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When you get hurt in an accident, there are damages you need covered. Medical bills, lost wages, pain and suffering, and potential vehicle damage can be expensive, and it is often up to the Uber or Lyft driver who caused your crash to pay for your damages.
You may be able to sue Uber or Lyft directly, but these cases are difficult because of the way these rideshare companies hire their drivers. Even so, insurance claims are often available. Both companies should have extensive insurance coverage for riders.
For a free case review, call The Queenan Law Firm’s Uber and Lyft accident lawyers at (817) 476-1797 today.
Do You Sue the Driver or the Rideshare Company After a Crash?
In some situations, you might have a lawsuit against the rideshare company, but the way they hire their drivers might interfere with this kind of lawsuit.
When Employers Can Be Sued
Employers can be sued when these three conditions are met:
- The worker who caused the accident was an employee.
- The worker caused the accident through negligence.
- The worker caused the accident while working within the scope of their job duties.
How This Applies to Uber/Lyft Drivers
Uber and Lyft both claim that their drivers are hired as independent contractors, not employees. If this status is correct, then it would be impossible to sue these rideshare companies because the first requirement above could never be met.
However, there may be other grounds to sue Uber/Lyft, and this classification might be incorrect in some situations.
End Result: Lawsuits Against Drivers Only
When this argument rings true, it prevents you from suing the rideshare companies, but not the driver.
If a driver is properly classified as an independent contractor, the driver can still be held personally responsible for their crash. You need to prove they caused it before a court will hold them liable.
Exceptions
If the independent contractor status is incorrect, you can still sue Uber/Lyft. This status is based on actual facts, not the status the company claims applies.
Additionally, you may also be able to sue rideshare companies directly if they did something to cause the crash. For example, negligent hiring of a driver they should have known was dangerous could be the company’s fault, even if the driver is a contractor.
Insurance Claims Available for Uber and Lyft Accidents in Bryan, TX
In most auto accidents, there is insurance available to cover damages. In rideshare cases, our Uber and Lyft accident lawyers often have a few different policies we can seek compensation from:
Your Insurance
In Texas, we use an at-fault insurance system. This means the at-fault driver pays for the crash. However, you might have supplemental coverage on your policy that protects you when you get hurt.
If you were driving your car when you were hit by an Uber/Lyft driver, we can check your policy for first-party benefits. If their insurance is not enough, we can also look for uninsured/underinsured motorist coverage on your policy.
Uber/Lyft’s Insurance
Rideshare companies also cover accidents in two situations through their insurance:
- The rideshare driver was on duty but did not have a rider selected yet. In this case, the company may use supplemental insurance on top of the driver’s insurance.
- The rideshare driver had a rider in the car or was on the way to pick one up. In this case, the rideshare company should have a high-dollar policy to cover the crash.
This might not cover the rideshare driver.
The Driver’s Insurance
The rideshare driver must also have insurance. Typically, because they are acting as a commercial driver, the policy must be a rideshare policy or a commercial policy. Insurance companies might refuse to cover damages if the driver only had a personal driver’s policy.
FAQs for Uber and Lyft Accidents in Bryan, TX
How Long Do You Have to File a Claim?
Car accident victims typically get 2 years from the date of the accident to sue under the statute of limitations in Texas.
How Much is an Uber/Lyft Accident Worth?
The damages you can claim in your case will be personalized to your case. You can only claim money for harms you actually faced, and each case is valued differently.
We can often claim damages for medical bills, lost wages, pain and suffering, and property damage.
How is Fault Determined?
When an insurance company analyzes fault, they look to see whose actions or violations caused the crash. If they determine their driver was at fault, they will typically offer a settlement instead of actually admitting fault.
If the case goes to court, it is up to the jury to determine which party violated a legal duty to cause the accident. Only if they violated a legal duty can the jury hold them liable. Each at-fault party/driver pays their share of the damages, based on percentages of fault the jury assigns.
What if You Shared Fault?
The jury or insurance company might find that you shared partial fault if you were driving another car when your crash happened. This means getting assigned a percentage of the fault (usually a whole number).
You then lose that percentage of your total damages, but the other drivers still pay damages equal to their percentage of the fault. You lose the right to sue if you are over 50% at fault.
Can You Sue Other Drivers in an Uber/Lyft Crash?
Sometimes the rideshare driver you were in the car with did nothing wrong. In these cases, you would both be able to bring your case against the driver who actually caused the crash.
Uber/Lyft’s insurance might still have some coverage to protect you, regardless of fault, so always check with a lawyer about how to file your claim.
Call Our Uber/Lyft Accident Lawyers in Bryan, TX
Contact The Queenan Law Firm’s Uber and Lyft accident attorneys at (817) 476-1797 today for a free case evaluation.