Summary
If you've been involved in an accident while using a Lyft rideshare service, it's important to know how to protect your rights. This guide covers the essential steps you should take following a Lyft accident.
Lyft is undoubtedly one of the most popular, if not the most popular, ridesharing apps in the United States, particularly in California.
In the last quarter of 2022, approximately 20.4 million active riders used Lyft, reinforcing its status as a key player in the ridesharing space.
However, this increasing use also brings an unfortunate uptick in accident rates. Recent studies suggest that ridesharing services like Uber and Lyft have led to a 3% increase in traffic-related fatalities nationwide.
In an accident involving a Lyft vehicle, understanding your rights and the subsequent steps to take is crucial. Whether you’re a passenger, a pedestrian, or another driver, such incidents can be uncertain and confusing.
This article aims to shed light on this increasingly common scenario, offering guidance on protecting your rights and navigating the aftermath of Lyft-related car accidents.
Immediate Response to a Lyft Accident
The first step in the immediate aftermath of a Lyft accident is to ensure everyone’s safety, including yours. Check yourself and any passengers for injuries and move away from the vehicle—if it’s safe.
Call 911 as soon as possible so you’ll receive medical attention and immediate assistance from local law enforcers.
Don’t forget to take note of other critical details such as the date and time of the accident, license plate, weather conditions, and sequence of events—especially while you can recount them vividly.
Exchange contact and insurance information, such as phone numbers, with all parties involved in the accident. It can be high-stress, so remember to keep cool and cooperate with all parties.
However, while dealing with other drivers and passengers (even first responders), be wary of what you say. Stick to the facts.
Seemingly innocent statements like “I’m sorry” or “I didn’t see you” may be easily misconstrued as admitting fault.
Medical Attention and Reporting
Seek medical attention, even for seemingly minor injuries (or if you think you have none at all.) Certain injuries may not manifest symptoms immediately and may take a few days before they show, like a concussion. Consult a medical professional so they can rule out any potential complications.
Document injuries and medical reports; you’ll likely need this when talking to insurance companies or when settlements and legal proceedings occur. Take photos of your injuries from day dot, and throughout the healing process. If you can timestamp the images, the better, so you’ll be able to show how long it took to heal (and reflect how much loss in income you suffered, for instance.)
Understanding Lyft’s Insurance Policy
An accident involving Lyft may look like any of the following:
- A Lyft passenger getting injured in a Lyft car due to the driver’s negligence
- A pedestrian accident due to a cyclist hit by a Lyft driver
- A collision involving a third-party vehicle and a Lyft vehicle
- Injuries sustained by a Lyft driver due to another motorist’s negligence
For any of these scenarios, Lyft provides insurance coverage for drivers and passengers, but it’s important to understand when this coverage applies and its limitations.
According to Lyft’s Insurance Policy, their coverage consists of three parts:
Coverage when the app is on, and drivers are able to receive ride requests
Lyft maintains third-party liability insurance for covered accidents if your own insurance does not apply to at least:
- $50,000/person for bodily injury
- $100,000/accident for bodily injury
- $25,000/accident for property damage
Note that the exception for this is covered accidents occurring in Arizona and Nebraska. Consistent with state requirements, the third-party liability insurance is $25,000/per person for bodily injury, $50,000 per accident for bodily injury, and $20,000 per accident for property damage.
Coverage when the app is on and drivers are en route to pick up passengers or during rides
Lyft maintains the following insurance for covered accidents:
- At least $1,000,000 for third-party auto liability
- First-party coverages, which may include uninsured motorist coverage, underinsured motorist coverage, PIP, MedPay, and/or Occupational Accident coverage
- If a driver obtains comprehensive and collision on their personal auto policy, Lyft then maintains contingent comprehensive & collision coverage up to the actual cash value of the car ($2,500 deductible)
When the app is off
Personal auto insurance coverage applies. If you’re using a rental car from Express Drive, the standard insurance included applies.
Legal Rights as a Passenger
Potential claims that you can make following an accident with a rideshare company include personal injury, property damage, emotional distress, loss of income, and wrongful death.
Negligence and liability play a significant role in ridesharing accidents. Liability is determined in a ridesharing accident by proving who the at-fault party is.
When a rideshare driver fails to exercise due care while operating a vehicle and causes injuries in an accident, they can be held legally accountable.
While Lyft provides auto insurance coverage for its drivers, the specifics and legal options vary depending on the scenarios above—whether the driver is waiting for a ride request, en route to pick up a passenger, or transporting a passenger.
If the Lyft driver was negligent and caused the accident, they (and potentially Lyft itself) could be liable for damages.
However, if another driver was at fault, you may need to seek compensation from that driver’s insurance company.
Note, though, that Lyft drivers are considered independent contractors rather than employees, complicating matters on liability.
Consult with a legal professional following a ridesharing accident to protect your rights, and you receive the compensation you’re entitled to. Laws and regulations regarding ridesharing accidents can vary by state and locality, so it’s crucial to seek advice based on your specific situation and location.
