In some injury claims, it becomes necessary to file a lawsuit against Uber, Lyft, or other potentially liable parties.
Litigation might be necessary for your claim if the:
- Insurance policies are inadequate
- Insurance company fails to pay
- Ridesharing company acted irresponsibly
A business is much more likely to be held legally accountable for an employee’s acts than the acts of an independent contractor. Uber and Lyft naturally attempt to distance themselves as much as they can from any accident liability by treating drivers as independent contractors.
Suppose you were a passenger in an Uber or Lyft rideshare vehicle or in another vehicle that crashed in a collision that a rideshare driver caused. In that case, you will likely be limited to the rideshare companies’ liability insurance coverage or its uninsured motorist (UIM) coverage.
Historically, Georgia law has honored the independent contractor defense in regards to ridesharing accidents, thus protecting companies like Uber and Lyft from direct responsibility for motor vehicle accidents. Depending on the circumstances, Individuals injured in these collisions might have a cause of action against the driver, and the driver’s insurance, up to and including the commercial and UIM coverage provided by Uber and Lyft. Even still, the ridesharing companies themselves are generally safe behind the independent contractor defense.
When you hire a Gwinnett County rideshare accident attorney from Brauns Law Accident Injury Lawyers, PC to represent you after a rideshare accident, they will help you determine your next steps. Before jumping directly to litigation, they will attempt to negotiate a full and fair settlement with all potentially liable parties. If the liable parties are unwilling to offer you such a settlement, you can decide if you want to take your claim to court or not. If litigation becomes necessary, our team of experienced trial lawyers is always ready.
