Uber and Lyft accidents are handled much like any other car accident, but there are often issues that mean you should take your case to a lawyer who handles these kinds of crashes. Generally, drivers have their own insurance that pays for the crashes they cause, but Uber and Lyft drivers could have various overlapping insurance policies that make these cases more complex.
Additionally, Uber and Lyft might be involved in the case, though lawsuits against them for their driver’s mistakes are quite rare. In many cases, you might not even file your claim against Uber and Lyft, and our attorneys can help you determine who is actually at fault.
For a free review of your potential Uber and Lyft accident case, call (844) 876-4357 to speak with Howe Law’s Uber and Lyft accident lawyers today.
Which Insurance Policy Covers Your Uber or Lyft Accident in Montgomery, AL?
When you are involved in a car accident, it is typically the at-fault driver’s insurance that covers the crash. That means they will have to pay for your injuries and vehicle damage. This is different from the system used in no-fault states, where each driver uses their own insurance to cover the damages for medical bills and lost wages for themselves and their passengers. However, Uber and Lyft both provide additional insurance that might cover the accident, potentially changing which insurance covers your accident first.
The Driver’s Policies
First, Alabama law requires all drivers to carry car insurance. Uber and Lyft drivers must typically carry enhanced rideshare driver policies or commercial driver policies, too. These policies tend to have higher coverage limits. So, even if Uber and Lyft’s policies do not cover the accident, the at-fault driver should have insurance you can file against for your injuries.
The driver’s personal driver’s policy is likely the only policy that applies if the driver hits you while they are off duty.
Uber and Lyft’s Policies
Second, Uber and Lyft provide two policies that cover their drivers, their riders, and others involved in an accident with their drivers. The first policy covers accidents when the Uber and Lyft driver has the app on and is searching for rides. However, this policy is only supplemental and covers additional damages above and beyond what the driver’s policy already covers – so claims will typically be needed against both policies. The second policy covers when the driver has accepted a ride or while they have a passenger in their car. There, a $1 million insurance policy should cover the injured rider and anyone the Uber and Lyft driver injures – and it might in fact be the primary policy you file with.
Determining Which Policy Covers
If there is any doubt about which policies cover or how you should receive compensation, our Uber and Lyft accident lawyers can investigate your case and help you file claims for compensation. We can also take your case to court if the insurance companies refuse to pay full damages.
Determining Fault in a Montgomery, AL Uber and Lyft Crash
When two or more cars crash into each other, you will need to determine who is at fault. Especially if your case is going to court, determining fault will be one of the core jobs the court performs.
Definition of Negligence
For a driver to be at fault in a crash, there must be some violation of a legal duty that you can prove caused the crash. This is known as negligence. If a driver was doing everything they were supposed to be behind the wheel, then it is nearly impossible to say that they were at fault for the crash. Instead, there must be some unreasonable act or traffic violation that caused the crash.
In many cases, there are multiple traffic violations – and multiple drivers could share fault. Courts can apportion a percentage of fault to each driver and have them pay that corresponding percentage of damages to the victim. If you were the clear victim in the accident but the court finds that you contributed to causing the crash in some way, you will be blocked from compensation. In most cases, passengers cannot be found at fault, so this restriction should not affect you if you were a passenger injured in the crash.
Potential At-Fault Drivers
Ultimately, the fault could lie with the Uber/Lyft driver or some other driver. If you were a passenger in an Uber or Lyft when another driver crashed into you, then both yourself and the Uber/Lyft driver could be victims of the crash. If you were driving another vehicle when an Uber or Lyft driver hit you, then you and any passengers in your car could be the victims and the Uber/Lyft driver would be at fault. As mentioned, some cars accidents are caused by multiple drivers, and you could be entitled to recover partial damages from each driver involved in the crash. This is common in cases where a passenger sues both the Uber/Lyft driver and another driver for the crash that injured them.
Evidence Used to Prove Fault
Evidence from the scene of the crash can help you determine which driver was at fault. Often, that evidence comes in the form of photos and video. Evidence of skid marks, traffic signs, the location of vehicle damage, the color of paint embedded in the vehicle damage, and more can all help accident reconstruction experts determine what happened. Our lawyers can then present those findings to a court and argue as to who was at fault.
Lawsuits vs. Insurance Settlements for Uber and Lyft Accidents in Montgomery, AL
The decision of whether to file an insurance claim or a lawsuit is one you should discuss with your lawyers. Many insurance payouts will function as legal settlements and end your case. Accepting these payments would mean you cannot go to court and get additional compensation later. If an insurance offer fails to cover all of your needs, consider talking to your attorney about rejecting that offer and taking the case to court.
Call Our Uber and Lyft Lawyers in Montgomery, AL
If you were involved in a crash, call the Uber and Lyft accident attorneys at Howe Law for a free case review at (844) 876-4357.