Steven A. Bagen | July 13, 2024 | Car Accidents
Ridesharing services like Lyft have revolutionized how we travel, providing convenient and affordable transportation options at the touch of a button. However, as ridesharing’s popularity grows, so does the number of accidents involving Lyft vehicles.
If you’ve been injured in a carshare accident, call our rideshare accident lawyer at (800) 800-2575 for a no-cost consultation. We’ll fight for your rights and pursue the compensation you deserve.
Understanding Lyft’s Insurance Coverage
Lyft’s insurance coverage determines how much compensation you can realistically recover after an accident. The insurance policies provided by Lyft vary depending on the driver’s status during the accident. Here’s a detailed breakdown of the coverage in different scenarios:
When the Driver Is Not Logged In
When a Lyft driver is not logged into the Lyft app, they are considered off-duty. In this scenario, Lyft’s insurance does not apply. Instead, the driver’s personal auto insurance is responsible for covering any damages or injuries resulting from an accident.
When the Driver Is Logged In and Waiting for a Ride
Lyft provides contingent liability coverage once the driver logs into the Lyft app but has not yet accepted a ride request. If the driver’s personal insurance does not cover the accident, Lyft’s insurance will step in.
The coverage includes:
- $50,000 per person for bodily injury.
- $100,000 per accident for bodily injury.
- $25,000 per accident for property damage.
When the Driver Is En Route to Pick Up a Passenger
If the driver is on their way to pick up a passenger after accepting a ride request, Lyft’s insurance coverage increases significantly.
During this period, Lyft provides a $1 million liability policy, which covers:
- Third-party auto liability.
- First-party coverages such as personal injury protection (PIP), uninsured/underinsured motorist protection, and MedPay, depending on the state.
When the Driver Is Transporting a Passenger
When the driver actively transports a passenger, Lyft’s insurance coverage rises to its highest level.
Additional Coverage Details
Lyft also offers contingent comprehensive and collision coverage. This applies if the driver carries comprehensive and collision coverage on their personal auto insurance policy. In the event of an accident, Lyft’s policy can cover the car’s actual cash value with a deductible, typically around $2,500.
When Can You Sue Lyft Directly?
Lyft classifies its drivers as independent contractors rather than employees. This generally shields Lyft from liability for its drivers’ actions.
However, there are specific circumstances under which you can hold Lyft accountable for negligence. Here are the primary scenarios where you may sue Lyft directly:
Negligent Hiring, Supervision, or Retention
Lyft has a legal duty to ensure its drivers are qualified and safe to operate their vehicles. This involves conducting thorough background checks and monitoring drivers’ performance. If Lyft fails in this duty, the company can be liable.
Examples include:
- Inadequate Background Checks: Failing to properly screen drivers for past driving violations, criminal records, or other red flags.
- Ignoring Driver Complaints: Retaining drivers despite multiple customer complaints or traffic violations.
Failure to Enforce Safety Policies
Lyft is responsible for enforcing safety policies to protect passengers and the public. If the company neglects these duties, it can be held accountable.
Specific situations include:
- Driver Fatigue: If Lyft allows or encourages drivers to work excessively long hours without breaks, leading to driver fatigue and increased accident risk.
- Vehicle Maintenance: Failing to enforce regular vehicle inspections and maintenance, resulting in accidents caused by mechanical failures.
If you believe Lyft’s negligence contributed to your accident, our lawyers at Bagen Law Accident Injury Lawyers, P.A.. are ready to help.
Common Injuries in Lyft Accidents
Lyft accidents can lead to a wide range of injuries. Here are some of the most frequent:
Whiplash
Whiplash is a common injury in car accidents, including Lyft accidents. It occurs when the neck is suddenly jolted back and forth, causing strain to the muscles and ligaments.
Symptoms include:
- Neck pain and stiffness
- Headaches
- Dizziness
- Limited range of motion
Head and Brain Injuries
Head injuries can range from mild concussions to severe traumatic brain injuries (TBIs).
