Have you been injured? you may have a case. GET A FREE CONSULTATION

What to do after an Uber or Lyft accident

February 18, 2019 by Steven M. Gursten

What to do after an Uber or Lyft accident: Attorney Steve Gursten gives advice for No-Fault benefits, pain and suffering compensation

Today, I want to talk about my advice for what to do after an Uber or Lyft accident.

The first 8 steps victims should take after an Uber or Lyft accident are the following:

  1. Seek medical treatment now and if you experience new symptoms later
  2. Report ALL injuries to first responders and emergency room personnel
  3. Never give statements to an insurance adjuster or sign a release
  4. Notify your insurance company immediately and file an application for benefits
  5. Obtain a copy of your police report
  6. Attend all medical appointments
  7. Keep good records
  8. Check your auto insurance policy for very specific notice requirements

Those are also the steps that all car accident victims should take.

However, a car accident involving an Uber or Lyft vehicle is going to be different from a normal car accident involving two cars owned by drivers.

Here are some of the pressing questions that will be on people’s minds after they’ve been injured in a crash involving an Uber or Lyft – either one they are riding in as a passenger or one that someone else is driving:

  • Who’s going to pay for the medical care and treatment I will need to recover from injuries?
  • Who’s going to pay for my lost wages if my injuries prevent me from returning to work?
  • Who’s going to pay for my pain and suffering, resulting from the injuries and impairments I suffered in the crash?

The answers to these questions will change depending on whether the car involved in the accident is an Uber or Lyft or not, and it will depend on who’s asking the questions.

The rules for Michigan auto No-Fault benefits and pain and suffering compensation after an Uber or Lyft crash are different for each of these types of victims:

  • An Uber of Lyft passenger
  • A driver or occupant of a non-Uber or non-Lyft vehicle
  • A pedestrian or a bicyclist or a motorcyclist
  • The Uber or Lyft driver

Below I will discuss what Uber or Lyft accident victims in these situations need to know about their legal rights under Michigan’s No-Fault law and how to receive compensation after a crash.

What to do after an Uber or Lyft accident . . . if you’re an Uber or Lyft passenger 

An injured Uber or Lyft passenger will generally receive No-Fault benefits (such as payment of medical expenses and lost wages) through his or her own No-Fault auto insurance policy or that of a spouse or resident relative.

If, however, the injured Uber or Lyft passenger has no other source of benefits, then he or she will receive No-Fault benefits from the auto insurance company that covers the Uber or Lyft vehicle. (MCL 500.3114(2))

Pain and suffering compensation will come from the at-fault driver who caused the accident – whether that’s the Uber driver or another driver.

If the Uber or Lyft driver was at-fault, then he or she has liability coverage for at least $1 million in damages. (MCL 257.518b(1)(b)(i); 257.2123(3)(a))

If another driver was at-fault, then an injured Uber or Lyft passenger’s pain and suffering recovery will be limited to that driver’s liability policy limit.

However, if the non-Uber or non-Lyft at-fault driver was uninsured and/or underinsured, then Uber or Lyft will provide the passenger UM/UIM coverage up to $1 million. (Sources: Uber website insurance page; Lyft website insurance page)

What to do after an Uber or Lyft accident . . . if you’re the driver or occupant of a non-Uber or non-Lyft vehicle

If you’re the driver or occupant of a non-Uber or non-Lyft vehicle and you’re injured in a crash caused by an at-fault Uber or Lyft driver, then your No-Fault benefits will come through your own policy or that of your spouse or resident relative. And if you’re a vehicle occupant and no coverage is available through any of those sources, then you’ll seek benefits from either the vehicle’s owner and/or its driver. (MCL 500.3114(1) and (4))

Your claim for pain and suffering compensation from the at-fault Uber or Lyft driver will be affected by whether the Uber or Lyft driver was on-duty or transporting a passenger at the time of the crash.

