Uber or Lyft Car Accident
Ride sharing apps like Uber and Lyft have continued to grow in popularity with millions of users worldwide. South Florida is no exception. With millions of visitors coming to the area each year, ridesharing has become the best way for both tourists and locals to get around.
These drivers, however, are no safer than any other driver, which means the risk of being involved in an Uber or Lyft accident is just as high as it could be if you were driving. Filing a claim or lawsuit after an Uber or Lyft accident can be more difficult than a typical car accident, and you should seek help from a competent personal injury attorney who understands the different insurance policies involved, and other complexities involving a rideshare accident. The Law Offices of Andrea McMillan will handle this for you.
What Are Uber And Lyft?
Since starting in 2009, Uber has skyrocketed as a more private and preferred method of transportation. Instead of hailing a taxi by hand or by phone call, a ride-seeker, using the Uber cellphone application, inputs his/her pickup location and drop off destination. The mobile app then pairs the rider with the closest available driver. After a rider confirms his/her request, the app shows the ride-seeker the driver’s photo, as well as the make and model of the driver’s vehicle. The rider pays for the ride and tips via the app.
Lyft saw Uber’s success and entered the market in 2012, mirroring Uber’s business model. The platforms gained the name “ridesharing programs,” as a method of transportation that allows a driver to share his/her personal vehicle to transport a rider. As ridesharing companies, both Uber and Lyft are expected to provide a safe environment for the drivers who work for them, as well as the passengers who pay for their service.
Since their early days, Uber and Lyft have grown exponentially. Both companies are big in South Florida, including West Palm Beach, all of Palm Beach County, and all of South Florida.
Are Uber Or Lyft Vehicles Registered As Commercial Vehicles?
No, they are not. Rideshare companies often argue that rideshare vehicles do not operate like traditional taxis. They claim that their businesses merely serve as the technological “middle man” between someone seeking a ride, and someone willing to provide one. Because of that, rideshare drivers do not have to register or insure their vehicles as commercial vehicles.
Can I Lose My Uber Access If I Make a Claim?
We understand the concern some people have that if they bring a claim against Uber/Lyft then the company will penalize them by discontinuing them as drivers or riders. We fully understand that many people rely upon Uber/Lyft as a source of income or transportation. However, it is unlikely you will be penalized for bringing a valid claim. Here’s why: Both Uber and Lyft pay a portion of each fare directly to their insurance companies for this exact purpose. In Florida, Uber is insured with Progressive for their insurance, while Lyft is insured by York/AIG. These insurance companies are large enough so that no single claim will impact the company’s bottom line in any meaningful way. Your claim is one of many claims being handled by the insurance company.
Uber/Lyft’s Responsibility for Screening Drivers, Under Florida Law
Florida law states that rideshare companies “may not authorize an individual to act as a driver” if he/she:
- Has been convicted of driving under the influence (DUI), reckless driving, hit-and-run, and various other offenses within the past five years;
- Has been convicted of driving with a suspended or revoked license within the past three years;
- Is listed on the federal sex offender registry;
- Does not possess a valid driver’s license;
- Does not possess proof of registration of the vehicle used for ridesharing.
If a working driver is suspected of drunk driving, the rideshare company must suspend the driver until the drunk driving allegations are resolved, regardless of whether or not the suspected drunk driving occurred while the driver was driving for the rideshare company. A rideshare driver who is convicted of drunk driving may not continue to work for the rideshare company.
If the rideshare company fails to follow these mandatory safeguards and you’re hurt as a result, you may have a claim against the rideshare company for negligent hiring and/or retention. The Law Offices of Andrea McMillan will investigate, to see if this type of liability may apply to your case. Call us at (561) 612-5700.
Sexual Assault/Misconduct Involving Uber/Lyft
Both drivers and passengers using ride-sharing services like Uber and Lyft, are at risk of being sexually assaulted, and Uber has seen an uptick in lawsuits over sexual assaults in recent years.
In December 2019, Uber revealed in a comprehensive US Safety Report that in 2018, more than 3,000 sexual assaults occurred during rides on its service within the United States. The report also revealed that in 2018, Uber received 235 reports of rape, the most serious category of sexual assault, as compared with 229 reports of rape that the company received in 2017. Uber drivers allegedly committed ninety-two (92) percent of the reported rapes. Riders were accused of rape in 45% of the cases.
If you were sexually assaulted or otherwise sexually victimized as a rideshare passenger, please know that we stand ready to assist you. We will treat you with the compassion and respect you deserve. Call the Law Offices of Andrea McMillan today at (561) 612-5700.
What To Do If You Are Involved In An Uber Or Lyft Accident
Being involved in any type of auto accident—-including one involving Uber or Lyft—-can be a frightening experience. Immediately after you are involved in a Uber or Lyft car accident, you should take certain steps in order to protect your health, as well as any potential legal claims you may have for injuries sustained. You should:
- Call the Police from The Accident Scene. Any accident that caused physical injury or property damage should be reported to the police. A formal police report will serve to document what occurred, what was said, who was at fault, injuries complained of or clearly visible, etc. The report will provide important information, such as the names of drivers and witnesses, driver license information, insurance information, description of the roadway, citations issued, etc. While the details may be fresh in mind shortly after an accident, those details tend to fade from memory over time. Insurance companies evaluating damage and injury claims always request a police report, which they use in evaluating who is at fault and whether to pay. For all of these reasons, it is important to call the police right after the accident occurred.
- Take Notes. Again, it is common to forget critical details after a traumatic experience, such as a car accident. You should take your own notes about the accident, such as the intersection, time of day, road conditions, what the driver said, etc.
- Take Photos. Start gathering useful evidence. Taking photographs of the damaged vehicles, any injuries, as well as any roadway evidence- such as skid marks- will be helpful in proving a case.
