South Florida is home to year-around beautiful weather, scenic views, and a plethora of restaurants and attractions. It is no surprise that Fort Lauderdale, West Palm Beach, Boca Raton, and Miami are hotspots for tourists and residents alike. But South Florida is also home to significant traffic and congestion. For tourists and residents, rideshare options have become increasingly popular, and transportation companies such as Lyft are convenient and used often, which in turn leads to a Lyft accident lawsuit.
Lyft is a company that provides app-driven transportation needs. Users book rides through the Lyft app, and Lyft drivers, who are often independent contractors in their personal cars, pick up users. While a majority of Lyft operators provide safe trips to and from locations every day, motor vehicle accidents involving Lyft vehicles happen in South Florida. If you were a Lyft passenger, a pedestrian or cyclist struck by a vehicle driven by a Lyft driver, or in another vehicle that was struck by a Lyft driver, then you may be entitled to compensation and may be able to file a claim against the at-fault driver’s personal insurance and enter a Lyft accident lawsuit.
Who’s Liable for a Lyft Accident?
Generally speaking, a driver from one or more vehicles is found to be negligent after a car accident. The driver or driver(s) who are negligent will be liable for your injuries and any damages associated with the accident. The Lyft driver may or may not be liable depending on the circumstances. If a driver other than the Lyft driver is responsible for the accident, then as the injured party, you would go through the at-fault driver’s insurance policy to obtain financial compensation for your damages. However, if the Lyft driver is found to be negligent based on the police report and crash investigation, then you would file a claim with Lyft to obtain compensation for your injuries and damages.
How Do I File a Lyft Accident Lawsuit?
Because Lyft drivers are independent contractors, suing rideshare companies can be complicated. In order to sue Lyft for an accident that caused you injuries and damages in South Florida, you have to prove that Lyft as a company acted negligently and that this negligence caused your Lyft accident.
Lyft’s insurance coverage varies depending on how the Lyft app was being used at the time. For example, according to Lyft, when the app is on and the driver is waiting for a rideshare request, Lyft provides third-party liability insurance with the following limits: $50,000/person for bodily injury; $100,000/accident for bodily injury; $25,000/accident for property damage.
If the app is being used and a driver is actively en route to pick up a passenger or transporting a passenger then additional coverage applies. Lyft does provide third-party insurance in the event of an accident, which covers injuries and damages up to $1,000,000. This applies when the Lyft driver is checked into the app and actively picking up a passenger, dropping off a passenger, or en route with a passenger. If the Lyft driver is not using the app while engaged in the ride and an accident occurs, then this particular coverage from the third-party insurance does not apply for a Lyft accident lawsuit.
It is also possible that the Lyft driver’s personal policy, which must meet the state’s minimum requirement, and your underinsured or uninsured motorist coverage from your policy may apply to your accident depending on the situation. However, Lyft’s third-party liability insurance is there to provide the primary coverage in the event that an accident occurs while a Lyft driver is transporting a passenger.
What Should I Do After a Lyft Accident?
Car accidents may lead to tragic, life-altering injuries to minor injuries. If you have been involved in an accident while using the rideshare app, Lyft, and you are able, you may follow these steps to ensure that you protect your rights and are safe.
- Ensure that you are in a safe place and call 911 for medical and police assistance. Florida law requires parties to contact law enforcement after an accident. According to the FLHSMV, “Florida Statutes requires the driver of a vehicle involved in a crash involving injury or death to a person, or at least $500 estimated vehicle or property damage to immediately contact local law enforcement.”
- Document the accident scene, including taking any pictures or videos of the scene; if possible, attain witness statements and contact information; exchange information with all parties.
- Report the accident through the Lyft app and follow up with their support team.
- Seek medical attention, even if you think you are fine. Soft tissue injuries may not be apparent at first but may show up later.
- Notify your insurance company and understand how Lyft’s insurance applies. Consult a personal injury attorney who may guide you through the next steps.
- Follow up on claims with both the Lyft driver’s insurance, Lyft, and your own insurance.
- Continue to document your injuries and recovery from the accident.
How Much Will My Lyft Settlement Be?
If a Lyft driver is at fault for an accident while using the app, then you may be able to obtain compensation for your losses, including injuries and property damage. The amount depends on four factors: 1) what medical expenses you have incurred; 2) the extent of your injuries; 3) lost wages and earning capacity; 4) pain and suffering.
How Long Will It Take to Settle My Lyft Accident Case?
If you have been injured in a Lyft accident, you are probably living under an immense amount of stress as you recover. Waiting around to hear what Lyft’s claims process decides to do can be extremely taxing. That is why hiring an experienced and trusted personal injury attorney in South Florida may help the process go smoother.
The length of time that it takes to settle varies based on the circumstances of your case. Lyft has a process for reporting an accident on its website. Lyft drivers must also report the accident to Lyft. The claims process may take several months or longer depending on the details of the accident. If you need to file a personal injury lawsuit against Lyft, the negotation process may take months to a year before reaching a settlement, and if your case is likely to go to court, then it may take up to two years or more to resolve. Contact Clayton Trial Lawyers today to find out more information.