Lyft And Uber Accident Lawyer In Fort Lauderdale
With the rise of rideshare has come a new type of legal issue – who is liable for Uber and Lyft accidents? Rideshare accidents involve different laws and legal responsibilities than average car crashes. Depending on the circumstances of the collision, injured parties may be able to collect recovery through the individual driver, the rideshare company’s insurance, and/or a third party. Count on the Law Offices of Chalik & Chalik for legal counsel for these often-complex accident claims in Fort Lauderdale.
Chalik and Chalik fights for our client against UBERWe were honored to represent our client in a prior case. When tragedy struck and she was killed in an automobile accident, her family reached out to us again. Our client was on the road and was driving for UBER. She did not have a passenger in her car, but the Uber App was on. She was struck by a drunk driver and lost her life. Our client’s Uninsured motorist insurance as well as the UM insurance for UBER, denied coverage. Chalik and Chalik filed suit. We fought UBER and Progressive and the claims have been resolved to the satisfaction of the family of our former client. We feel blessed that families trust us to represent their loved ones who have been lost through the fault of others.
Liability for Rideshare Accidents
The rule of vicarious liability makes almost all employers liable for the actions and behaviors of employees during work-related activities. For example, if a pizza delivery person fell asleep behind the wheel during a delivery and injured a pedestrian, the pizza company would most likely be responsible for covering the damages. If the delivery person was off duty and just driving home, however, the company would not be liable. Uber and Lyft accidents do not abide by the same rules since rideshare drivers are technically independent contractors.
In the past, the statuses of Uber and Lyft drivers led to significant issues after accidents. On-duty rideshare drivers were individually liable for accidents, not the companies, because of their “independent contractor” classification – despite being engaged in work-related tasks at the time. Luckily, Uber and Lyft both have $1 million insurance policies to cover passenger and driver damages in the event of a car accident, along with company rules for when the policy will apply. This has opened the companies to more crash-related lawsuits and recovery for passengers and drivers.
Both rideshare companies’ insurance policies make coverage available depending on the driver’s activity at the time of the accident. If the driver was not accepting customer requests or logged into the app, the rideshare policy will not apply. If the driver logged into the app and was available for taking passengers but did not have anyone in the car, the rideshare policy will kick in to provide additional coverage on top of the driver’s individual policy. The driver must request this additional coverage. If there was a passenger in the vehicle, the $1 million policy comes into play to cover the driver, passengers, and any third parties involved.
Denied Rideshare Accident Claims
Uber and Lyft work hard to limit their liability for car accidents. By classifying drivers as independent contractors and setting strict rules for when their insurance policies will kick in, they make it difficult for injured parties to receive coverage for damages right away. In the event that Uber or Lyft denies a claim, the driver’s personal insurance policy may also fail to provide coverage since the driver was driving for money at the time. This can leave injured drivers and passengers in the lurch in terms of accident recovery.
Rideshare crashes can quickly escalate into complicated legal matters. Uber and Lyft have separate insurance policies and rules for filing. For help with these types of accident cases in Fort Lauderdale, trust a team of attorneys who can help protect your rights. Call the Law Offices of Chalik & Chalik today.