If you are involved in a car accident while in a Lyft, you may wonder: What are my legal rights? The best way to get an answer about your specific case is to request a free legal consultation with a personal injury attorney. You can do so by contacting Law Offices of Fernando D. Vargas at 909-982-0707. In the meantime keep reading to get the basic facts about these cases.
You May Be Able to Sue Lyft for a Car Accident
If you have been injured in a car accident involving a Lyft vehicle then yes, you can likely sue. However, there are a few factors that you must be able to prove. Namely, you must prove that:
- The Lyft driver owed you a duty of care;
- The Lyft driver failed to uphold this duty of care;
- The failure caused you to be injured;
- Those injuries resulted in economic and/or noneconomic damages.
Note that these four factors must be proven in all car accident lawsuits – and in fact in all personal injury cases. The main difference between suing a Lyft driver and any other driver in a car accident case is determining whether the driver’s insurance policy or Lyft’s insurance policy should cover your damages.
The Fact That Lyft Drivers Are Not Employees Can Make These Cases Complex
One of the reasons that cases involving Lyft can be complicated is because drivers are contractors – not employees. Why does this matter? In normal circumstances, an employer is liable for any injuries their employees cause while said employee is on the clock. However, in the event that said worker is not an employee but is a contract worker, this is no longer true.
That said, Lyft as a company understands that this puts them in a situation in which they could be constantly defending their driver’s non-employee status in lawsuits. One way they prevent that is by providing up to $1 million in coverage for every accident their drivers are involved in. It is not required that you prove that the driver is the employee of Lyft as Lyft has provided coverage regardless.
The Lyft Driver Must Have Accepted Your Ride
One thing to note is that if you have a Lyft driver pick you up outside of the Lyft app then the coverage from Lyft would likely not apply. It applies only to rides that are set up and followed through with their app. If the driver is on their way to pick you up, and you have requested they do so via the app, then you should be covered.
On the other hand, if you have asked the driver to take you to another stop and not changed the ride within the app then Lyft’s coverage may not cover you. This is just one example of the ways in which these cases can get complicated. Contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation if you have been involved in a Lyft accident.
