SAN FRANCISCO’S NUMBER 1 LYFT ACCIDENT LAWYERS
Would you rather hire a lawyer that’s a so-called Jack-of-all-Trades, or one that’s King of the Hill?
Were You Injured in an Lyft Accident in San Francisco?
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Involved in an Lyft Accident in San Francisco?
Lyft accidents are becoming increasingly common as the ride-sharing industry continues to flourish. Expecting this growth, the California Public Utilities Commission or “CPUC” established rules that all Transportation Network Providers (“TNP’s”), including Lyft, must abide by, including a $1 million dollar per incident insurance minimum during the Lyft ride when a passenger is in the Lyft vehicle.
Unsurprisingly Lyft accidents involve many parties, and thus prosecuting Lyft lawsuits required special knowledge of the multiple commercial and personal auto insurance policies at issue. In San Francisco, Lyft is mandated by California state law to carry minimum commercial insurance coverage for the purpose of protecting the Lyft driver, Lyft passenger, and potential pedestrians and third parties involved in Lyft accidents. The insurance policy that may apply to you will depend on the stage of the ride at which the accident occurred. Applying the wrong insurance policy, as have been the case in prior claims where the lawyer was not aware of the periods, will significantly damage your case. These legal obstacles that you must navigate in filing your lawsuit against Lyft in California is exactly why you need a San Francisco Lyft lawyer who is experienced in Lyft lawsuits.
Whether you were hurt in a Lyft in San Francisco as a Lyft driver or passenger, you certainly may proceed to seek compensation from a third-party at-fault driver’s insurance policy. If the driver’s insurance policy does not cover your damages, i.e. pain and suffering, medical cost reimbursement, and wage loss, then you may seek coverage from Lyft’s commercial insurer for the remaining portion of damages as UIM/UM (Uninsured Motorist/Uninsured Motorist) coverage, depending on the stage of the Lyft ride. Further, if you were the Lyft driver in an accident in San Francisco, you may seek compensation firstly from the at-fault driver’s personal auto insurance, then seek UIM/UM coverage from Lyft’s commercial insurance policy (it is important to remember limits vary depending on the period in which the accident occurred; also, no UIM/UM coverage applies during Period 1 when the app is on and a passenger hasn’t matched with a Lyft driver).
An experienced San Francisco Lyft Lawyer is prepared to speak to you regarding your Lyft car accident. Please make sure you have a few things available before your consultation: A copy of the police report, any medical records, screenshots of information concerning your Lyft crash, pictures you may have taken from the accident, and the Terms of Service contained in your Lyft app.
Can I seek compensation from Lyft for my Accident in San Francisco?
Regardless of the at-fault party, you can seek coverage from Lyft’s commercial insurer after seeking coverage from the at-fault driver’s personal insurance, assuming you were not a Lyft driver unpaired with a passenger at the time of the accident. And if you were an Lyft passenger and you sustained an injury during your Lyft ride, you can seek coverage from California’s mandated insurance policy with $1 million dollar minimum coverage.
Now, if you were hit or injured by a Lyft car while inside another car or as a pedestrian, you are still given the legal right to bring a case against Lyft, while seeking the maximum extent of compensation from other insurance coverages. It is imperative for your case to speak to an experienced Lyft lawyer who can address the unique facts of your case in order to optimize your potential legal recovery.
As a Passenger in a Lyft Accident in San Francisco
In the event that your Lyft lawyer can prove that the Lyft driver was negligent in the accident, you may file a lawsuit against the Lyft driver personally, Lyft, and Lyft’s commercial insurance company for your damages. It commonly may not be difficult to prove liability in a Lyft accident lawsuit because Lyft drivers are many times distracted checking the app’s interface while they are supposed to keep lookout for other cars on the road.
Under California law, under CPUC § 5431, a “TNC” or Transportation Network Company, including Lyft, is required to carry commercial insurance in the event that a passenger or driver is injured in the course of a ride. For the passenger in the Lyft, a compulsory primary policy of $1 million is available to cover sustained injuries and associated damages.
Lastly, it may be in your best interest to file a claim against a third party driver’s insurer, if your San Francisco Lyft lawyer determines that the third party driver was at-fault in the accident. Still, Lyft’s commercial policy is in place if the driver’s insurance coverage does not adequately cover your damages resulting from the accident, again depending on the period of the Lyft ride that the accident occurred.
As a Lyft Driver in a Lyft Accident
Regardless of whether you are deemed an employee or independent contractor under the law, California has put in place insurance protections if you are in an accident. CPUC § 5431 requires Lyft to carry insurance that covers your damages in an accident even if there is no passenger in the vehicle, as long as the Lyft app is open and a ride is not matched, of at least $100,000 of bodily injury liability per accident, $50,000 bodily injury coverage per person hurt in an accident, and $30,000 of property damage per accident. Also, during that period, Lyft is required to carry additional liability coverage of $200,000 extra liability coverage in California. Additionally during that insurance period in California, comprehension and collision coverage coverage is not applicable.
