Can I Sue Uber or Lyft If I Get into an Accident?
Rideshare apps are a popular way to get around Las Vegas, helping tourists and locals alike travel the city easily. However, riding in an Uber or Lyft poses the risk of getting into an accident. What happens when you suffer injuries while riding in an Uber or Lyft, or if the at-fault driver in your accident is an Uber or Lyft driver? A compassionate Las Vegas Uber Accident Attorney can help.
Uber and Lyft’s Insurance Coverage System
While Uber and Lyft are two different companies, they both have very similar insurance policies. Each company offers up to $1 million in coverage for accidents caused by Uber and Lyft drivers. However, your coverage under these policies depends on what period the driver was in at the time of the accident.
- Period 0: If the driver is not using the Uber or Lyft app and is not on his or her way to pick up a passenger, the driver is in Period 0. During this stage, you cannot recover compensation from Uber or Lyft’s insurance policy. You will instead collect compensation through the driver’s personal insurance company.
- Period 1: If the driver is using the Uber or Lyft app but is not on his or her way to pick up a passenger and does not have a passenger in the vehicle, the driver is in Period 1. During this stage, you will have to file a claim with the driver’s personal insurance company first. If you need additional compensation, Uber and Lyft will provide up to $50,000 per injury in liability coverage and up to $25,000 in property damage.
- Period 2: If the driver is using the Uber or Lyft app and is on his or her way to pick up a passenger, the driver is in Period 2. This period operates in the same way as Period 1, with the primary insurance being the driver’s personal coverage and Uber or Lyft providing additional compensation.
- Period 3: If the driver is using the Uber or Lyft app and has a passenger in his or her vehicle, the driver is in Period 3. If you are the passenger in the Uber or Lyft, the company will provide coverage to you up to $1 million. If you are another driver, cyclist, or pedestrian, you can also receive this coverage. However, Uber or Lyft may deny this claim, causing you to pursue compensation through the driver’s insurance company. The driver’s insurance may deny your claim since the driver was using his or her vehicle for commercial use.
Filing a Lawsuit Against Uber or Lyft
When you file a claim with Uber or Lyft’s insurance company, it is important to remember that it is not in the company’s best interest to give you maximum compensation. Since the company is responsible for paying for your damages, it is not unusual for Uber or Lyft to deny your claim. You can file a claim with the driver’s insurance company, but unless you were in Period 0, that company will likely deny your claim since the driver was using his or her vehicle for payment at the time. Your final option would be to file a personal injury lawsuit against Uber or Lyft or the driver.
You can file a lawsuit against the driver responsible for your injuries, you may not be able to recover the total amount of damages you need. However, Uber and Lyft both consider their drivers’ independent contractors, not employees. This means that Uber and Lyft have limited liability when it comes to the accidents their drivers’ cause.
However, filing a successful lawsuit against Uber or Lyft for your injuries is not impossible. You will need an experienced personal injury attorney on your side to help you craft a compelling case in your favor. Your attorney can help you determine which insurance companies to file your claim with, negotiate with adjusters, and assist you with the lawsuit process.