While you can sue Lyft for an accident in some cases, most claims will go to arbitration. However, you might be able to file a claim with Lyft’s commercial liability insurance company.
Determining Liability in Lyft Accidents
Several parties might be involved in a Lyft accident, and each party’s fault must be assessed.
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The Role of the Lyft Driver
Lyft drivers are independent contractors, so Lyft is not vicariously liable for an accident.
Lyft provides third-party liability coverage when people are injured in accidents caused by Lyft drivers when they have the app on and additional coverage when they are going to pick up a fare or are transporting a passenger.
The Responsibility of Lyft as a Company
Lyft is not vicariously liable when a driver negligently causes an auto accident. However, Lyft might be directly liable if it negligently hired or retained a driver despite their criminal record or poor driving history.
Third-Party Liability in Lyft Accidents
Other potentially liable parties include the other driver, a defective part manufacturer, or the entity responsible for road maintenance.
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How Lyft Insurance Claims Work
Lyft’s insurance provides different coverages based on the app’s phase.
Lyft’s Insurance Coverage and Requirements
Lyft provides insurance with varying coverages as follows:
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- Phase 0 – Lyft doesn’t provide coverage when the app is off.
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- Phase 1 – When the app is turned on, and the driver is waiting for a fare, Lyft provides third-party liability coverage of $50,000 for bodily injury, $100,000 per accident, and $25,000 for property damage.
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- Phase 2 – When the driver is on their way to pick up a fare, Lyft provides $1 million in third-party liability coverage and first-party coverages, including PIP and UM/UIM. If the driver has comprehensive and collision coverage, Lyft also provides contingent property damage coverage with a $2,500 deductible.
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- Phase 3 – When the driver is actively transporting a passenger, Lyft provides $1 million in third-party liability, PIP, UM/UIM, and contingent property damage coverage for the driver’s car (with a $2,500 deductible) if the driver has comprehensive and collision coverage.
Potential Challenges in Suing Lyft
Lyft classifies its drivers as independent contractors and will argue it is not liable for their negligence. You can still file a claim for damages with Lyft’s commercial liability insurance policy or have one of our Lyft accident lawyers do it for you.
Lyft’s mandatory arbitration clause in its terms of service requires claims to be arbitrated. If you file a lawsuit, Lyft will file a motion to compel arbitration.
You might be able to sue Lyft if it negligently hired and retained an incompetent or dangerous driver. Lyft must conduct criminal background and motor vehicle records checks on its drivers.
Steps to Take after a Lyft Accident
Take the following steps:
Seek Medical Attention
See a doctor even if you are unsure whether you have been injured. This prevents the insurance company from claiming your injuries resulted from a different incident.
Contacting the Authorities and Obtaining a Police Report
Call 911 to ask for the police. Explain what happened, and get the name(s) of the officers and their department. Ask how to get a copy of the police report.
Gathering Evidence at the Accident Scene
Use your smartphone to take pictures of your injuries, each vehicle, the damage, accident debris, road conditions, weather conditions, and other details. Ask witnesses for their names and contact information. Get each driver’s name, contact details, and insurance information.
Notifying Lyft and Initiating an Insurance Claim
Notify Lyft and begin the insurance claims process by filling out Lyft’s accident form online. Getting an attorney’s help with this form is advisable.
The Process of Filing a Lawsuit against Lyft
The lawsuit filing process typically involves the following steps:
Statute of Limitations for Lyft Accident Lawsuits
Under § 95.11, Fla. Stat. (2023), Florida’s personal injury claims deadline is two years. However, you should contact an attorney immediately instead of waiting.
Hiring an Experienced Personal Injury Attorney
Most personal injury lawyers offer free consultations. Upon being retained, most lawyers also work for a contingent fee.
Evaluating Damages and Building a Strong Case
Once retained, your attorney will investigate your case and identify each potentially liable party. Your attorney will then draft and send a demand package to the insurance company, which can accept your demand, dispute it, or make a counteroffer.
