If you were in an accident involving a Lyft driver, you may be wondering whether the party liable for your injuries is the driver or the rideshare company. Because Lyft considers its drivers as contractors and not employees, it is difficult to determine who is responsible for damages. Contacting a Lyft accident attorney serving the Cankton area may help you identify the liable party and get the compensation you need.
What You Should Do if You’ve Been Involved in a Lyft Accident
The moments following a car accident are crucial—especially if a Lyft driver is involved. It’s best to take action instead of sitting back and letting others manage the situation.
Call the Authorities
Call 911 and let them know where the accident has occurred, and request medical assistance if anyone is injured. After the police arrive, ensure you request a copy of the police report and note the name of the officer in charge of investigating the accident.
Document the Scene
Take photos or videos of the scene, damage to the vehicles, road conditions, and any factors that might have led to the accident. If it is safe to do so, also document any injuries you may have sustained. This information may be important to your case.
Exchange Contact Information with Parties Involved
Note down the name and contact information of the Lyft driver, including insurance information. Speak with witnesses, passengers, and any other drivers involved in the accident. Take down their names and contact information as well. This information could be vital to your case.
Get Medical Attention
You should seek medical attention following any accident. Either go directly to the hospital or schedule an appointment with your doctor. Some injuries may take days or even weeks to manifest, so it’s best to ensure a doctor documents your condition.
Consider Contacting a Lyft Accident Lawyer
Navigating the world of insurance claims can be a hassle, especially accidents involving a Lyft driver. For this reason, contacting a Lyft accident lawyer serving Cankton may be a good idea.
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Who Is Accountable for My Injuries?
Because rideshare companies like Lyft consider their drivers contractors instead of employees, determining liability gets complicated. The question of who is liable for your injuries and damages depends on who is at fault for the accident.
Louisiana follows a comparative fault system for accidents. If the Lyft driver is seventy-five percent at fault, they are responsible for that same percentage of any damages incurred. Any other party with any other percent of fault will be responsible for that percent of the damages.
Following an accident, insurance company adjusters review police reports and other documentation to determine what percentage of the liability parties share. This is a point when your photos of the scene and witness testimony may come into play.
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What Happens if the At Fault Party Doesn’t Have Car Insurance?
If the at fault party—whether they are a Lyft driver or another driver—does not have personal insurance, you have the option to sue them personally or file a claim with your own insurance for compensation. Alternatively, if the Lyft driver is at fault, you can file a claim with the company’s underinsured motorist coverage.
Lyft provides its drivers with a liability policy that may cover you, even if the driver’s private insurance does not.
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Does Lyft’s Liability Insurance Cover You?
Lyft has insurance coverage of its own that pays up to $1 million for personal injuries and property damage if a Lyft driver is at fault for the accident. But even if the Lyft driver is at fault, that does not mean Lyft’s company policy covers the damage.
If the driver is not using the Lyft app at the time of the accident, their personal insurance covers the damage. If the driver is using the Lyft app and waiting for a ride request, Lyft will cover any damages that the driver’s personal insurance will not. At this point, Lyft will cover up to $50,000 per person for injuries, $100,000 per accident for bodily injury, and $25,000 per accident for property damages.
It is not until the Lyft driver is enroute to pick up passengers or is currently transporting passengers with the app turned on that Lyft’s $1 million policy takes full effect.
While it might seem simple enough to determine if you’ll qualify for Lyft’s liability insurance coverage, filing claims with insurance companies can be difficult. Consider contacting a Lyft accident attorney in Cankton to assist you.
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What if Lyft’s Insurance Coverage Isn’t Enough?
There are circumstances where the Lyft driver’s personal insurance and the rideshare company’s insurance offer you an amount less than what you deserve or refuse to cover your losses. In such a case, you may file a lawsuit against Lyft directly or the driver’s personal insurance company. Again, this depends on whether the driver was using the Lyft app at the time of the accident.
It’s frustrating when an insurance company tries to stonewall you. If you’re left with no other option than filing a lawsuit, a Cankton Lyft accident attorney may be able to help.
How Long Do I Have to File a Lawsuit After a Car Accident?
The statute of limitations is a critical time limit that you have to file a claim for your injuries and damages. If you fail to initiate legal proceedings before the statute of limitations expires, the court is likely to throw out your case.
In Louisiana, CC Art. 3492 states that the deadline for filing a personal injury lawsuit is set at one year from the date the incident occurred. Act fast before your case becomes void. It is important to note that this time limit does not apply in cases where you’ve suffered permanent injury nor to minors involved in an accident until they are adults.
Contact Us
Our team at Laborde Earles Injury Lawyers may be able to offer you assistance in this trying time. Because we work on a contingency fee, you don’t pay unless we win or get a settlement. Contact us today for a free initial consultation.
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