according to a study reported on by Forbes. If you were injured in a collision caused by an Uber, Lyft, or another driver of a vehicle operating under a rideshare company, the insurance policy limits that you can pursue vary depending on a wide number of circumstances. These elements include the following:
- Was the rideshare driver at fault?;
- Was another driver partially at fault?;
- The specific rideshare company involved;
- Whether you were a passenger; and
- Whether you were a third party, such as another driver.
If the rideshare driver was only 60 percent at fault, for example, you will only be able to receive 60 percent of your damages from Uber or Lyft, while the remaining 40 percent will have to be pursued from the other at-fault party. For example, if an Uber driver blew through a red light and struck a car in the intersection, but that other driver was severely intoxicated, the Uber driver may only be held partially liable under the doctrine of comparative negligence.
Injured as a Passenger in Kansas City
As a passenger of Uber and Lyft, you are covered under a $1 million policy, according to Money. As such, you can file a personal injury claim against either company and max out that $1 million policy if your injuries are substantial. On the other hand, you still have the option of suing the driver directly, which could be an option if they have a large insurance policy themselves and you and your attorney believe it is a viable option. You do not, however, have the option of suing Uber or Lyft directly. In cases in which another driver caused the crash, you would first pursue compensation from that party. If their insurance policy cannot cover your damages, you may be able to be compensated from Uber or Lyft.
Injured as Another Driver, Occupant of Another Vehicle or Bicyclist
Injured third parties, such as those traveling in other vehicles, pedestrians, and cyclists, can file a claim with Uber or Lyft and are covered under their $1 million insurance policy, but only in the following circumstances:
- If the Uber or Lyft driver is on duty; and
- The Uber or Lyft driver currently has a passenger in the car.
As such, if the Uber or Lyft driver is using the car for their own personal needs, or they are on the way to pick up a passenger but do not have anyone in the vehicle yet, you will have to file your injury claim against the driver themselves, not with Uber or Lyft. In some cases, you can pursue compensation from Uber or Lyft in this case, but the policy limit is much lower than $1 million.
Call a Kansas City Personal Injury Lawyer Now
When dealing with a large company like Uber or Lyft, it can quickly become confusing regarding who owes you compensation, and who you should file a claim or lawsuit against. Moreover, these companies are represented by powerful insurance carriers with teams of lawyers at their disposal. You need an attorney to have any true chance of fair compensation. Call the Kansas City auto accident lawyers at Krause & Kinsman Law Firm today at 816-399-3356 to schedule a free consultation.
Adam Krause is a personal injury, mass tort, business litigation, and employment discrimination attorney who practices in Kansas City, Missouri. He graduated from the University of Missouri Kansas City School of Law and has been practicing law for several years now. Adam Krause has made a career of taking complicated litigation and presenting it in the most elementary terms for a jury of your peers to understand. Learn more about his experience here.