At FGB Law, we know the complexities and frustrations that come with rideshare accidents. While you can pursue a claim against Lyft under certain conditions, it’s important to understand the nuances of liability and insurance coverage in these cases.
Understanding Liability in Lyft Accidents
Liability in Lyft accidents can involve multiple parties, and determining fault is crucial to any claim.
The Role of the Lyft Driver
Lyft drivers are classified as independent contractors, meaning Lyft is generally not vicariously liable for their actions. However, Lyft provides third-party liability coverage when the app is active and during passenger transport.
Lyft’s Responsibility as a Company
Lyft may be held directly liable if it negligently hired or retained a driver with a known history of dangerous behavior, such as a criminal record or poor driving history.
Third-Party Liability
Other parties, such as another driver, a vehicle manufacturer, or the entity responsible for road maintenance, may also be liable in a Lyft accident.
How Lyft Insurance Claims Work
Lyft’s insurance coverage varies depending on the phase of the ride.
Lyft’s Insurance Coverage Phases
– Phase 0: No coverage when the app is off.
– Phase 1: When the app is on and waiting for a fare, Lyft provides $50,000 for bodily injury, $100,000 per accident, and $25,000 for property damage.
– Phase 2: When en route to pick up a fare, Lyft offers $1 million in third-party liability and additional first-party coverages.
– Phase 3: During active passenger transport, Lyft provides $1 million in third-party liability and contingent property damage coverage.
Challenges in Suing Lyft
Lyft often argues that its drivers are independent contractors, limiting the company’s liability. Additionally, Lyft’s terms of service include a mandatory arbitration clause, requiring many claims to be resolved through arbitration rather than court.
Steps to Take After a Lyft Accident
- Seek Medical Attention: Always see a doctor, even if injuries aren’t immediately apparent.
- Contact Authorities and Obtain a Police Report: Call 911 and secure a police report for documentation.
- Gather Evidence: Take photos, collect witness information, and document everything at the scene.
- Notify Lyft and Initiate an Insurance Claim: Use Lyft’s online form to report the accident and start the claims process. Consider consulting an attorney for assistance.
Filing a Lawsuit Against Lyft
If you need to pursue legal action against Lyft, here’s what the process typically involves:
Statute of Limitations
Under § 95.11, Fla. Stat. (2023), you have two years to file a personal injury claim in Florida. Acting quickly ensures your rights are protected.
Hiring an Experienced Attorney
Most personal injury attorneys offer free consultations and work on a contingency fee basis. Your attorney will investigate the accident, identify liable parties, and build a strong case.
Evaluating Damages and Building a Case
Your attorney will assess your damages, including medical expenses, lost wages, and pain and suffering, and negotiate with the insurance company.
Engaging in the Legal Process
If necessary, your attorney will file a civil complaint, initiate discovery, and represent you in court or arbitration to secure fair compensation.
Potential Compensation in Lyft Accident Lawsuits
Victims of Lyft accidents may be entitled to:
– Medical Expenses: Coverage for past and future medical costs.
– Lost Wages and Diminished Earnings: Compensation for income lost due to the accident.
– Emotional Distress and Pain and Suffering: Damages for non-economic impacts.
– Punitive Damages: In cases of gross negligence, additional punitive damages may be awarded.
Factors Influencing Lyft Accident Claims
Several factors can affect the outcome of a Lyft accident claim:
Comparative Negligence: Florida’s modified comparative fault law may reduce your compensation if you are partially at fault.
Insurance Coverage: The phase of the Lyft ride and the driver’s personal insurance will influence coverage.
Rideshare Regulations: Compliance with Florida’s rideshare laws is essential.
Arbitration Clauses: Lyft’s arbitration agreement may require claims to be resolved outside of court.
Seeking Legal Representation
After a Lyft accident, consulting with a knowledgeable attorney is crucial.
Consulting with a Personal Injury Lawyer
Schedule a free consultation with an experienced personal injury attorney who can evaluate your claim and guide you through the legal process.
Understanding Contingency Fees
With contingency fee arrangements, you only pay legal fees if your attorney successfully recovers compensation for you.
Frequently Asked Questions
How to Sue Lyft for Deactivation?
Drivers wrongfully deactivated can appeal through Lyft or consult an attorney.
How Do I Find a Lawyer to Sue Lyft?
Contact the Florida State Bar, ask for referrals, or search online for experienced personal injury attorneys.
Can I Sue Lyft as a Driver?
While drivers are subject to arbitration clauses, there may be circumstances allowing a lawsuit. Consult an attorney to understand your rights.
Take Action Now
If you’ve been involved in a Lyft accident, FGB Law is here to help. Our experienced attorneys will fight for your rights and ensure you receive the compensation you deserve. Contact us today for a free consultation and take the first step towards justice.