Collecting and Preserving Evidence
Document the accident scene. Take notes and photos (or film the immediate vicinity). These are valuable evidence in your arsenal for any ensuing legal or insurance proceedings.
Make sure you capture the following:
- Positions of the cars, especially the Lyft vehicle
- Visible damages
- Road conditions
- Skid marks
- Traffic signs
- Hazard lights
- Name of the transportation company of other vehicles involved, i.e., trucking company, supplier
- License plates
Exchange contact and personal insurance information with all parties involved in the accident.
Keep copies of medical bills and any other relevant documentation. Make sure you have detailed records of the following:
- Medical reports from each doctor’s visit
- Medical bills and receipts for any out-of-pocket expenses related to your injuries (like medications, assistive devices, etc.)
- Records of any physical therapy or rehabilitation services
- Documentation of any psychological counseling if the accident caused emotional distress
Navigating Insurance and Compensation Claims
Here are the steps in navigating insurance and compensation claims:
- Report the Accident: Inform relevant authorities, such as the local law enforcement and police. They will investigate the scene and determine who is the at-fault driver.
- Document Everything: Take pictures of the accident scene, your injuries, and any property damage. Obtain a copy of the police report, if one was filed. Keep track of all medical treatment received and any other expenses related to the accident.
- File a Claim: Contact your insurance company to file a claim. You’ll likely need to provide details about the accident and any injuries or damages incurred. Consult a personal injury lawyer so you’ll know what to say (and what not to) and understand the process well. Most personal injury law firms offer free case evaluations. Some insurance companies are well-versed in claims and minimizing payouts, so get legal advice beforehand (or get a lawyer to do it for you).
- Cooperate with Investigation: Your insurance company will investigate the claim. This may include interviewing you about the accident, examining your vehicle, and reviewing medical reports.
- Settlement: If your claim is approved, the insurance company will offer a settlement based on your reported damages and injuries. If you’re unsatisfied with the offer, you may need to negotiate for a higher amount or consider legal action.
Dealing with Insurance Adjusters: Dos and Don’ts
Do’s:
- Review your policy before speaking with an adjuster.
- Get everything in writing.
- Take your time when reviewing settlement offers.
- Consult with an attorney if you’re unsure about anything.
Don’ts:
- Don’t give recorded statements without understanding your policy and rights.
- Don’t accept the first settlement offer without considering all of your damages.
- Don’t sign anything without reading it thoroughly and understanding what it means.
Understanding Compensation Types
There are several types of compensation you might be eligible for after an accident:
- Medical Expenses: This covers the cost of medical care needed due to the accident. It can include hospital bills, medication, physical therapy, and any necessary medical equipment.
- Lost Wages: If you cannot work due to your injuries, you may be compensated for your lost income during this time.
- Pain and Suffering: This is compensation for the physical pain and emotional distress caused by the accident. It’s typically more challenging to quantify than other types of compensation and may require expert testimony to validate.
When to Seek Legal Help
Every situation is unique, so it’s crucial to consult with a legal professional or insurance expert to understand your rights and options.
Seek legal help if you’re facing:
- Complex legal issues
- Severe injuries
- Long-term or permanently disabling injuries
- Refusal of payment by an insurance company
- If you are simply uncertain about your situation
Choosing the right attorney for a Lyft accident case will increase your likelihood of receiving the compensation you deserve. Choose an attorney specializing in personal injury law with experience with rideshare accidents.
Frantz Law Group is renowned for its expertise in handling rideshare accident cases. Our team of personal injury attorneys is experienced in navigating the unique challenges presented by these cases, such as dealing with large corporations like Lyft and understanding the specific ridesharing laws and regulations.
By choosing Frantz Law Group, you can ensure you have a team of skilled personal injury lawyers on your side, fighting for your rights and seeking the compensation you deserve.
Ensure a Fair Outcome After a Lyft Accident with Frantz Law Group
Ridesharing accidents, such as those involving Lyft, can be complex to navigate due to the involvement of multiple parties and insurance policies. Ensuring a fair outcome often requires expert legal guidance.
If you’re involved in a Lyft accident, knowing what to do in the immediate aftermath of a collision, how to report an incident to Lyft, and when to seek legal counsel will ensure you’re adequately protected.
Report the accident. Seek immediate medical attention. Document everything related to the incident. File an insurance claim with your provider and potentially with Lyft’s insurance company.
Understand your legal options. Depending on who was at fault, you may have the right to pursue a personal injury lawsuit against the Lyft driver, another driver involved, or even Lyft itself.
Frantz Law Group advocates for victims of rideshare accidents. We deeply understand the complexities of these cases and have a track record of securing substantial settlements for our clients.
Our team is committed to fighting for your rights and ensuring you receive fair compensation.
The sooner you consult with our ridesharing attorneys, the better your chances are to preserve evidence, accurately document your injuries, and ultimately secure a fair settlement.
Contact Frantz Law Group today for a free consultation.