The growth of Lyft and Uber has been exponential in the last decade. This convenient option, available direct from your phone and often far more affordable than traditional taxi services has taken the transportation world by storm – and created liability issues which have not yet been fully explored.
With so many people climbing into strangers cars, unfortunately it is inevitable that there will be accidents. Add to that the number of Uber Eats and other food delivery services which are popping up across America, and the question of Uber liability in an accident becomes an important on. If you are involved in an accident involving one of these rideshare services, who is at fault?
Uber Liability and Lyft Accident Claims
As is the case with all auto accidents, the first order of business is to determine who was at fault. Because Florida is a no fault state, the default position in a minor accident is that each party’s insurance will pay for any necessary medical bills or car repairs. However, also like any other auto accident case, if damages exceed a party’s personal insurance coverages, they may seek a claim against the other party in a court of law.
In the case of an accident involving Uber or Lyft, the plaintiff may be the driver of the other car, or the passenger who was utilizing the rideshare service.
The general public may be surprised to find out, however, that these companies are not operated as a standard taxi-style company. Legally, you cannot sue the company as you would another private transport organization. In fact, Uber and Lyft are actually legally considered software companies who provide an app, and drivers are independent contractors. Why does this matter to someone seeking a settlement? The company itself will most likely not be found liable for damages – in other words, in most cases you are not looking at a multi-million dollar settlement from a global company. Rather, your lawsuit is likely to be between you and another driver, like any accident. While Uber and Lyft do maintain insurance and you may receive some form of settlement if you make a claim, it is not like suing Toyota for a faulty engine.
It is also important to note that if an Uber driver is using their car for personal reasons and not currently using the app, that the corporations are considered completely out of the situation. The Uber or Lyft driver would be required to go through their own insurance. If the rideshare contractor was waiting for a ride assignment or carrying a passenger, they themselves may be able to get some relief from Uber, regardless of fault.
If an Uber or Lyft driver is in the process of driving a passenger, the company will often pay standard insurance coverages towards an accident, generally providing coverage up to at least $1 million per accident. Again, this is standard coverage, and “pain and suffering” or punitive rewards are unlikely against the corporation – although you may pursue a claim against their driver.
In any auto accident scenario in which you have been injured, it is best to call a personal injury attorney as soon as possible to discuss your situation. Regardless of the parties involved, we can advise you as to the best course of action and most likely settlement for your injuries. If you have been involved in an accident involving possible Uber liability, call Probinsky & Cole.