If a ride has not been matched, and the Lyft app is off, then your coverage would be limited to California’s minimum insurance requirements, which is $30,000 bodily injury per accident, $15,000 bodily injury per person injured, and $5,000 property damage per accident. Lyft’s UM/UIM coverage would not be available if those limits were exhausted.
If you are a San Francisco Lyft driver that is injured during the transport of a passenger, then you can seek coverage from Lyft’s liability insurance coverage of $1 million per accident with UIM/UM coverage of $1 million per accident. Comprehension and collision coverage is available as well, but only for California Lyft drivers that have comprehension and collision coverage on their personal policy. Lastly, there is a $1,000 deductible for comprehensive and collision repairs on the Lyft vehicle.
Can I Sue the Lyft Driver for my Lyft Accident in San Francisco?
If the negligence of your Lyft driver was the cause of your accident, then you may bring a claim against her/him personally as well as their personal automobile insurer. Additionally, you may bring a claim against Lyft and Lyft’s commercial insurer, which in California would be either Allstate, Esurance, GEICO, State Farm, Farmers Insurance, Mercury Insurance or USAA.
If you were a third party driver or passenger hit by a Lyft in San Francisco, then you may seek damages in a lawsuit against the Lyft driver and Lyft for compensation . If an accident occurs, it is important that after seeking medical assistance, you request both the Lyft driver’s personal motor vehicle information and insurance as well as their ride-sharing information contained in their Lyft app.
Can I Sue a Third Party Driver as a Passenger in a Lyft?
If your injuries in a Lyft accident were due to the negligence of a third party driver in San Francisco, you have the legal right to bring a claim against the at-fault driver. California requires that each driver on the road carry personal automobile insurance. Thus, you would theoretically be covered by that driver’s personal insurance. If that coverage is too limited, Lyft’s insurance coverage kicks in to cover the remaining portion of your damages.
It is vital to know which drivers are at-fault in your Lyft accident so that you can receive compensation expeditiously by dealing with their insurance companies at the outset of your accident case. Get in touch with a San Francisco Lyft lawyer right away to figure out which parties to file a claim against.
Can I Sue Lyft as a Lyft Passenger?
Although you must prepare yourself for a battle of whether the Lyft driver was an employee of Lyft (the law is still a grey area in California as well as the rest of the country), you may bring a claim against Lyft if the driver was negligent in the operation of the Lyft vehicle, proximately leading to your injuries.
What Should I Do If I was in a Lyft Accident in San Francisco?
Call 911 and immediately seek medical attention. If you are the Lyft driver, always check if the passengers in the car need medical assistance. Never let the driver of another vehicle talk you out of calling the police. Having a police report is essential in recovering just compensation. The police report will typically include details of the car accident, including statements from the Lyft driver and other witnesses.
If possible, request the other driver’s license and insurance information. Screenshot your Lyft information in the app.
If possible, stand in a safe area away from traffic and photograph the vehicles before they are moved as well as the immediate vicinity to accumulate evidence in your potential claim.
After you have dealt with the police, if you were not taken to the hospital already, it is important to be seen by a doctor to examine yourself and document your injuries. Your medical records will be requested by a Lyft lawyer to document and your condition and substantiate your claim for your Lyft accident.
I am a Pedestrian Hit by a Lyft in San Francisco. Can I Sue Lyft?
Being hit as a pedestrian by a Lyft vehicle typically carries the highest damages in the ride-sharing auto accident context. California has legislated pedestrian favorable laws to protect pedestrians from negligent drivers, including Lyft drivers.
California Vehicle Code 21950 mandates that California driver must yield to pedestrians crossing a roadway within any marked or unmarked crosswalk. That law carries a lot of weight in court, putting Lyft and the Lyft driver at-fault, even if you failed to look both ways before crossing the crosswalk or simply weren’t paying attention while crossing the street.
If you were struck by a Lyft car on the street or sidewalk, chances are that your injuries were substantial. That makes it even more important to your future wellbeing to retain an attorney that normally deals with ride-sharing law. Contact the Lyft Lawyer to properly evaluate your claim even before Lyft’s insurance company can try steering you away from receiving adequate compensation. Being hit by a Lyft car in San Francisco was not your fault. You deserve nothing less than the maximum compensation in your claim.
Does California’s Comparative Negligence System Affect My Lyft Settlement?
In San Francisco and the rest of California, courts use modified comparative negligence in injury lawsuits. This essentially means that your settlement or verdict is lessened by the percentage that you were at fault for the accident. Moreover, this can mean as an injured passenger in a Lyft, that you have your Lyft driver and the driver of another vehicle that is partially at fault. Call a Lyft lawyer in San Francisco to evaluate whether your injury claim against Lyft may be reduced, if at all.
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How does Lyft’s Insurance Work in a Lyft Accident?
