California Lyft accident attorney David Woolf helps victims who have been hurt by Lyft drivers. Most of these victims have been hurt in a car accident, though some may have been assaulted by the Lyft driver. An attorney can help these victims by maximizing their settlement or by filing a personal injury claim against the negligent parties.
What is a rideshare accident?
A rideshare accident is an incident involving a ridesharing driver who hurt someone else. Most of these incidents are car crashes. However, there are also times where the driver assaults the victim. In both types of cases, the victim can file a lawsuit and demand compensation from the liable party.
Potential victims of Lyft accidents in California include:
- Lyft passengers who were hurt in a car accident,
- Lyft passengers who were assaulted by their driver,
- people in other cars who were hurt in a car crash that was caused by a Lyft driver,
- pedestrians who were hit by a Lyft driver, or
- victims who have had property damaged by a Lyft driver’s negligence, like if the ridesharing vehicle hit their parked car.
These victims are entitled to compensation for their losses. They can demand that the Lyft driver or Lyft, itself, pay that compensation.
Car accidents
Most Lyft accidents are car accidents. These are almost always caused by a driver’s negligence, rather than any intentional conduct.
Rideshare and Lyft car accidents, however, are more complicated than normal ones. The insurance coverage that would pay for the costs of the crash is complex. It also depends on what the driver was doing, at the time of the crash.
If the driver was on the app and was picking up passengers or was bringing them somewhere, Lyft provides the following insurance coverage:
- $1,000,000 in third-party liability coverage,
- underinsured and uninsured motorist bodily injury coverage, and
- contingent comprehensive and collision coverage, subject to a $2,500 deductible.
If the driver was on the Lyft app, but was waiting for a ride request, the driver’s own liability insurance covers the crash. Lyft’s insurance coverage is only a fallback option. It is also much less extensive, covering only:
- $50,000 per person and $100,000 per accident for bodily injury, and
- $25,000 per accident for property damage.
If the Lyft driver was not using the app at the time of the crash, his or her personal auto insurance policy covers the costs of the accident. To drive with Lyft, this coverage has to meet state minimum requirements.
These differences in coverage are significant. The status of the driver can determine whether the victim is fully compensated or not. A car accident attorney with experience filing lawsuits against Lyft can help.
Driver assaults
Victims who were hurt because their Lyft driver assaulted or sexually assaulted them deserve compensation, too. In these cases, Lyft may be held liable for negligently hiring the driver or for not performing an adequate background check.
What compensation is available?
In California, victims of Lyft accidents are entitled to fair compensation for their legal damages. These damages include all of the economic and non-economic losses that the victim suffered because of the accident. It generally includes:
- medical bills,
- compensation for the medical expenses of future medical care,
- costs for emergency medical attention,
- costs of ongoing medical treatment, like physical therapy,
- lost wages due to the accident and the victim’s recovery,
- reduced earning capacity, if the victim suffered injuries that will prevent them from making money,
- pain and suffering,
- mental anguish, especially if the victim suffered serious injuries that led to a disfigurement,
- costs of repairing or replacing property damage, and
- loss of consortium for the victim’s family.
While punitive damages are rarely awarded in a car accident, they may be an option if the victim was hurt by a Lyft driver who committed an assault or a sexual assault. These damages go further than compensating the victim. They award the victim extra money in order to punish the defendant.
Will I have to rely on the Lyft driver for compensation?
Not always. If the Lyft driver was on the Lyft app at the time of the crash, then the ridesharing service company will provide a source of compensation. If the driver was not using the app, it will be treated like a normal car accident case. Victims will have to rely on the Lyft driver’s personal insurance policy and what he or she can pay, out-of-pocket.
However, Lyft’s legal team is known for doing everything it can to avoid liability. This includes in motor vehicle accidents. For example, Lyft claims that its drivers are independent contractors. This allows the rideshare company to fight personal injury cases that claim the company is vicariously liable for the driver’s negligence.
How can a Lyft accident lawyer help?
A rideshare accident attorney from a reputable law firm can help accident victims who have been hurt by Lyft drivers in 2 ways:
- they can maximize the victim’s settlement, and
- they can file a personal injury lawsuit against the driver and Lyft, if no settlement is adequate.
Soon after a Lyft accident, an insurance adjuster for the liable parties will approach the victim. They will make an initial settlement offer in an attempt to end the case. The timing and the amount of this offer are both designed to seem enticing. However, it woefully undercompensates the victim as the insurance company tries to minimize its loss.
Victims who have a personal injury attorney on their side often see substantially higher settlement offers. They can also use an experienced attorney’s legal advice to understand what they deserve and what a fair settlement offer would look like.
These settlement negotiations can continue for months. As the statute of limitations approaches, the lawyer can file a personal injury claim against the driver and Lyft. This is a formal demand for compensation. It sets a trial date, which is a deadline for the settlement negotiations. If no settlement is reached, the judge or jury will hear the case. Their verdict will end the auto accident claim.
If an accident involving a Lyft vehicle was a fatal one, rideshare accident lawyers can help the victim’s loved ones pursue a wrongful death claim.