Initiating the Lawsuit and Engaging in the Legal Process
A lawsuit might be necessary if the insurance company won’t fairly settle your claim. You start a lawsuit by filing a civil complaint in court and serving it on the defendant. The defendant will file an answer. Discovery will then begin, and both sides will exchange evidence.
If Lyft compels arbitration, your case will go to arbitration before a neutral arbitrator instead of a trial. Many cases are resolved through settlements. If your case isn’t resolved, your attorney will fight for your rights at trial or arbitration.
Possible Outcomes and Compensation in Lyft Accident Lawsuits
If you receive a settlement, your claim will end. If your case goes to trial or arbitration, the jury or arbitrator could decide in favor of either side. The risk of loss at trial or arbitration often incentivizes parties to settle.
Damages in a Lyft lawsuit might include the following:
Compensation for Medical Expenses and Treatment
Lyft accident victims are entitled to compensation for their past and future medical expenses.
Lost Wages and Diminished Future Earnings
You are entitled to compensation for your lost wages and reduced earning capacity.
Emotional Distress and Pain and Suffering
You are entitled to compensation for your non-economic damages, including pain and suffering, emotional distress, etc.
Punitive Damages in Cases of Gross Negligence
Unlike compensatory damages, punitive damages punish defendants and are rare. They might be awarded when a defendant is grossly negligent.
Factors That Could Impact Lyft Accident Lawsuits
Factors that can affect a claim’s value include:
Comparative Negligence and Shared Fault
Florida has a modified comparative fault statute found at § 768.81, Fla. Stat. (2023). Under this law, no party with fault greater than 50% can recover damages. If a party is less than 50% at fault, their damages will be reduced accordingly.
Insurance Coverage and Policy Limits
Lyft provides different insurance coverages depending on the app’s phase when the collision occurs. If the driver didn’t have the app turned on, their auto insurance will provide coverage. However, if they only have coverage meeting Florida’s minimum requirements of $10,000 PIP and $10,000 PDL coverage, it might not be enough. Your attorney will investigate to identify each potentially liable party and insurance company.
Rideshare Laws and Regulations
Florida’s rideshare laws are found in § 627.748, Fla. Stat. (2023) and include the following requirements:
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- Criminal background and driver’s license checks on drivers
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- New background checks once every three years
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- Zero-tolerance policy for the use of alcohol and drugs
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- TNCs must provide insurance coverage as previously described
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- Drivers must have insurance meeting Florida’s minimum requirements
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- Drivers with a felony, sex offense, or more than three moving violations in three years are disqualified
Arbitration Clauses in Lyft Agreements
Lyft’s terms of service include an arbitration agreement that drivers and passengers agree to when they sign onto the app. Arbitrated claims follow the Federal Arbitration Act (FAA). In limited situations, your attorney might be able to keep your claim out of arbitration.
Seeking Legal Advice and Representation
Following a Lyft accident, seek advice from an experienced attorney.
Consulting with a Personal Injury Lawyer
Most personal injury lawyers offer free consultations. You can ask questions about their experience and your case. They will evaluate your claim’s legal merits. If you decide to retain them, they will start building your case.
Understanding Contingency Fees and Legal Costs
With a contingency fee arrangement, you won’t have to pay your lawyer’s fees until and unless they successfully resolve your claim. Your attorney’s fees will be an agreed-upon percentage of your total compensation.
Frequently Asked Questions
How to sue Lyft for deactivation?
If Lyft wrongfully deactivates a driver, they can work with a Lyft lawyer to challenge their deactivation by appealing it or filing a claim.
How do I find a lawyer to sue Lyft?
Check with the Florida State Bar, ask for referrals, or search online. Choose a personal injury attorney with significant experience pursuing Lyft claims.
Can I sue Lyft as a driver?
Drivers are subject to Lyft’s arbitration clause. However, you might be able to sue Lyft directly in certain cases. Consult an attorney to learn about your rights.
Need free legal help in Florida?
We specialize in personal injury claims.
