A collision with an Uber or Lyft driver could have the same dangerous consequences as any other motor vehicle accident. If you were injured in an accident with an Uber or Lyft driver, you could be entitled to a financial recovery.
Different options for pursuing financial recovery in these cases exist. You might pursue a civil lawsuit directly against the other driver, or you could be entitled to benefits from an insurance claim. An Uber and Lyft ridesharing accident lawyer serving Tyler could help you determine the best option for your case.
Options for Pursuing Financial Recovery
Two distinct options could be available to you following an accident with an Uber or Lyft driver. The first is pursuing a civil lawsuit against the other driver that caused your accident. The second is seeking benefits from the insurance policies provided by the ridesharing companies.
Suing the Other Driver
Filing a lawsuit against the rideshare driver is always an option. This process is similar to any other case where another driver negligently caused your accident. The law requires these drivers to carry liability insurance. So, it could be possible to resolve the case against the other driver without ever filing a lawsuit.
The fact that the driver was serving a rideshare operator at the time of the accident does not protect them from legal action in any way.
Filing an Insurance Claim Against Uber or Lyft
Filing a direct lawsuit against Uber or Lyft is generally not an option in Texas. This is because state law does not recognize rideshare operators as employees of either company. Instead, the law treats Uber and Lyft as a platform that connects freelance drivers with passengers.
This distinction is important, given that you could have the right to sue either company if the driver was considered an employee. You might be out of luck for suing the rideshare company. However, you might be entitled to pursue a claim on an insurance policy provided by the company.
Both Uber and Lyft are required by state law to provide liability insurance to their drivers in certain circumstances. A claim against these policies is possible. The law requires that you first exhaust the driver’s insurance policy before seeking a claim against the rideshare company’s policy, though.
Insurance Requirements for Uber and Lyft in Tyler
The requirement for liability insurance is different for rideshare drivers compared to those who use their vehicle privately. In many cases, the minimum coverage requirements are much higher. The good news for Uber and Lyft drivers is that these companies provide coverage for these higher levels of financial recovery.
The maximum amount of benefits available for a rideshare accident will depend on what phase the driver was in at the time of the accident.
There are three phases. Phase one involves a driver who is not using the mobile app and not transporting rideshare passengers. Phase two involves rideshare drivers actively using the app to identify and connect with riders but have not yet picked them up. Phase three involves a rideshare driver actively transporting a passenger to the destination.
Phase One Coverage
Uber and Lyft do not provide any coverage during phase one. A driver is limited to the amount of liability insurance they carry on their vehicle.
Phase Two Coverage
In phase two, both Uber and Lyft provide additional insurance beyond what a driver normally carries on their own. However, this coverage is less than what is offered during phase three.
This coverage includes:
- $50,000 for bodily injuries per person
- $100,000 for bodily injuries per accident
- $25,000 for property damage per accident
Phase Three Coverage
The highest level of insurance coverage is available during phase three. This should come as no surprise since rideshare companies generally have a higher duty of responsibility when a passenger is in the vehicle.
The insurance companies provide up to $1 million in liability coverage in these situations. There is also up to $1 million in uninsured motorist benefits.
Building Evidence in an Uber or Lyft Accident Case
Whether you intend to file a lawsuit or hope to resolve your case through a negotiated settlement, you must build a strong case for negligence. You might not be able to secure a favorable outcome in your case without establishing that the Uber or Lyft driver was negligent.
Building a strong case for negligence involves a thorough investigation of the accident. This includes determining how the accident occurred and documenting the extent of your injuries and financial losses. Some pieces of evidence that could be useful in your case include:
- Photographic evidence
- Video evidence
- Medical records
- Police reports
- Expert witness testimony
- Employment records
- Vehicle repair invoices
Our Uber and Lyft lawyers taking cases in Tyler could prove your injuries were caused by negligence. We could even return to where the accident occurred and document evidence at the scene.
Take Advantage of a Free Consultation
Any car accident can be challenging, but additional factors with an Uber or Lyft accident can be especially confusing. If you have questions about your legal rights following an accident with a rideshare driver, a free consultation with our firm could be a good place to get your answers.
The initial consultation with our firm is always free. During the consultation, you will have the chance to ask about the strength of your case and learn about our experience pursuing legal action against Uber or Lyft drivers. A free consultation is a good opportunity for you to learn about your options.
You could have the right to pursue damages following an accident with Uber or Lyft. Doing so could involve:
- A civil lawsuit
- A negotiated settlement with an insurance company
- A combination of the two
No matter how your case proceeds, our firm is ready to help you maximize your financial recovery.
You Could be Entitled to Financial Recovery Following an Uber or Lyft Accident
Before you move forward with an Uber or Lyft accident case on your own, let our firm review your case. The attorneys of D. Miller & Associates, PLLCTM could provide you with the guidance needed to get the most out of your injury case.
Call right away for a free consultation to learn how an Uber or Lyft ridesharing accident lawyer in Tyler could help. It’s not likely that you could sue Uber or Lyft for injuries in an accident in Texas. However, our team will fight for fair financial recovery.