As the number of people in Houston using ridesharing apps like Lyft or Uber increases so does the likelihood of more accidents occurring. This leaves ridesharing passengers, pedestrians, and other drivers wondering if they can sue Lyft or Uber for injuries or wrongful death from an accident.
You are entitled to compensation if you or one of your passengers was injured in an accident with a Lyft or Uber Driver. The complication emerges when deciding whether the driver’s insurance or the rideshare company’s insurance is liable for the accident. A competent Houston car accident lawyer can help you determine what the best course of action is. It is highly important to get an attorney who is experienced in rideshare accidents so that you can get the compensation you deserve.
Sometimes the rideshare driver’s insurance company would be the one fully responsible for the accident or both the driver and the rideshare company’s insurance would be responsible.
If The Driver Does Not Have The App Turned On
If the driver does not have the app on and if they are not on their way to pick up a passenger then the driver is not covered by Lyft or Uber Driver-Partner insurance. They are only covered by their own insurance company. So you would sue your Lyft or Uber driver or their insurance company to recover damages. Read more about Uber accident coverage here.
When The App Is On And The Driver Is Waiting For A Request
If the rideshare driver is at fault for the accident then the rideshare driver is covered by his own insurance company and Lyft or Uber’s contingent liability insurance. The insurance coverage includes reimbursement for medical bills, property damage, your vehicle, a building, etc.
If the Lyft or Uber driver’s insurance company doesn’t cover the damages then the rideshare company’s insurance will be able to cover the damages. The coverage includes:
- $50,000 per person/ $100,000 per accident for bodily injury
- $25,000 per accident for property damage
When The Driver Is On The Way To Pick Up A Passenger Or During An Active Trip
If the rideshare driver was at fault for the accident while picking up a passenger or on an active trip, then the rideshare company can provide the following coverage:
- $1,000,000 in liability coverage per accident. This coverage covers medical bills and damages done to the property.
- $1,000.000 in uninsured/ underinsured coverage. If another driver causes the accident and they are uninsured or underinsured then this coverage will cover the Lyft or Uber driver and any other passengers involved in the accident. It also covers hit and runs.
Rideshare Drivers Are Not Employees
Lyft and Uber have their drivers sign a legal contract stating that they are not employees, they are merely independent contractors. Both companies will also do everything they can to avoid paying for any damages in the event of an accident. These contractors are required to sign an agreement stating that they will be held responsible if a passenger, pedestrian, or other driver sues. Also, both Lyft and Uber have user agreements that state they will not be held liable for any damages or losses if a passenger tries to hold them accountable. And many auto insurance companies will try and deny your claim because the driver was not covered by their own auto insurance company since they were working.
Suing The Rideshare Company For More Than $1,000,000
A million dollars may sound like a lot, but in the event of a catastrophic injury or wrongful death can mean huge amounts of medical bills to pay, pain, suffering, and loss of the main provider of the family. A good attorney at your side can file a lawsuit against the rideshare company if they can prove the driver is an employee rather than an independent contractor.
For example, if your attorney can claim that the rideshare company failed to screen their drivers then you may be able to sue the rideshare company if your lawyer can prove the rideshare driver has a history of DUIs, DWIs or reckless driving.
Speak To Experienced Houston Lyft And Uber Accident Lawyers
Contact our experienced Lyft and Uber lawyers today. We offer a free consultation and our lawyers specify in these kinds of cases so you are always in good hands. We will discuss your accident, injuries, and any offers the insurance company or rideshare company has made. We can meet you anywhere that is convenient for you, in your office, home, or your hospital room. Call the lawyers at Adley Law Firm at (713) 999-8669 or schedule a free consultation and we will be with you as soon as possible.