The explosive growth of Lyft and Uber in Florida has coincided with a spike in rideshare accidents. By some estimates, Uber employs one million drivers in the United States alone, with its closest domestic competitor, Lyft, employing an estimated 700,000 drivers in the United States. With so many drivers working for Uber and Lyft, it stands to reason that an increasing number of car accidents may involve these companies.
Who is financially responsible in the case of an Uber or Lyft Car Accident? Can I sue the rideshare company? What about the rideshare driver?
All good questions, but the answers depend on the facts surroundings of your accident, like:
- Who caused the accident?
- Were you a driver, passenger, pedestrian, or driver of another vehicle involved in the accident?
- Was the rideshare driver on duty at the time of the accident?
One challenge that is specific to Uber and Lyft car accidents involves the confusing nature of financial responsibility. According to Florida law, employers are typically financially responsible for injuries and other damages caused by their on-duty employees. However, rideshare companies, like Uber and Lyft, do not consider themselves traditional employers, and they have repeatedly denied that their drivers are “employees.” Instead, these companies argue that the drivers are independent contractors since they can work as little or as often as they want to, they have no direct supervisors to whom they report, they do not receive benefits, and they are not eligible for workers’ compensation.
Uber and Lyft both provide insurance coverage worth up to a $1 million to their drivers while they are on duty. Meaning that, whether you were an Uber or Lyft passenger, a pedestrian, or a driver or passenger in another vehicle, you can bring a claim against this $1 million insurance policy if at the time of your accident the rideshare driver was on duty and caused the accident that caused the injuries.
However, these $1 million insurance policies do not apply to accidents caused when a driver is not on duty. If you were hit by an Uber or Lyft driver while their driver app was off, your claim would be against the driver’s personal insurance policy.
Now, these companies’ insurance policies do carry what is called uninsured/underinsured motorist coverage. Meaning, if you were in a rideshare car as a passenger and your rideshare car was hit by an uninsured/underinsured driver, you can bring a claim against the rideshare company’s insurance policy.
As you can see determining insurance liability is just one of many complicated steps in the process of filing a personal injury or wrongful death claim after a rideshare crash. The Amanda Demanda legal team will help you answer all these complex legal issues and will help you avoid critical mistakes that would jeopardize your case.
If you or someone you know has been hurt in an Uber or Lyft accident—whether as a driver, passenger, or pedestrian—you may be entitled to compensation.
Call us today at 305-505-1000 for a free legal consultation.
Calling the right law firm does make a difference. Don’t delay! If you delay in calling us for your free personalized legal consultation, essential evidence might disappear, and you may wind up making a costly error that our legal team could have helped you avoid.
We start working for you the moment you call! When you call our legal team will explain the steps you must take and the mistakes you must avoid to give your claim the best chance of success. The legal team at the Amanda Demanda Law Group also performs an immediate investigation of your claim to gather the evidence before it becomes unavailable.
Don’t speak English? Fortunately, the Amanda Demanda legal team is fluent in both Spanish and English. Whether you are a native English speaker or speak Spanish, you will get the answers and help you need.