Yes, you can pursue legal action against Lyft if they negligently hired or retained a dangerous driver who caused injuries in an accident. However, the specific circumstances of the case will determine Lyft’s liability.
While it’s possible to sue Lyft, many claims are typically resolved through arbitration. You may also have the option to file a claim with Lyft’s commercial liability insurance provider.
Understanding Liability in Lyft Accidents
Several parties might be responsible for a Lyft accident, and each party’s role must be carefully evaluated to determine liability.
Identifying the Responsible Parties in a Lyft-Related Accident
Lyft drivers are considered independent contractors, which means Lyft is not automatically vicariously liable for their actions. However, Lyft does provide third-party liability coverage for accidents caused by drivers who are using the app. This coverage is applicable when the app is on, during the time the driver is on their way to pick up a passenger, or while transporting a passenger.
Assessing Lyft’s Role and Responsibility in Accidents
While Lyft is not typically vicariously liable for an accident caused by a driver’s negligence, the company may be directly liable if it negligently hired or retained a driver with a known criminal record or poor driving history.
Exploring Third-Party Liability in Rideshare Accidents
In addition to the Lyft driver, other parties may be liable for a Lyft accident, including other drivers involved, manufacturers of defective vehicle parts, or entities responsible for road maintenance.
Navigating Lyft’s Insurance Coverage in Accident Claims
Lyft offers different insurance coverages depending on what phase of the ride the driver is in when the accident occurs.
Lyft’s Insurance Coverage Explained
Lyft’s insurance coverage varies based on the app’s status:
- Phase 0: When the app is off, Lyft does not provide any coverage.
- Phase 1: When the app is on, and the driver is waiting for a fare, Lyft provides third-party liability coverage of $50,000 for bodily injury per person, $100,000 per accident, and $25,000 for property damage.
- Phase 2: When the driver is en route to pick up a passenger, Lyft provides $1 million in third-party liability coverage, along with first-party coverages, including PIP and uninsured/underinsured motorist (UM/UIM) coverage. If the driver has comprehensive and collision coverage, Lyft offers contingent property damage coverage with a $2,500 deductible.
- Phase 3: When the driver is actively transporting a passenger, Lyft provides the same $1 million third-party liability coverage, PIP, UM/UIM, and contingent property damage coverage, provided the driver has their own comprehensive and collision coverage.
Challenges You May Face When Suing Lyft
Lyft often argues that it is not liable for its drivers’ negligence because they classify their drivers as independent contractors. However, victims can still file a claim for damages under Lyft’s commercial liability insurance policy.
Lyft’s terms of service include a mandatory arbitration clause, which requires that claims be resolved through arbitration rather than a lawsuit. However, you might still be able to sue Lyft if the company negligently hired or retained a driver who was unfit to be on the road. Lyft is required to conduct thorough criminal background and driving record checks on its drivers.
Immediate Steps to Take After a Lyft Accident
If you’re involved in an accident with a Lyft driver, take the following steps to protect your rights and build a strong case:
Seek Medical Attention Immediately
Even if you’re unsure about the extent of your injuries, see a doctor right away. Prompt medical attention not only ensures your well-being but also prevents insurance companies from arguing that your injuries are unrelated to the accident.
Contact the Authorities and Obtain a Police Report
Call 911 to report the accident and request police assistance. Be sure to get the names of the responding officers, their department, and details on how to obtain a copy of the police report.
Gather Evidence at the Scene
Use your smartphone to photograph your injuries, the vehicles involved, accident debris, road conditions, weather conditions, and other relevant details. Collect contact information from witnesses and obtain the names and insurance details of all drivers involved.
Notify Lyft and Start the Insurance Claims Process
Report the accident to Lyft and begin the insurance claims process by completing their online accident form. It’s advisable to seek legal help when filling out this form.
Legal Process for Filing a Claim Against Lyft
Filing a lawsuit against Lyft typically involves the following steps:
Understanding the Statute of Limitations
Under Florida Statute § 95.11, the statute of limitations for personal injury claims is two years. It’s crucial to contact an attorney as soon as possible to avoid missing this deadline.
Hiring an Experienced Personal Injury Attorney
Most personal injury attorneys offer free consultations and work on a contingency fee basis, meaning you don’t pay unless they win your case.
Evaluating Damages and Building a Case
Once you hire an attorney, they will investigate your case, identify all potentially liable parties, and draft a demand package for the insurance company. The insurer may accept, dispute, or counter your demand.
Filing the Lawsuit and Engaging in the Legal Process
If the insurance company does not settle fairly, your attorney may file a lawsuit on your behalf. This process begins with filing a civil complaint in court. If Lyft compels arbitration, your case will be heard by a neutral arbitrator rather than going to trial. Many cases are resolved through settlements, but if your case goes to trial or arbitration, your attorney will advocate for your rights.
What to Expect in a Lyft Accident Lawsuit
If your case settles, it will conclude at that point. If it proceeds to trial or arbitration, the outcome will depend on the evidence presented. Compensation may include:
- Medical Expenses: Coverage for past and future medical bills.
- Lost Wages and Reduced Earning Capacity: Compensation for income lost due to the accident and any impact on your future earnings.
- Emotional Distress and Pain and Suffering: Compensation for non-economic damages like emotional trauma and physical pain.
- Punitive Damages: In cases of gross negligence, punitive damages may be awarded to punish Lyft or the driver.
Factors That Influence the Outcome of Lyft Accident Claims
Several factors can influence the outcome of your claim, including:
Comparative Negligence
Florida follows a modified comparative fault rule under § 768.81, which means that if you are more than 50% at fault for the accident, you cannot recover damages. If your fault is 50% or less, your compensation will be reduced by your percentage of fault.
Insurance Coverage and Policy Limits
The insurance coverage available will depend on the phase of the Lyft ride when the accident occurred. If the driver wasn’t using the app at the time, their personal auto insurance would apply, which may have limited coverage.
Rideshare Regulations and Insurance Considerations
Florida’s rideshare laws under § 627.748 require background checks for drivers, insurance coverage, and adherence to safety standards. Violations of these regulations could impact liability.
The Impact of Arbitration Clauses in Lyft Agreements
Lyft’s terms of service include an arbitration agreement that requires most disputes to be resolved outside of court. Your attorney can help you understand whether your case may qualify for an exemption from arbitration.
Why You Need Legal Representation After a Lyft Accident
If you’ve been involved in a Lyft accident, it’s essential to seek legal advice from an experienced attorney.
Consulting with a Personal Injury Lawyer
Most personal injury attorneys offer free consultations where you can discuss your case and evaluate your legal options.
Understanding Contingency Fees and Legal Costs
Personal injury attorneys typically work on a contingency fee basis, meaning they only get paid if you win your case. Their fees will be a percentage of your total compensation.
At FGB Law, we’re here to help you navigate the complexities of Lyft accident claims. If you need legal representation, contact us at 941-979-9010 for a free consultation. We’ll fight to protect your rights and secure the compensation you deserve.