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Who Is Responsible in a Lyft or Uber Accident?

Who Is Responsible in a Lyft or Uber Accident?

May 2, 2019

When you need a ride, a few taps on a smartphone is all it takes to be on your way. People enjoy the ease and convenience of Uber and Lyft, which is why these rideshare services are so popular. However, if you are injured in a Lyft or Uber accident, figuring out who is responsible is not so simple.

Here are just a few of the issues that make these claims so complicated:

  • Drivers for rideshare companies are independent contractors. Therefore, like all Michigan vehicle owners, they are required to carry no-fault insurance.
  • In addition, Uber and Lyft provide a certain amount of liability insurance to cover Uber passengers injured in a crash. This coverage also applies to occupants of other vehicles that were involved in the accident.
  • This liability coverage varies according to whether a driver is transporting a passenger or waiting to accept a ride (“on duty”).
  • If an at-fault Uber driver was on duty but not transporting a passenger, Uber provides liability coverage up to $50,000 per person or $100,000 per incident for bodily injury or death, and $25,000 for property damage.
  • If the at-fault Uber driver was transporting passengers, the company provides up to $1 million in liability coverage.
  • Coverage also varies among Uber passengers, Uber drivers, injured occupants of a non-Uber vehicle, and pedestrians, bicyclists and motorcyclists.

Uber Accidents and Michigan No-Fault

Here are some general guidelines on what is covered and who is responsible in the event of a Lyft or Uber accident.

For Uber passengers

Injured passengers are covered through the personal injury protection (PIP) benefits provided by their own no-fault policy.

Passengers without no-fault policies would receive PIP benefits from the insurance policy covering the Uber or Lyft vehicle.

Compensation for pain and suffering, which is not included in PIP benefits, would come from the driver who caused the accident. Lyft and Uber also provide liability coverage for accidents where their drivers were at fault. 

For drivers and passengers of non-Uber vehicles

PIP benefits are paid through the injured person’s no-fault policy or that of the vehicle owner. Compensation for pain and suffering depends upon whether the Uber or Lyft driver was at fault. If so, the amount depends on whether the driver was waiting to accept a ride or transporting a passenger.

For Uber and Lyft drivers

Drivers who are injured in an accident receive PIP benefits through their own Michigan no-fault policy. Compensation for pain and suffering, in the instance the Uber driver was not at fault, depends on the liability coverage of the driver who caused the accident. 

For pedestrians, bicyclists and motorcyclists

If injured by a Lyft or Uber driver, these victims would be covered under their own no-fault policies (or those of their spouses or same-household relatives). If the victim doesn’t have no-fault coverage, benefits are paid through the insurance policies covering the vehicle(s) involved in the accident.

Pedestrians, bicyclists and motorcyclists are compensated for pain and suffering in much the same way as passengers and drivers injured by at-fault Uber drivers.

“Determining liability and compensation in the event of an Uber accident can be extremely complicated,” says Mark Bernstein of The Sam Bernstein Law Firm. “That’s why it is best to contact an experienced accident attorney as soon as possible, to ensure you receive the compensation you deserve.”

Michigan accident laws are complicated, but finding the right attorney is simple.

Call 1-800-CALL-SAM today for a free, no-obligation consultation.

Sources: 

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