Should I Sue My Uber or Lyft Driver for a Rideshare Accident?
If you sustained injuries as a passenger in a Lyft or Uber-affiliated car, you are entitled to seek financial compensation to cover your losses. But should you sue the rideshare driver? The answer will depend on the specific circumstances of your rideshare accident.
In general, financial responsibility for the accident could be placed on the at-fault driver’s insurance company. This usually applies whether it’s your Lyft or Uber driver’s insurance provider or another driver’s insurance provider if that driver is responsible for the accident.
Whose Insurance Coverage Applies to Uber or Lyft Passenger Claims?
The rideshare driver’s auto insurance coverage should cover your injuries, provided that the driver’s actions caused the accident while you were riding in the rideshare-affiliated vehicle. Fortunately, Lyft and Uber provide third-party liability insurance plans for their drivers. This coverage covers personal injuries and/damage to property of up to $1 million for every accident.
However, take note that this coverage will only be triggered after the rideshare driver’s personal auto insurance coverage has been exhausted, provided that the driver carries the required coverage. Lyft and Uber require drivers to carry personal auto insurance coverage.
What If The Lyft or Uber Driver is Not Responsible for the Accident?
If the rideshare driver was not at fault, you should seek compensation from the other driver who caused the accident. Your compensation could come from an insurance claim against the driver’s auto insurance provider or through a personal injury claim. However, what if the liable driver does not have any auto insurance or has inadequate coverage to cover your losses?
In this case, you might be able to pursue compensation from Lyft or Uber’s uninsured or underinsured auto insurance coverage. Like both rideshare companies’ liability coverage, this coverage covers up to $1 million for every accident. However, take note that this will only apply in cases where the at-fault driver is unknown (hit and run), does not carry adequate insurance coverage, or does not carry any auto insurance coverage at all.
If these auto insurance policies are simply not enough to fully cover your losses, the driver does not have assets to compensate you even if you sue them, or if the insurance companies are refusing to give you a fair settlement, you could try suing Lyft or Uber. However, Lyft and Uber treat their drivers as independent contractors instead of employees. This distinction is crucial since independent contractors don’t have the same rights as employees, and companies may be held legally liable for their employees’ negligence but not for their independent contractors’ negligence.
Speak to a Tampa Rideshare Accident Lawyer Today
Passenger claims involving rideshare companies like Uber and Lyft are complex. To find out more about your claim and your legal options, particularly who you can sue and demand compensation from, you can reach out to the law firm of Tragos, Sartes, & Tragos to discuss your case with our skilled Tampa rideshare accident lawyer. Call us at 727-441-9093 or contact us online to arrange your free case evaluation with our Tampa rideshare accident lawyer today.