Passengers in a vehicle have no control over what the driver does. While Uber and Lyft claim to vet drivers and take care that they only hire safe ones to take you around, mistakes by these companies and their dangerous drivers could cost you everything.
If you were hurt in an accident involving an Uber or Lyft driver, our lawyers can help you pursue damages. In many cases, you may be limited to damages from the defendant and their insurance, but the rideshare company’s insurance might help. You may also be able to sue Uber and Lyft, but the conditions for such a lawsuit are narrow.
For a free case evaluation, call the Uber and Lyft rideshare accident lawyers at The Reiff Law Firm at (215) 709-6940 today.
Can You Sue Uber or Lyft?
When you are in an accident with a rideshare driver, your first instinct might be to bring a case against the rideshare company. This is complex, and it is only allowed in a small range of cases.
Requirements for Suing an Employer
Generally, to hold an employer liable for something their employee did, you have to prove these three elements:
- The worker was an employee.
- They were working within the scope of their job duties when they injured you.
- The worker was negligent in causing the accident.
Employee vs. Independent Contractor Argument
Uber and Lyft say that their drivers are independent contractors, meaning they are treated as self-employed under the law. If this argument is correct, then you would be unable to hold Uber or Lyft responsible in their role as the driver’s employer.
However, there have been courts that have held that Uber and Lyft exert too much control over their drivers to consider them “contractors.” There are also laws working to treat rideshare drivers as employees. If any of these issues apply, you might be able to sue Uber or Lyft for what their driver did.
Otherwise, the case stops with the driver – which is not usually an issue, since they have insurance to cover the crash, too.
Ways Uber and Lyft Can Be Responsible
There are also a few limited ways Uber or Lyft could share direct fault for the crash. These typically involve negligent hiring, where they failed to do a proper background check on their drivers before putting them in cars with passengers.
Whose Insurance Covers a Rideshare Accident?
In an Uber/Lyft accident, there are often overlapping insurance policies, and it can be difficult to determine which one pays. Generally, when our Uber/Lyft accident lawyers take the defendants to court, their insurance companies figure this out; our primary concern is proving their fault. However, cases usually start with insurance claims, meaning we have to file with the right companies.
Uber/Lyft’s Insurance
Uber and Lyft both have $1 million insurance policies that are supposed to cover any crash that has a rider in the car or where the driver was on the way to pick up a rider. This means if you were hurt as a passenger, there should be insurance to cover you.
These companies also provide additional insurance if a driver was on duty without a rider when they hit you, whether you were in another car, a pedestrian, or a cyclist.
Uber/Lyft Driver’s Insurance
Because you were riding in the driver’s car, they should have insurance to cover you, too. We can determine which of these policies covers you first, and which one supplements.
If you were hit by an Uber/Lyft driver while they were on or off duty, the driver’s insurance should cover the crash.
Another Driver’s Insurance
If another driver was responsible for the crash, you can also go after their insurance. Some of the Uber/Lyft insurance might cover regardless of who was at fault, but the at-fault driver is ultimately responsible in many cases.
Your Insurance
If you were driving in your own car when a rideshare driver hit you, your Pennsylvania car insurance policy should have at least $5,000 of medical coverage. You may also have UM/UIM (uninsured motorist/underinsured motorist) insurance to cover damages if the other driver was uninsured or underinsured.
Your policy may also have other add-ons, such as collision coverage.
Can Riders Be at Fault for a Rideshare Crash?
Not usually. A rider is not controlling the vehicle in any way, and they cannot cause or stop a crash.
If you were a ride, your case may be against your driver or another driver, but you typically share no blame.
What Happens if You Were Hit by an Uber/Lyft Driver?
If you were walking on foot, in another car, riding a bike, or standing on the sidewalk when an Uber/Lyft driver hit you, you can still bring a case against them. You do not have to be a rideshare passenger to hold the at-fault driver responsible for a crash.
What Should You Do After an Uber/Lyft Accident?
After an accident, call 911, report the accident, get medical care, and call a lawyer. Do not talk to the rideshare companies’ representatives, sign anything, or take any money. If you do, it could act as a settlement, or at least give away information you do not have to give away.
Also, at the scene of the accident, collect as much information you can about who was involved, what happened, etc. Get witness contact info, driver contact info, insurance info, and photos of the damage, if you can stay at the scene.
How Long Do You Have to Sue for an Uber/Lyft Accident?
Injury victims get 2 years to sue under Pennsylvania’s statute of limitations for car accident cases. However, you should start working with a lawyer much sooner to avoid delays.
Call Our Uber/Lyft Accident Attorneys in Drexel Hill Today
For help with your case, call (215) 709-6940 to speak with the Reiff Law Firm’s Uber and Lyft rideshare accident attorneys about your potential case.
