Uber, Lyft, and other rideshare services are common in Marietta. Scheduling a ride is easy and convenient — unless an accident happens. Since rideshare drivers are human, they can make mistakes. If an Uber or Lyft wreck injured you, talk to a rideshare accident lawyer in Marietta today.
At John Foy & Associates, we are here to help. Our Marietta personal injury lawyers have been helping accident victims for over 25 years. We continuously stay up-to-date on the newest laws for rideshare accidents. You can get a FREE, no-risk consultation. We do not collect a fee unless we win your case.
How Uber and Lyft Accidents Differ from Other Accidents
When a driver causes an accident, their insurance company should pay. However, Uber and Lyft accidents are not that straightforward. A rideshare accident might involve multiple insurers.
The insurance covering your accident will depend on the ride status. Let’s look at the coverage options.
Driver Has the App Off
Lyft and Uber drivers use an app to accept and manage ride requests. The status of their app will determine what insurance applies. If the driver does not have the app on, the driver’s personal insurance applies. Rideshare drivers must carry the minimum auto insurance for Georgia, which is:
- Bodily injury liability: $25,000 per person and $50,000 per accident
- Property damage liability: $25,000 per accident
Most insurance companies recommend higher coverage. If an accident costs more than the policy, the driver will have to pay the rest. If an Uber or Lyft driver caused your accident when not using the app, their personal insurer must pay. You will need to file a personal injury claim with the driver’s insurance.
What if the driver’s insurance is not enough to cover your costs? You might need to sue them for the rest. Talk to a rideshare accident lawyer about your lawsuit options.
Driver Mode Is “On” Before Accepting a Ride
Lyft and Uber have a primary liability coverage option. This insurance can apply in specific situations. They might cover an accident if the driver has the app turned on but has not yet accepted a ride. The primary liability coverage includes:
- Bodily injury liability: $50,000 per person, $100,000 per accident
- Property damage liability: $25,000 per accident
The policy might vary based on the city and state of the accident. Also, this coverage only applies if the driver’s personal insurance won’t cover the accident. Insurance companies dislike covering rideshare accidents. Your lawyer will need to investigate where to file your claim.
Driver Is Transporting a Passenger
Rideshare insurance applies when the driver has a passenger. Here, the insurance provides up to $1 million per accident. If the driver already has commercial insurance, that will apply first. Then, the company should cover the rest.
A $1 million policy seems excellent. However, the policy limit guarantees nothing. The company will fight to protect itself if you file a claim. The insurer will look for ways to reduce what it pays. Plus, you can rarely file a lawsuit against companies like Lyft and Uber.
You will need an experienced Uber or Lyft rideshare accident lawyer on your side. Your lawyer will know how to handle the complexities of these cases. They can determine where and how to seek compensation.
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Determining Fault After a Rideshare Accident
Georgia is a fault state. That means the negligent party in an accident must pay the costs. “Negligent” is a legal term for “careless.” After a rideshare accident in Marietta, you’ll need to determine who was at fault. The negligent party in your accident could be:
- The Uber or Lyft driver
- Another driver involved in the crash
- A maintenance company
- A manufacturer
Product defects or poor maintenance can sometimes cause accidents, but this is rare with a rideshare accident. The at-fault party is probably the rideshare driver or another motorist.
You usually cannot find Lyft or Uber “at fault” since their drivers are independent contractors. Since rideshare drivers are not employees, the company can avoid responsibility. But you might be able to file a claim with the company’s insurance.
A Marietta rideshare accident attorney can help you figure out who was at fault. From there, you will need to build your claim and prove your damages. Discuss the details during a FREE consultation with John Foy & Associates.
What to Do After a Ridesharing Accident in Marietta
The moments after your accident can be overwhelming. You might have painful injuries and not know what to do first at the scene of the car accident. Here are some tips on how to handle the situation.
After a ridesharing accident, you’ll want to document what you can. Think about what information you’ll need to show what happened.
Contact the Police
In Georgia, you must report a car accident if there are injuries, deaths, or over $500 in property damage. After your crash, call the Marietta police immediately. Responding officers should create an accident report that you’ll need for your case.
If you suspect the driver was negligent, mention it to the police. Also, be careful to avoid saying you don’t have injuries. If you’re not sure, just say, “I’m not sure.” You could have underlying injuries that haven’t shown up yet.
If you need emergency medical attention, call for an ambulance. Don’t wait to get help for severe or life-threatening injuries.
Document the Scene
Use your phone or a camera to take pictures of:
- Your injuries
- Any vehicle or property damage
- The entire accident scene
Picture evidence is beneficial after a ridesharing accident. It preserves the scene long after the crash happens. Photographs can help support your personal injury claim.
If there were any eyewitnesses, talk to them and ask what they saw. Get the names and contact information for witnesses. Your ridesharing accident lawyer will reach out for statements later.
Get Information from the Driver
If you were a ridesharing passenger, ask the driver for their:
- First and last name
- Contact information
- Insurance policy number
- Driver’s license number
You will need this information to file your personal injury claim. If you were another driver in the accident, exchange the above information.
Dealing With Insurance Companies
Be careful what you do and say after the accident. If the insurance company contacts you, decline to speak with them until you have a lawyer. The insurer can use even a seemingly innocent conversation against you.
Get medical attention as soon as possible. Even if you feel okay after the crash, see a doctor. Save all your medical records and bills. If you wait too long to do this, the insurance company can use it against you.
Rideshare insurance claims are not straightforward. To fight for what you deserve, talk to a lawyer about your options as soon as you’ve seen a doctor. Schedule a consultation with a rideshare lawyer in Marietta who has the right experience.
A Ridesharing Accident Lawyer Can Protect Your Legal Rights
After any car accident, you’ll need to protect your legal rights. If another driver was at fault, their insurance company will make the process complicated. It’s best to let a ridesharing accident lawyer handle the details.
Insurance companies will use whatever they can to pay you less. They care most about their bottom line—not your compensation. The insurer might use tactics like:
- Offering you a lowball settlement
- Downplaying your damages
- Doubting your injuries
- Using something you say against you
If the insurance company contacts you, get a lawyer before talking to them. Your attorney can handle all communication with the insurance company.
Speak With a Marietta Uber and Lyft Rideshare Accident Lawyer for Free Today
At John Foy & Associates, we have over 25 years of experience. We have been helping rideshare accident victims since ridesharing existed. As one of the largest and most respected firms in Georgia, we know what it takes to win.
Contact our Marietta rideshare accident lawyers today for a FREE, no-risk consultation. We do not charge you a dime unless we win you compensation. To get started for FREE today, call or contact us online.
404-400-4000 or complete a Free Case Evaluation form