Serving clients in Fayetteville and all of NW Arkansas
When you get in a car with someone, their driving skills and decisions can affect your life and safety. Uber and Lyft drivers are supposed to be a safe alternative to taking public transportation or driving after drinking, but they could also be responsible for causing the kinds of accidents and unsafe situations you try to avoid behind the wheel.
If you were injured in an accident while riding as a passenger in an Uber or Lyft, or if you were hit by an Uber or Lyft, contact an attorney immediately. Fayetteville Uber and Lyft accident lawyer Ken Kieklak represents the victims of serious car accident injuries and fights to get them compensation for their medical expenses, lost wages, and pain and suffering. For help with your case, contact Ken Kieklak, Attorney at Law, today to schedule a free consultation. Our number is (479) 439-1843.
Can You Sue Uber or Lyft After an Accident?
When you are involved in a car accident, you can usually sue the driver who is at fault for the accident. In some cases, you may also be able to take the driver’s employer to court to pay for the damages you faced; this is common in taxi accident and commercial vehicle cases. There are two problems with Uber and Lyft accident cases that might prevent you from suing the rideshare company for the accident, but these problems do not stop you from being able to get compensation.
The first problem is no-fault insurance. No-fault insurance may prevent you from suing after a car accident and, instead, pay you damages regardless of who was at fault for the crash. Arkansas is an at-fault state, which means that you can typically sue for injuries after a car accident. However, Arkansas allows no-fault add-on policies, which add no-fault personal injury protection (PIP) coverage to your policy. If your policy has no-fault coverage, you might be barred from suing.
The second problem with suing Uber or Lyft is that the driver does not work for these companies, and they cannot typically be joined in lawsuits as the driver’s employer. Arkansas’ vicarious liability rules only allow you to hold an employer responsible for their employee’s negligence. Since Uber and Lyft drivers are technically self-employed, these companies are not their employers and cannot be made to answer for the driver’s errors.
Just because you cannot sue Uber or Lyft does not mean you cannot sue at all. Typically, the driver must carry their own auto insurance, plus Uber and Lyft both cover their drivers with insurance policies. This usually means that there are plenty of funds available to pay for your injuries even if you cannot sue Uber or Lyft directly.
How Much Do Uber and Lyft Pay for Car Accidents?
Uber and Lyft each provide their drivers with a “million-dollar insurance policy.” These policies cover the driver and passengers as well as any other victims of the accident. That means that you might be entitled to compensation and coverage for your damages whether you were the Uber driver, a passenger in the Uber, or another driver or pedestrian injured by a negligent Uber driver.
The coverage under these policies kicks in depending on when the accident took place:
- When the Uber or Lyft driver is not actively using their app and is driving on their own, they are treated like any other driver, and their own insurance policy covers their accidents.
- When the driver is using the app but has not accepted any rides yet, a second insurance policy will supplement their insurance policy if they cannot afford the damages.
- The million-dollar insurance policy is used from the time the driver accepts a ride to the time the driver drops off the passenger, whether they have a passenger in their car or not.
The supplemental coverage for accidents without passengers is higher than Arkansas’ minimum insurance requirement. This policy covers up to $50,000 per person for injury, $100,000 per accident for injury, and $25,000 per accident for property damage. Contrast this with the minimum Arkansas insurance requirements of $25,000 per person, $50,000 per accident, and $25,000 for property damage. Both Uber and Lyft have policies like this.
The million-dollar insurance policy covers “at least $1,000,000 per accident,” according to Uber’s website. The Lyft policy is similar, with a “$1,000,000 per accident limit.” Uber’s website states that its insurance policy will be the primary insurance policy, whereas Lyft’s policy may still use the driver’s policy as the primary policy and cover only the overages.
Arkansas Uber Accident and Lyft Accident Lawyers Offering Free Consultations
If you or a loved one was injured in a car accident while riding as a passenger in an Uber or Lyft, as a pedestrian or another driver struck by an Uber or Lyft, or as an Uber/Lyft driver, talk to a personal injury lawyer about filing a lawsuit for your injuries. Fayetteville Uber and Lyft accident lawyer Ken Kieklak may be able to take your case and fight to get you compensation for your medical expenses, lost wages, and pain and suffering. To schedule a free legal consultation, call Ken Kieklak, Attorney at Law, today at (479) 439-1843.
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