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When riding in an Uber or Lyft, you put a lot of faith in the driver to keep you safe. Even if they did everything right, other drivers on the road might still cause crashes.
Getting compensation for an Uber or Lyft accident can be difficult because these rideshare companies often try to insulate themselves from lawsuits. However, there may still be insurance to cover the crash, even if you can only sue the at-fault driver. Whether you are a rideshare passenger or a driver/passenger in another car also changes how your case proceeds.
For a free case evaluation, call The Queenan Law Firm’s Uber and Lyft accident lawyers at (817) 476-1797 today.
Can You Sue Uber and Lyft?
When you are hit by an Uber/Lyft driver, your ability to actually sue those companies might be limited because of how the drivers are hired and what type of workers they are.
Respondeat Superior Requirements
You can often sue an employer for something its employee does under a principle known as “respondeat superior,” but it requires three elements:
- The worker must be an employee, not an independent contractor. This is based on how much control the employer exerts over the worker and other factors, not just what the employer says the worker is.
- The worker must be negligent, meaning they violated a legal duty to cause the accident. You cannot sue Uber/Lyft if someone other than their driver was wholly at fault.
- The accident must have happened while the worker was working within the scope of their duties. An Uber/Lyft driver driving rideshare passengers around almost certainly counts.
Uber and Lyft Claims Drivers Are Independent Contractors
The problem is with the first element: Uber and Lyft insist that their drivers are independent contractors and that they do nothing but set up drivers with riders and manage payment. If this were true, then you would not be able to sue.
However, arguments have been made that rideshare drivers are under their employer’s control and are not treated like typical contractors, so there may be room for this kind of argument in your case.
Getting Compensation Through Uber or Lyft’s Insurance
Even if these rideshare companies are not eligible to be sued as the driver’s employer, they can often still be made to pay through insurance.
Uber/Lyft’s Coverage
Both companies carry insurance to cover injured riders, which typically has at least $1 million per accident in injury coverage. This applies when the driver has a rider in the car already or is on the way to a pick-up.
They also supplement coverage when a driver is in a crash while on duty and searching for rides.
The Driver’s Coverage
The at-fault driver – whether that is the rideshare driver or another driver – should also have insurance that covers their crashes. This may need to be a commercial or rideshare policy for the rideshare driver, or else their insurance company may deny coverage.
Your Coverage
If you were in another car, then you should have your own insurance, too. In Texas, your insurance only covers you if you had add-on first-party coverages, but some of these are quite popular, and you might have coverage without realizing it.
If you do have medical payment coverage, collision coverage, or uninsured/underinsured motorist coverage, this can help you get paid after a crash.
Damages Available
It is important to know what damages should be covered, since insurance will often try to carve out entire areas of damages or underpay you.
Medical Bills
All medical care needed to treat the injury should be covered. This means everything from emergency care and ambulance rides to pain medication and physical therapy. Even mental health care for things like PTSD from the crash should be paid for.
Lost Wages
If you are unable to work because of the injury for any period of time, your lost wages should be covered. This includes the wages you miss going forward if the accident causes you a disability.
Pain and Suffering
Injuries cause many intangible harms, like physical pain, mental anguish, and emotional distress. Although these have no base values from receipts or financial records, we can still claim monetary damages for these harms.
Vehicle Repairs and Other Property Damage
If you were in another car, the cost of fixing or replacing your vehicle might be one of the biggest expenses in your case. This should be paid by the driver who caused the crash or their rideshare employer.
If you suffered other property damage – whether you were in another car or were a rideshare rider – that should also be compensated. For example, a destroyed laptop or cell phone should be paid for.
FAQs for Uber and Lyft Accident Cases in Abilene
What Should You Do After an Accident?
In the immediate aftermath of a crash, take the following steps:
- Call 911. Do not assume the driver will do it for you.
- Get everyone’s contact info.
- Get all vehicle info (license plate numbers, make, model, color, etc.).
- Get insurance info for all drivers.
- Take photos of the accident scene and damage.
- Write down any other info you think you might need.
- Get medical care.
- Call our Uber and Lyft accident lawyers.
Do You Have to Report a Crash or Will the Driver Do it?
Do not assume that the driver will report a crash. Especially if the damage was minor (even if your injuries were not), the driver might try to shirk their own duty to report the crash. A crash might hurt the driver’s ability to stay employed as a rideshare driver, so they have a lot of incentive to avoid calling 911.
Nonetheless, accidents with injuries need to be reported. Unless you see the driver calling 911 and see an officer/ambulance responding, take matters into your own hands and call 911 yourself.
Can You Get Help from Uber/Lyft Representatives?
Do not trust Uber/Lyft representatives to have your best interests in mind. They are not your lawyers and do not represent you. In fact, their goal is often to push you away from a lawsuit or insurance claim by offering perks like ride credit.
Call Our Uber and Lyft Accident Lawyers in Abilene Today
Call (817) 476-1797 to have the Uber and Lyft accident attorneys at The Queenan Law Firm look over your potential case today.