If the at-fault Uber or Lyft driver was on-duty, but not transporting a passenger, then the recovery limit under his or her liability policy will be $50,000 per person for death or bodily injury or $100,000 per incident for death or bodily injury. (MCL 257.518b(1)(a)(i); 257.2123(2)(a))

However, if the at-fault Uber or Lyft driver was actually transporting an Uber or Lyft passenger at the time of the crash, the recovery limit under his or her liability policy will be $1 million. (MCL 257.518b(1)(b)(i); 257.2123(3)(a))

What to do after an Uber or Lyft accident . . . if you’re a pedestrian, bicyclist or motorcyclist

If you’re a pedestrian, a bicyclist or a motorcyclist and you’re injured in a crash caused by an at-fault Uber or Lyft driver, then your No-Fault benefits will come through your own No-Fault auto insurance policy or that of your spouse or resident relative.

If, however, no coverage is available through any of those sources, then you will seek benefits from either the owners and/or the drivers of the vehicles involved in the accident, including the owner and/or driver of the at-fault Uber or Lyft vehicle. (MCL 500.3115(1))

Your claim for pain and suffering compensation from the at-fault Uber or Lyft driver will be affected by whether the Uber or Lyft driver was on-duty or transporting a passenger at the time of the crash.

If the at-fault Uber or Lyft driver was on-duty, but not transporting a passenger, then the recovery limit under his or her liability policy will be $50,000 per person for death or bodily injury or $100,000 per incident for death or bodily injury. (MCL 257.518b(1)(a)(i); 257.2123(2)(a))

However, if the at-fault Uber or Lyft driver was actually transporting an Uber or Lyft passenger at the time of the crash, the recovery limit under his or her liability policy will be $1 million. (MCL 257.518b(1)(b)(i); 257.2123(3)(a))

What to do after an Uber or Lyft accident . . . if you’re an Uber or Lyft driver 

If you’re an Uber or Lyft driver and you’re injured in a crash – whether it’s your fault or someone else’s – you are entitled to collect No-Fault PIP benefits to cover medical expenses and lost wages. This rule also applies whether you’re on-duty or whether you’re actually transporting an Uber or Lyft passenger. (MCL 257.518b(1)(a)(ii); 257.2123(2)(b); 257.518b(1)(b)(ii); 257.2123(3)(b))

If you were not at-fault in causing the crash that resulted in your injuries, then your pain and suffering compensation recovery will depend on the liability limits of the at-fault driver who caused the crash.

However, if at-fault driver was uninsured and/or underinsured – and if, and only if, you were transporting an Uber or Lyft passenger at the time of the crash, then Uber’s and Lyft’s uninsured/underinsured motorist coverage will provide you up to $1 million in coverage. (Sources: Uber website insurance page; Lyft website insurance page)

If you were at-fault in causing a crash while driving for Uber or Lyft, then you will have up to $50,000 in liability coverage (if you were on-duty, but not transporting an Uber passenger) or $1 million in liability coverage (if you were transporting an Uber passenger) to pay compensation anyone who was injured. (Sources: On-duty (MCL 257.518b(1)(a)(i); 257.2123(2)(a)); Transporting an Uber or Lyft passenger (MCL 257.518b(1)(b)(i); 257.2123(3)(a))

What to do after an Uber or Lyft accident

[Community Guidelines]

Related Posts
Hit and Run Michigan Car Accidents: 7 Facts To Know | Michigan Auto Law
Hit and Run Michigan Car Accidents: 7 Facts to Know
October 31, 2019
DOT Pre-Trip Inspection: When It Only Takes 2 Minutes
DOT Pre-Trip Inspection: When It Only Takes 2 Minutes
October 24, 2019
FMCSA DOT Tire Regulations Guide | Michigan Auto Law
FMCSA DOT Tire Regulations Guide
October 17, 2019
103 Shares
Share
Tweet
Share
Pin
Email