If you have been injured in an Uber or Lyft accident, you may be wondering about your legal options. Due to Georgia’s complex rideshare and comparative negligence laws, understanding accident claims can be challenging.
As with other motor vehicle accidents, rideshare companies and their insurers work hard to minimize or deny claims. Understanding the complexities involved, liability issues, and the challenges you may face is essential. This article provides important information to help you make informed decisions about your case.
Why Rideshare Accidents in Atlanta Are More Complex Than Regular Crashes
Due to the area’s large population, Atlanta is one of the largest rideshare markets in the Southeast. Uber and Lyft serve a large portion of Atlanta and Fulton County, including downtown, Hartsfield-Jackson Airport, Buckhead, Midtown, Georgia State University, and other campuses.
One of the biggest challenges in a rideshare accident claim is the complexity of multiple layers of insurance, compared to a standard car accident. The primary question that determines how a claim will proceed is: what was the rideshare driver’s “status” at the time of the collision?
Three parties may have insurance obligations, which include:
- The rideshare company
- The driver’s personal insurer
- The at-fault party’s insurer
The Three Insurance Phases of a Rideshare Trip
There are three phases involved in a rideshare trip that can play a role in your accident claim:
Phase 1
The driver’s app is off. The Uber or Lyft driver is using their personal vehicle, and their personal insurance is liable for any accidents that may occur. Because the driver is considered off-duty, Uber or Lyft does not provide coverage, and the crash is treated like any other collision.
Phase 2
The driver’s app is on, and the driver is waiting for a ride request. During Phase 2, Uber and Lyft provide limited liability coverage:
- $50,000 per person bodily injury
- $100,000 per accident bodily injury
- $25,000 property damage
The coverage provided during Phase 2 is less than their full policy. One of the most common insurance traps involves the driver’s personal insurance company denying coverage because the driver was using their car for commercial purposes.
Phase 3
The driver is en route to pick up a passenger or is carrying a passenger. If the crash occurred during Phase 3, Uber and Lyft provide full coverage, which includes:
- $1,000,000 third-party liability
- $1,000,000 uninsured/underinsured motorist coverage
- Contingent collision and comprehensive coverage (with a deductible)
The gap in coverage between Phase 2 and Phase 3 is often where many claims become more complex.
Who Can Be Held Liable in a Rideshare Accident?
Many accident victims mistakenly believe that only the rideshare driver can be held liable for an accident. Although the rideshare driver can be held liable if they were negligent — such as being distracted by the app, speeding to pick up a passenger, or running a light — several entities can be held accountable for damages, including:
- Uber/Lyft: The rideshare companies’ insurance policies, though they often argue that drivers are independent contractors, not employees.
- Another driver: If the accident was caused by a third party while you were a rideshare passenger.
- Vehicle manufacturer: If it can be proven that the manufacturer produced a defective part that contributed to the crash.
- The city or county: If poor road design or maintenance failures directly contributed to the crash.
In Georgia, understanding the role of a rideshare driver who is considered an independent contractor is significant for building a case. Georgia courts have addressed legal issues in cases involving independent contractors. In past cases, outcomes have affected whether the company itself is found liable or just its insurance policy.
Filing a Claim as a Rideshare Passenger Injured in Atlanta
If you are a rideshare passenger who has been injured in an accident, follow these steps to ensure you protect yourself:
- Step 1: Call 911 to report the accident. Be sure to request a police report that documents the crash.
- Step 2: Take a screenshot of the app to have proof that you were an active passenger. The screenshot should include trip details, driver name, and vehicle information.
- Step 3: Seek medical treatment immediately. Do not wait; gaps in care can be used to try to deny your claim.
- Step 4: Report the accident through the Uber or Lyft app. Reporting the accident creates a record and initiates the company’s claims process.
- Step 5: Do not agree to give a recorded statement to any insurance company — including the driver’s provider, the company, or any other at-fault party — before consulting with an attorney.
- Step 6: Contact an Atlanta personal injury attorney experienced in rideshare claims.
Filing a Claim Against a Rideshare Driver Who Hit You
If an Uber or Lyft driver hit you while you were in another vehicle, on foot, or riding a bicycle, there are specific actions you must take to file a claim:
- Determine the driver’s status at the time of the accident, as it dictates which insurance policy will provide coverage.
- Be sure to have a copy of the police report, as it may indicate that the driver was driving for a rideshare company.
Be aware that the rideshare company’s insurance adjuster will try to minimize their liability and argue that the driver was in Phase 1 with the app off, even if they were in Phase 2 or 3. A skilled attorney can subpoena the rideshare company’s trip record to prove the driver’s status.
Common Challenges in Atlanta Rideshare Accident Claims
Insurance companies often engage in finger-pointing. Insurers often try to place liability on the rideshare driver or on the other driver’s insurer. Uber and Lyft often raise the independent contractor defense, claiming they are technology companies rather than transportation companies.
Evidence can disappear quickly, as trip data, app screenshots, and GPS records may be overwritten if not promptly preserved. Multiple jurisdictions can also lead to problems. The Georgia State Patrol handles accidents on interstates, and the Atlanta PD or the county sheriff investigates, depending on the area where the crash occurred.
Contact Durham Law Group today at 404-845-3434 for a free consultation about your Uber or Lyft accident.