Symptoms and consequences of head and brain injuries include:
- Headaches
- Confusion
- Memory loss
- Cognitive impairment
- Emotional disturbances
TBIs can have long-lasting effects on a person’s cognitive functions, impacting their ability to work and perform daily activities.
Spinal Injuries
Spinal injuries are particularly serious and can lead to permanent disability. These injuries include:
- Herniated discs: When the cushioning between the vertebrae is damaged, causing pain and potential nerve damage.
- Fractures: Broken vertebrae can lead to severe pain and mobility issues.
- Spinal cord damage: This can result in partial or complete paralysis, significantly altering a person’s life.
Psychological Trauma
Psychological trauma can manifest in various ways, including:
- Fear of traveling or driving
- Nightmares and flashbacks
- Emotional instability
- Difficulty concentrating
Extremity Injuries
Extremity injuries affect the arms, legs, hands, and feet. Common injuries include:
- Fractures: Broken bones requiring immobilization, surgery, and extensive rehabilitation.
- Sprains and strains: Injuries to ligaments and muscles that can limit mobility and require physical therapy.
- Lacerations and bruises: Cuts and bruises that can lead to scarring and discomfort.
Internal Injuries
Internal injuries are often the most dangerous because they may not be immediately apparent. These can include:
- Internal bleeding: Damage to internal organs that requires immediate medical attention.
- Organ damage: Injuries to organs such as the liver, spleen, or kidneys, which can be life-threatening.
Steps to Take After a Lyft Accident
If you are in a Lyft accident, taking the right steps immediately can protect your health and strengthen your potential legal case. Here’s what you should do:
Report the Accident to Lyft and the Police
Reporting the accident to both Lyft and the police is crucial. Here’s how to report the accident to Lyft:
- Open the Lyft App: Log into your account.
- Navigate to Ride History: Find the ride during which the accident occurred.
- Use the Help Option: Select the option to report an accident and provide detailed information about the incident.
Consult a Personal Injury Attorney
A personal injury attorney experienced in rideshare accidents can provide valuable guidance. They can explain your rights, evaluate your case, and navigate the complex legal landscape. An attorney can also handle communications with insurance companies and negotiate on your behalf.
Notify Your Insurance Company
Inform your auto insurance company about the accident. Even though Lyft provides insurance coverage, your personal insurance might also come into play, especially if the Lyft driver’s coverage won’t pay for all of your costs.
Preserve Evidence
Keep all documents related to the accident, including:
- Driver Information: Lyft driver’s name, contact information, and insurance details.
- Witness Information: Contact information from any witnesses.
- Photographs: Photos of the accident scene, vehicle damages, and any visible injuries.
- Police Report: A copy or the report number from the attending officers.
Maintain a detailed record of your injuries, treatments, and recovery process.
Be Cautious With Settlement Offers
If you receive a settlement offer from Lyft or their insurance company, consult your attorney before accepting or signing anything. Settlement offers may not fully cover your damages, and your attorney can help ensure you receive fair compensation.
Filing a Lawsuit Against Lyft
If Lyft’s insurance coverage or settlement offers are insufficient to cover your damages, you may need to file a lawsuit. This process involves several steps and requires a detailed understanding of legal procedures.
Gathering Evidence and Documentation
Building a strong case begins with collecting and organizing evidence that supports your claim.
Essential documentation includes:
- Medical Records: Detailed records of all medical treatments and expenses.
- Accident Reports: Police reports and any reports filed with Lyft.
- Witness Statements: Contact information and statements from any witnesses.
- Photographs and Videos: Visual evidence of the accident scene, vehicle damages, and injuries.
- Communication Records: Correspondence with Lyft, their insurance company, and any other involved parties.
Initiating an Insurance Claim
Before filing a lawsuit, you should first file an insurance claim with Lyft’s insurance provider. This process involves:
- Filing the Claim: Submit all required documents and evidence to Lyft’s insurer.
- Communication: Your attorney will handle all communications with the insurer to negotiate a fair settlement.
