Category: Rideshare Accident

Understanding Liability In Georgia Rideshare Accidents

Rideshare services like Uber and Lyft have changed the way people travel in Atlanta and throughout Georgia, but accidents involving these vehicles can create complex liability issues. Unlike traditional car accidents, where one or more drivers are responsible, rideshare accidents involve multiple parties, including rideshare companies, drivers, passengers, and other motorists. Determining who is liable depends on the circumstances of the accident and the status of the rideshare driver at the time of the crash

Georgia law recognizes that rideshare drivers are independent contractors, not employees, which can complicate liability claims. However, state and federal laws, including O.C.G.A. § 33-1-24, require rideshare companies to carry insurance that covers both their drivers and passengers under certain conditions. This insurance coverage plays a crucial role in determining who pays for damages after a rideshare accident.

Who Can Be Held Liable In A Rideshare Accident?

The Rideshare Driver

A rideshare driver can be held liable if their negligence caused the accident. This includes reckless driving, speeding, distracted driving, or failure to follow traffic laws. However, the driver’s insurance coverage depends on whether they were:

• Not logged into the rideshare app (Personal insurance applies).
• Logged in but not transporting a passenger (Limited rideshare coverage applies).
• Transporting a passenger or on the way to pick one up (Rideshare company’s full coverage applies).

The Rideshare Company (Uber Or Lyft)

Uber and Lyft provide $1 million in liability coverage under O.C.G.A. § 33-1-24, but they only assume responsibility when the driver is actively engaged in a ride. If a driver was off duty, Uber and Lyft may deny responsibility, leaving the injured party to seek compensation from the driver’s personal auto insurance.

Another Negligent Driver

If another driver was responsible for the crash, their insurance policy may cover medical expenses, lost wages, and property damage. In some cases, both the rideshare driver and another motorist may share liability, leading to multiple claims.

Government Entities Or Manufacturers

If a rideshare accident was caused by hazardous road conditions, a government agency responsible for road maintenance may be liable. Additionally, if a vehicle defect contributed to the crash, the car manufacturer may bear responsibility.

Georgia Rideshare Accident Claim FAQs

What Should I Do Immediately After A Rideshare Accident?

First, call 911 and seek medical attention, even if injuries seem minor. Then, gather evidence by taking photos of the accident scene, vehicle damage, and any visible injuries. Obtain contact information from the rideshare driver, other drivers, and witnesses. Finally, request a copy of the police report, as it will be essential for filing a claim.

Does Uber Or Lyft Automatically Cover Rideshare Accidents?

Not always. The rideshare company’s insurance coverage depends on whether the driver was actively working at the time of the accident. If the driver was off duty, their personal insurance applies. If they were transporting a passenger or en route to pick one up, Uber and Lyft’s $1 million liability policy may cover damages.

Can I Sue Uber Or Lyft Directly For A Rideshare Accident?

Rideshare companies typically avoid liability by classifying their drivers as independent contractors rather than employees. However, in some cases, victims may file a claim against Uber or Lyft if they failed to conduct proper background checks or allowed unsafe drivers to work under their platform.

What Compensation Can I Recover After A Rideshare Accident?

Victims of rideshare accidents may recover medical expenses, lost wages, pain and suffering, property damage, and rehabilitation costs. In cases of severe injury or wrongful death, families may be entitled to long-term financial compensation.

How Long Do I Have To File A Rideshare Accident Claim In Georgia?

Under O.C.G.A. § 9-3-33, the statute of limitations for filing a personal injury lawsuit in Georgia is two years from the date of the accident. Failing to file within this period may result in losing the right to compensation.

What If The Rideshare Driver Was Uninsured?

Uber and Lyft provide uninsured/underinsured motorist coverage, meaning victims can still recover damages even if the rideshare driver does not have adequate insurance.

Should I Hire An Attorney For A Rideshare Accident Claim?

Yes. Rideshare accident claims are complex, involving multiple insurance policies and legal challenges. A skilled personal injury attorney can negotiate with insurance companies and ensure maximum compensation for your injuries.

Call Our Atlanta Rideshare Accident Attorney For A Free Consultation

At Shani O. Brooks P.C., we understand the challenges victims face after a rideshare accident. Whether you were a passenger, a pedestrian, or another driver, we are prepared to fight for the compensation you deserve.

Contact our Atlanta rideshare accident attorney at Shani O. Brooks P.C. Attorneys at Law by calling 404-920-4736 to receive your free consultation. We proudly serve clients throughout Atlanta and the entire state of Georgia.

You may be entitled to substantial financial compensation when you have suffered an injury in a rideshare accident, whether you were a passenger in an Uber or Lyft or in another car. However, the prerequisite is to go through a legal process, which will involve one or more insurance companies. That legal process will usually involve filing a claim directly with the insurers, although you may be forced to file a lawsuit to be fully compensated.

Contact an Atlanta rideshare accident lawyer to discuss your case and learn the full extent of your legal options. They can advise when a lawsuit is the best option and know how to file it in civil court. It costs nothing for you to schedule an initial consultation, and you pay nothing unless your attorney wins your case.

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There Is Always an Insurance Company Involved in Your Case

Rideshare companies like Uber and Lyft have insurance providers, and so do individual drivers. If you have been injured in a rideshare accident, you will deal directly with one or more of these companies to seek financial compensation for your injuries. It is challenging to deal with one insurance company and even more difficult to juggle potential claims with several of them.

After your Uber or Lyft accident, your case will proceed like any other personal injury claim. You must decide whether to pursue insurance claims or file a lawsuit.

Many rideshare accident attorneys will advise you to begin with the claims process and deal directly with the insurance company to seek a settlement check. This route can be the quickest and most efficient pathway to financial compensation, but it is not always easy or successful. Anytime you are dealing with an insurance company, there will be challenges involved, as they often make things difficult for claimants.

Even after overcoming many obstacles, you still might never obtain a fair settlement offer from insurers without a lawsuit. This does not mean you should necessarily skip this step. Discuss the best path for your case with your rideshare accident attorney before taking action.

You May Have to File a Lawsuit

If the insurance company denies your claim or only makes inadequate settlement offers, you may be forced to file a lawsuit. Your rideshare accident lawyer will weigh your options with you, so you can make an informed decision whether to pursue a case in court.

When you file a lawsuit, your attorney demands the full compensation you deserve for your losses from the defendants. While the defendants are the liable parties, the insurance providers will defend against the lawsuit. This is because insurance companies have a duty to defend on behalf of their policyholders according to the language of most policies.

You are still dealing with the same insurance companies, but the stakes can be much higher in a lawsuit than an insurance claim, as the matter might go to trial. Filing a lawsuit signals that you mean business and will not back down until you get the full compensation you deserve for your losses.

How a Rideshare Accident Lawyer Can Help You

You should always hire a rideshare accident attorney as soon as possible after you have been hurt. First, your rideshare accident lawyer and help determine which driver was to blame for the accident and if there are additional liable parties, such as rideshare companies.

Second, your rideshare accident attorney can figure out which insurance coverages are available to pay for your injuries. For example, the driver might have purchased additional insurance to protect themselves above and beyond the standard policy. If the rideshare company shares liability, you can file a claim against its much more extensive policy.

Then, your rideshare accident lawyer will deal with the insurance company to negotiate a fair settlement. They will advise when you should not expect a favorable offer and it is time to proceed to the lawsuit stage.

Your Atlanta personal injury attorney can file a lawsuit in the proper civil court, following all procedures, meeting all deadlines, and making persuasive arguments in your favor based on all available evidence. This is certainly a process you never want to attempt without the right legal representation.

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