You might have been injured in an accident involving a rideshare driver. This can be either Lyft, Uber, or any other rideshare service. If you were injured badly enough that it has affected your quality of life (for example, you are unable to work or you can't enjoy going out with family or friends), then you might have a personal injury case against the rideshare driver or the company itself.
Can you sue a rideshare company if you were injured in an accident with one of their drivers? Yes, but it will depend on certain factors.
Do You Sue The Driver Or The Rideshare Company?
One of the first things to know is who exactly do you sue in your lawsuit? You might think that you will sue the driver because they were at fault for the accident. This is sometimes the case but is not always true. It will depend on the rideshare's own insurance policy and what exactly the driver was doing at the time of the accident in regards to the rideshare company.
This means, if the driver was not signed into the rideshare app at the time of the accident, the driver was considered "off the clock" and not working for the rideshare. If they then caused the accident when they weren't signed into the app, the driver's own insurance policy will be responsible for paying out a personal injury claim once you have proven the driver was at fault for the accident.
If the driver was signed into the app but between fares, or didn't have any passengers with them at the time of the accident, the rideshare's insurance policy won't cover all the damages caused in the accident by that driver. It will only cover a certain amount in liability coverage. Instead, the driver's own insurance policy will again cover any lawsuit claims if proven the driver caused the accident.
If the driver had a passenger or you were the passenger in the car during the accident, then the rideshare company's insurance policy is responsible for the damages caused. This is when you are able to sue the rideshare company itself and not only the driver.
How To Prove The Rideshare Driver's Status As Working
You can prove the rideshare driver's status as either working or off the clock by finding out if they were signed into the app and had a fare or not. This can be done through your personal injury lawyer who can request those records from the company itself. This can then be shown in court.
Also, if the rideshare driver had a passenger at the site and time of the accident, they can be a witness to the accident and help prove your case. If you were the passenger, you can also act as a witness, plus you have your own app to prove you ordered the car and who the driver of the car was at the time of the accident.
If you need help after a car accident, contact a personal injury attorney near you.