Can You Sue After a Rideshare Accident?
Ridesharing apps like VanStar, TMA Group, Lyft, and Uber have made getting around Tennessee easier. From getting home after a late night to being on time for a flight leaving, both Uber and Lyft, have you covered. But what happens if you’re involved in an accident while using one of these services? Can you sue after a rideshare accident?
The process of suing after a rideshare accident can seem confusing, especially when you consider the multiple parties involved—drivers, companies, and insurance policies. At Hicks Law Firm, our Tennessee rideshare accident lawyers can help you determine if you have a case. We’ll explore your legal options with you after a rideshare accident so you can collect the compensation you need.
To help you navigate this situation, here are five key things you should know before filing a lawsuit.
#1 Determine Who Is Liable for the Accident
One of the most important aspects of filing a lawsuit is determining who is at fault for the accident. Liability can fall on several parties, including:
- The Rideshare Driver: If the driver of your Uber or Lyft was negligent (speeding, distracted driving, etc.), they could be held responsible for the accident.
- Another Driver: In some cases, another vehicle might have caused the accident, and you would need to file a claim against that driver.
- The Rideshare Company: Uber and Lyft generally try to avoid direct responsibility for accidents by classifying drivers as independent contractors. However, both companies carry insurance policies that could come into play depending on the circumstances.
Establishing liability is the first critical step in determining whether you have a valid case.
#2 Understand the Insurance Coverage Involved
One of the complexities of rideshare accidents is the involvement of multiple insurance policies. When an Uber or Lyft driver is involved in an accident, different levels of insurance coverage may apply depending on the driver’s status at the time of the crash:
- Not Logged into the App: If the driver is not logged into the Uber or Lyft app, their personal insurance is the only coverage available.
- Logged In, Waiting for a Ride Request: Both Uber and Lyft provide limited liability coverage during this time. For example, Uber offers $50,000 per person injured, up to $100,000 total per accident, and $25,000 for property damage.
- On an Active Ride or Heading to Pick Up a Passenger: If the driver is en route to pick up a passenger or has one in the car, Uber and Lyft provide up to $1 million in third-party liability coverage, along with additional coverage for uninsured/underinsured motorists.
Knowing which insurance policies apply will help you understand the potential for compensation.
#3 Rideshare Companies Have Strong Legal Defense Teams
Uber and Lyft are large companies with substantial resources, including robust legal defense teams. They’ve faced lawsuits before and will do everything in their power to minimize liability. This is one reason why having an experienced attorney on your side is essential. Your Tennessee rideshare accident lawyer will help you gather evidence, deal with the insurance companies, and make sure you’re not pressured into accepting a low settlement.
It’s worth noting that rideshare companies often argue that because drivers are independent contractors, they are not directly responsible for the actions of their drivers. However, depending on the circumstances of the accident, their insurance coverage may still provide compensation.
#4 You Must File Within a Certain Time Frame
Every state has a legal deadline for filing personal injury claims, known as the statute of limitations. In most states, this period ranges from one to four years from the date of the accident. If you fail to file within that time, you may lose your right to seek compensation altogether.
For example, in Tennessee, the statute of limitations for personal injury claims, including those involving rideshare accidents, is one year. If your accident happened in a different state, the time frame might be different. Your attorney can make sure you don’t miss any deadlines for filing your lawsuit.
#5 Compensation May Cover More Than Medical Bills
When you think about filing a lawsuit after an Uber or Lyft accident, it’s natural to focus on medical expenses. However, compensation in personal injury cases often goes beyond just paying for your hospital bills. Depending on the extent of your injuries and other factors, you may be entitled to compensation for:
- Lost Wages: If your injuries caused you to miss work or you’re unable to return to your job, you can seek compensation for lost income.
- Pain and Suffering: Injuries can lead to physical pain, emotional distress, and a diminished quality of life. Courts may award damages for these intangible losses.
- Property Damage: If the accident damaged your belongings, such as your car or other personal items, you can seek compensation for repairs or replacement.
- Future Medical Expenses: Severe injuries may require ongoing treatment, rehabilitation, or even future surgeries. Compensation can include the estimated cost of future medical care.
An experienced rideshare accident attorney will help you calculate the full extent of your damages to ensure you’re adequately compensated.
Contact Our Tennessee Rideshare Accident Law Firm
Suing after a rideshare accident can be complicated, especially when dealing with multiple parties and insurance policies. Understanding who is liable, the insurance coverage available, and the importance of acting quickly can make a big difference in the outcome of your case.
If you’ve been injured in an Uber or Lyft accident, call Hicks Law Firm immediately. Filing a lawsuit may seem overwhelming, but with our help, you can seek the compensation you deserve. Our law firm offers FREE initial consultations, so you can get the answers you need – when you need them. Call 615-200-0084 or fill out our confidential contact form.
Aaron Hicks is a civil trial attorney and founder of Hicks Law Firm, based in Orange County with offices in San Diego and Tennessee. His practice includes representing plaintiffs in personal injury cases including motor vehicle accidents, premises liability, dog bites and wrongful death. Mr. Hicks is and AV Rated attorney, Super Lawyer and is currently on the Board of Directors of the Orange County Trial Lawyers Association where he serves as 1st Vice President.