Lyft Law in California – CPUC § 5433
California’s Transportation Network Companies (“TNC”) Act mandates out varying amounts of insurance liability coverage depending on the period of the Lyft ride. The first period ranges from the moment that a Lyft driver matches with a passenger until the driver completes the transaction or until the Lyft ride is complete, whichever is later. The coverage requirement is $1 million primary liability insurance that covers death, personal injury, and property damage.
The second period begins when a Lyft driver logs on to the Lyft app until the driver matched with a Lyft passenger, as well as the period from when the driver completes a transaction or the ride is complete, whichever is later, until the driver either matches with another passenger or logs off the Lyft app. The coverage requirements are primary and in the amount of at least $50,000 for death and personal injury per person, $100,000 for death and personal injury per incident, and $30,000 for property damage.
Lyft also provides for uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage in the amount of $1,000,000 for the period that a passenger enters the Lyft driver until the passenger exits the Lyft.
As a Passenger, Am I Insured in a Lyft Accident?
Given that you may be injured in a Lyft accident as a passenger in San Francisco, California law requires that Lyft must maintain a minimum of $1 million liability insurance coverage . Whether a Lyft driver or a third party driver was negligent leading to your accident, you can tap into Lyft’s insurance coverage, assuming that the personal auto insurance of the at-fault driver is not sufficient to cover your damages.
I was hurt in a Lyft car accident in San Francisco. Can I file a claim against Lyft?
If you are injured in a Lyft accident in San Francisco, your lawsuit will require some knowledge of the ride-sharing regulations that were put into place in California. Using these laws and the electronically available information that can be requested from Lyft in a lawsuit, you will be closer to initiating a successful prosecution against Lyft for your injuries. In order to receive a maximum settlement, it is vital to speak to a Lyft lawyer in San Francisco to determine what insurance policies should be sought after and what are the damages stemming from your case.
When filing a lawsuit in California for a Lyft accident, it is important to note the following potential damage categories: a.) economic damages, i.e. anything that you have expended out of pocket included medical bills, lost wages, property loss, etc.; b.) noneconomic damages, i.e. pain and suffering, disfigurement, loss of consortium, etc.; and c.) punitive damages, if applicable. In order to get to the pain and suffering damages, you must prove the standard of egregious conduct by the Defendant Lyft driver. This can be done by a Lyft lawyer by reviewing the facts of your case, including the Lyft driver’s GPS data, including speed, time, and the place of accident, witness depositions, and photographs from the police department or towing service. Contact a San Francisco Lyft lawyer to review your Lyft accident and advise you free of charge.
A Lyft car accident in San Francisco caused the death of someone. What damages are available in a wrongful death lawsuit?
The death of someone close to you changes your life forever. Getting represented by a Lyft lawyer is probably the last thing on your mind. At The Uber Lawyer, we understand that you are undergoing a grieving process; we do our best not only to be compassionate attorneys but also additionally helpful by taking the weight of a lawsuit off your shoulders. Meanwhile, we will fight until you and your family have received adequate compensation for the loss of your loved one. We do not take a fee until we successfully win an award for your wrongful death lawsuit.
In California, damages available in a wrongful death lawsuit in a Lyft accident include economic damages, including the costs of a funeral and burial, loss of financial support, loss of gifts and benefits that the heirs would have otherwise received,, and noneconomic damages, including protection, affection, society and companionship, moral support, and sexual relations. Punitive damages are unavailable in a California wrongful death action but are available in a survival action on behalf of the decedent’s estate, where the heirs are suing on behalf of the decedent’s estate.
What is Lyft’s insurance for a passenger in a San Francisco Lyft accident?
California has codified the applicable insurance coverage in its Transportation Network Companies Act.
Period 1 (App open/Ride not matched) – $50K/$100K primary liability & $200K excess liability
Period 2 (App open/Ride matched/No Passenger) – $1 million primary liability/$1 million UM/UIM coverage (driver)
Period 3 – (App open/Passenger in Lyft) – $1 million primary liability/$1 million UM/UIM coverage (driver & non-user passenger)
What are California’s Safety Requirements for Lyft?
In San Francisco, the year of the Lyft vehicle must be at least a 2004 car, compared to other cities in California, requiring at least a 2002 car. Each year, the Lyft car must undergo an inspection by a licensed mechanic.
California mandates a zero-tolerance policy in regard to the use of drugs or alcohol by Lyft drivers during their rides..
Have Your Case Reviewed Now
If you have been injured in a San Francisco Lyft accident, contact The Uber Lawyer right now to get the maximum settlement/award for your injuries, including pain and suffering, medical expenses, wage loss, and more. Do not let Lyft’s insurance company trick you into signing away your rights in a settlement that is typically much less than you would get with an experienced Lyft lawyer. Also, don’t go to a “cafeteria-style” practice lawyer for your San Francisco Lyft accident; get represented by the lawyers that deal with Lyft day in/day out. Here at the Uber Lawyer™ we pride ourselves in dedicating ourselves to Uber and Lyft accidents and assaults.
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