- Negotiation: If the insurer offers a settlement, your attorney will review it to ensure it covers all your damages.
Negotiating with Lyft’s Insurer
Insurance companies often attempt to minimize payouts. Your attorney will negotiate on your behalf to secure the maximum possible compensation.
This process can involve:
- Counteroffers: Responding to initial low offers with counteroffers that reflect the true value of your damages.
- Mediation: Engaging in mediation sessions to settle without going to court.
- Documentation: Providing additional evidence or expert testimony to support your claim.
Filing the Lawsuit if Negotiations Fail
If negotiations with Lyft’s insurer do not result in a satisfactory settlement, your attorney may recommend filing a lawsuit.
This involves:
- Filing the Complaint: Your attorney will draft and file a legal complaint against Lyft, outlining your claims and the damages you seek.
- Serving the Defendant: Lyft will be formally notified of the lawsuit through a service of process.
- Discovery Phase: Both parties exchange evidence and information. This phase may include depositions, interrogatories, and requests for documents.
- Pre-Trial Motions: Either party can file motions to resolve certain issues before trial, such as motions to dismiss the case or for summary judgment.
- Trial: If the case does not settle during the pre-trial phase, it will go to trial. Your attorney will present your case, and a judge or jury will determine the outcome.
Potential Damages and Compensation
If you are injured in a Lyft accident, understanding the types of damages you can claim is vital for seeking adequate compensation. Damages in personal injury cases generally consist of economic and non-economic categories. Here’s a detailed look at the potential compensation you might recover:
Economic Damages
Economic damages refer to the financial losses incurred due to the accident. These are typically easier to quantify and can include:
- Medical Expenses: Coverage for all past, present, and future medical costs related to the accident. This includes emergency room visits, hospital stays, surgeries, medication, physical and psychological therapy, and any necessary medical equipment.
- Lost Wages: Compensation for the income lost due to time off work because of the injury. This includes not only the time already missed but also future lost wages if the injury affects your ability to work.
- Reduced Earning Capacity: If the injury leads to long-term or permanent disability that impacts your ability to earn a living, you can claim compensation for the difference between your earnings before and after the accident.
- Property Damage: Costs associated with repairing or replacing your vehicle and any personal property damaged in the accident.
Non-Economic Damages
Non-economic damages compensate for intangible losses that are harder to quantify but are equally significant. These can include:
- Pain and Suffering: Compensation for the physical pain and emotional distress suffered as a result of the accident.
- Emotional Distress: Damages for psychological impact, including anxiety, depression, and PTSD caused by the accident.
- Loss of Enjoyment of Life: If the injury affects your ability to enjoy activities and hobbies you once did, you can claim compensation for this loss.
- Scarring and Disfigurement: Compensation for any permanent scarring or disfigurement resulting from the accident.
- Loss of Consortium: If the injury negatively affects your relationship with your spouse, you can claim damages for loss of companionship and support.
Punitive Damages
You might receive punitive damages in cases involving Lyft’s particularly egregious or reckless conduct. These punish the defendant and deter similar behavior. Punitive damages are awarded in addition to economic and non-economic damages and are less common, requiring clear evidence of gross negligence or intentional misconduct.
Why Bagen Law Accident Injury Lawyers, P.A..
Bagen Law Accident Injury Lawyers, P.A.. offers extensive expertise in handling rideshare accident cases, ensuring clients receive informed and strategic legal advice.
Bagen Law Accident Injury Lawyers, P.A.. prides itself on personalized client care and operates on a contingency fee basis, meaning you pay no legal fees unless they win your case.
With a proven track record of securing substantial settlements and verdicts, Bagen Law Accident Injury Lawyers, P.A.. is dedicated to fighting for your rights and helping you secure the compensation you deserve.
If you or a loved one has been injured in a Lyft accident, contact Bagen Law Accident Injury Lawyers, P.A.. for a free consultation at (800) 800-2575. Their experienced team will handle the legal complexities, allowing you to focus on your recovery.