rarely ever at fault in car accidents, although there may be rare exceptions. If you were injured as a passenger in any vehicle during the accident, you would typically be able to file a claim against the at-fault driver(s).
When the Company is at Fault
The rideshare company that hired the driver can also be at fault if they were negligent in the hiring or monitoring of one of their drivers.
Under Georgia Code § 40-1-193, any rideshare service operating in Georgia must:
- Ensure that each of their contracted drivers has (and maintains) all required licenses or permits;
- Make sure each driver has a current private background check or for-hire license endorsement;
- Never tolerate the use of alcohol or drugs while performing ridesharing duties; and
- Provide state insurance coverage for personal injury liability, property damage liability, and personal injury protection liability benefits for drivers, pedestrians, passengers, and others.
If Lyft, Uber, or another ridesharing company fails to fulfill the requirements listed above and it contributes to an accident, they may be held liable for the damages.
A Johns Creek Uber and Lyft rideshare accident lawyer can determine where the fault lies and how it applies to your legal rights. To discuss the details during a FREE consultation, call John Foy & Associates at (404) 400-4000 or reach out online today. We have been helping accident victims for over 20 years, and we know what it takes to win.
Where to File Your Rideshare Accident Claim
If the rideshare driver was responsible for your accident, you may need to file your insurance claim with the ridesharing company’s insurer, the driver’s personal auto insurer, or both. For example, Uber insurance coverage depends on how and when an accident happened.
An “Off the Clock” Accident
If the Uber driver is using their car for personal reasons and not currently using the app to pick up passengers, their own insurance would apply to an accident.
The driver’s insurance coverage should meet at least the minimum in Georgia, which is:
- Bodily Injury Liability coverage for $25,000 per person and $50,000 per accident
- Property Damage Liability coverage for $25,000 per accident
App Turned On But No Ride Accepted
If the Uber driver has their status set to available but they have not yet accepted a ride request, Uber provides a low level of liability insurance. The driver’s insurance company would be responsible for the rest.
Ride Has Been Accepted
Once the driver accepts a ride through the app, Uber provides a higher level of insurance coverage for the full time the passenger is in the vehicle.
Uber used to only provide insurance coverage when a passenger was physically in the vehicle, but they changed this after several accidents led to lawsuits.
Ridesharing companies like Lyft are required to carry a $1 million liability policy in some states, but these policies are meant to handle liability claims that the driver’s insurer won’t cover. They don’t cover the rideshare driver’s vehicle, so the driver’s own insurance would be responsible for that.
The Insurance Company Is Not On Your Side
No matter where you file your claim after a rideshare accident in Johns Creek, you should keep in mind that the insurance company is not your friend.
Insurance adjusters (the people who investigate claims and determine how much the insurance company should pay for damages) are skilled at looking for ways to reduce the company’s costs. They know that most accident victims are not fully aware of their rights or how to handle a claim.
Thankfully, having an experienced lawyer on your side levels the playing field and protects your legal rights. Your lawyer can handle the insurance company for you, so you can focus mostly on healing and recovering.
Talk to a Johns Creek Uber and Lyft Rideshare Accident Lawyer for Free Today
Don’t get stuck paying for the costs of an accident that was not your fault. Contact John Foy & Associates today to discuss your options during a FREE consultation. We have more than 20 years of experience working on personal injury cases, and we do not charge a fee unless we win your case for you.
To schedule your FREE, no-risk consultation today, call (404) 400-4000, or contact us online.