- Seek Immediate Medical Attention. Taking care of your health is paramount. If you are visibly hurt, experiencing any discomfort, pain, or strange sensations, or believe you are injured in any way, call 911 or visit an urgent care center or a hospital emergency room immediately after the accident. You could be injured and not realize it. Sometimes injuries take some time to become apparent. Other times, what appears to be a minor injury later reveals itself as a more serious injury. That frequently happens after a car accident. For example, mild to moderate back pain may actually be caused by permanently herniated discs resulting from the accident. If you do not seek medical care immediately, you may hurt your health. But that’s not the only consequence. If it turns out that the accident caused you injuries and you make a claim with an insurance company for those injuries, that insurer will likely contend that you injured yourself some other way besides the accident. The company will argue that if you were having pain and discomfort caused by the accident, you would have sought out medical care shortly thereafter. Because you did not seek medical care shortly after the accident, there will be no documented proof (e. medical records) that you, in fact, complained of injury in the immediate aftermath of the accident. That argument will likely make your case more difficult to resolve. You should also be aware that if you don’t seek medical care within fourteen (14) days of the accident, you will be denied Personal Injury Protection benefits, under Florida law. For all of these reasons, you should seek medical attention shortly after being in an accident.
- Do Not Speak With An Insurance Company Adjuster or Sign Any Document. You should promptly report the accident to the insurance companies involved, but only give the basic facts. Sometime after that, you will receive a telephone call from one or more insurance adjusters or a Uber/Lyft representative requesting that you give a statement about the accident. Do not do it until you have consulted with a personal injury attorney. Call the Law Offices of Andrea D. McMillan. You may not be legally obligated to give the statement, depending upon which insurance company is seeking it. We will advise you if you are obligated to give it. If you are obligated to give a statement, then let us explain to you, what the insurance company hopes to accomplish in taking the statement from you. Insurance companies–even your own– have an interest in paying out nothing or as little as possible to injured people. Don’t damage your case by giving the insurance company a statement harmful to you, or by signing an insurance document that harms you. It is best to have an experienced personal injury lawyer like Andrea McMillan explain to you how insurance companies operate, and what’s really going on. Andrea McMillan will prepare you to give a statement, review documents presented to you for signature, and help you every other step of the way. Call the Law Offices of Andrea McMillan at (561) 612-5700.
Electronic & Video Evidence In A Uber/Lyft Accident
Uber and Lyft keep GPS and electronic records of where their drivers are traveling while working. Most drivers also have dash cams or even cameras inside of the vehicle that record outside traffic and passengers entering and exiting the vehicle. Those cameras are important for the protection of rideshare drivers and passengers. They show what exactly occurred, and constitute evidence that should be preserved.
As soon as an accident involving an Uber or Lyft rideshare occurs, the audio/ video/ technological/ and all other evidence regarding that accident should be preserved. The Law Offices of Andrea McMillan will take the necessary legal steps to ensure that the evidence is preserved. We fight diligently to protect that evidence, which could be critical to your case.
Who Can Be Held Responsible For An Uber or Lyft Accident?
If Another Driver Caused The Accident– That driver may be held liable for the crash and a claim may be made against that driver’s insurer.
If You Were The Passenger, of An At-Fault Uber or Lyft Driver– You are not at fault and should be able to recover damages.
If You Were In An Accident With An Off-Duty Uber or Lyft Driver– it would be the driver, rather than Uber or Lyft, who would be held responsible.
Whose Insurance Pays In A Uber or Lyft Accident?
Both Uber and Lyft provide liability coverage for their drivers, and the companies have adopted very similar policies, with coverage that varies depending on when the accident occurs:
- Period 0: When the driver is not logged into the Uber/Lyft app, (app is “off”), but the driver is at fault for the accident, then the driver’s personal auto insurance policy covers the accident. Since the driver is not technically on the job, Uber/Lyft will not provide coverage for this accident;
- Period 1: When the driver is logged into the app but has not yet accepted a ride request, and the driver is at fault for the accident, then Uber/Lyft provides liability coverage as follows: Coverage of up to $50,000 per person injured in the accident; $100,000 total injury liability coverage per accident; and $25,000 property damage liability;
- Period 2: When the Uber/Lyft driver has accepted a trip and is on the way to pick-up, and that driver is at fault for the accident, then Uber/Lyft provides $1 million in coverage for injuries caused to the Uber/Lyft passenger, or a third-party, such as a cyclist, other driver, pedestrian, etc. In the event a third-party driver is at fault, but that driver has no or insufficient bodily injury insurance coverage, then Uber/Lyft provides $1 million in uninsured/underinsured motorist (“UM”) coverage;
- Period 3: From the time the rider is in the car, ending at drop-off, and the Uber/Lyft driver is at fault for the accident, then Uber/Lyft provides $1 million in coverage for injuries that the Uber/Lyft driver caused to the Uber/Lyft passenger or a third-party, such as a cyclist, other driver, pedestrian, etc. In the event a third-party driver is at fault, but that driver has no or insufficient bodily injury insurance coverage, then Uber/Lyft provides $1 million in uninsured/underinsured motorist (“UM”) coverage;
In an accident, Uber/Lyft’s insurance coverages may interplay with other insurance policies, such as the Uber/Lyft driver’s personal insurance coverage, a third-party at-fault driver’s coverage, and even your own insurance coverage. Indeed, liability claims and the applicable insurance policies can be complicated and confusing after a rideshare accident. For this reason, it’s important to contact an experienced Palm Beach County ridesharing accident attorney, who will be able to sort out the insurances, file the proper claims, and get you the compensation you deserve. If you were involved in an Uber or Lyft accident, call the Law Offices of Andrea McMillan at (561) 612-5700, or fill out our contact form for a free case evaluation.