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

Lyft Accident in Michigan: What You Need To Know

May 5, 2020 by Steven M. Gursten

Lyft Accident in Michigan: What You Need To Know

The chances of being involved in a Lyft accident in Michigan is greater than ever as more people use and rely on Lyft and other app-based ride-sharing services as an alternative form of transportation. This blog will review for both Lyft riders and for Lyft drivers what their legal rights are under our auto No-Fault law so they can recover No-Fault insurance benefits, as well as how they can sue for injuries and legal compensation if they are injured because of another driver.

I Was In A Lyft Accident, Now What?

If you’re injured in a Lyft accident in Michigan, you should always seek medical attention immediately. In order to recover your Michigan auto No-Fault insurance benefits which will pay for your medical bills and lost wages, you must file an application for No-Fault benefits with your auto insurance company.

You should also talk to an experienced auto accident lawyer about who is going to pay for your No-Fault benefits. An attorney can also tell you what you can do if you’ve been injured due to the negligence of another driver while you were riding in or driving a Lyft vehicle.

Anyone involved in a Lyft accident should also take the following steps:

  • Report all of your injuries to the police, EMTs on the scene and emergency room personnel
  • Notify your insurance company immediately and file an application for benefits
  • Obtain a copy of your police report
  • Attend all medical appointments
  • Keep good records
  • Check your auto insurance policy for very specific notice requirements

Lyft Driver Rights

A Lyft driver who is driving his or her own “personal vehicle” and is injured in a Lyft accident in Michigan (while on-call for Lyft or while transporting an Lyft passenger) will receive No-Fault benefits to cover medical expenses and lost wages through the auto insurance company that covers the vehicle. (MCL 500.3114(2) and (9))

Additionally, a Lyft driver can seek pain and suffering compensation from the at-fault driver’s insurance company and the insurance company for the owner of the at-fault vehicle, if the owner and driver are two different people.

Importantly, if a Lyft driver’s personal auto insurance policy covering his or her vehicle contains a “business-use” or “commercial-use” exclusion, then all coverage under the policy may voided. (See MCL 500.2118(2)(f)(The “underwriting rules that an insurer may establish for automobile insurance” may take into consideration the “[u]se of a vehicle insured or to be insured for transportation of passengers for hire, for rental purposes, or for commercial purposes.”)

Similarly, an auto insurance company “insuring a personal vehicle” may exclude coverage for the following if the insured uses the personal vehicle to drive for Lyft: No-Fault PIP benefits (medical and lost wages); liability; uninsured motorist; underinsured motorist; comprehensive; and collision. (MCL 500.3017(1))

Lyft Passenger Rights

Many people ride in Lyft and other rideshare vehicles because they don’t own a car. This will not preclude you from receiving Michigan No-Fault benefits. The good news is that any passenger injured in a Lyft accident in Michigan will receive No-Fault benefits, whether you own a car and have your own auto insurance, or whether you are riding in a Lyft vehicle because you are uninsured and do not own a car of your own.

To receive No-Fault insurance, there is an order of priorities that must be followed under Michigan’s auto law. This order of priorities will find the insurance company in the highest order of priority to cover your medical expenses and lost wages and other PIP benefits. This is the auto No-Fault order of priority from highest priority on down in descending order if you’ve been injured in a Lyft accident:

  • A Lyft passenger’s own auto insurance policy (in which he or she is the “named insured”)
  • A Lyft passenger’s spouse’s auto insurance policy
  • The auto insurance policy of a relative who lives with the Lyft passenger
  • The Lyft passenger will receive No-Fault benefits “from the insurer” that covers the Lyft vehicle if coverage is not available through any other source or “under any other policy” (See MCL 500.3114(1) and (2)(g))

It is important to know that a Lyft passenger’s No-Fault PIP medical benefits will be limited by whatever coverage level was selected in the policy under which he or she is claiming No-Fault benefits. (MCL 500.3107c(5))

The coverage levels that will become available for all drivers – including Lyft drivers – in policies issued or renewed after July 1, 2020, include: (1) $50,000 for drivers on Medicaid; (2) $250,000; (3) $500,000; and (4) unlimited. (MCL 500.3107c(1)(a)) Significantly, if Lyft is the “named insured” on a policy, then the only coverage levels available are $250,000, $500,000 and unlimited. (MCL 500.3107c(7))

Lyft passengers can also file a lawsuit for pain and suffering compensation against the at-fault driver who caused the crash – whether it was the Lyft driver or a driver of another vehicle who causes the crash.

Lyft Accident Liability Coverage Explained

If you were injured in a Lyft accident caused by at-fault Lyft driver, then his or her liability insurance coverage for your pain and suffering compensation – as well as any “excess” or future medical bills and lost wages and other economic damages – is as follows:

  • If the Lyft driver was on-call and was available to transport passengers, then the Lyft driver has liability coverage “at least $50,000.00 per person for death or bodily injury, $100,000.00 per incident for death or bodily injury.” (MCL 257.518b(1)(a)(i); 257.2123(2)(a))
  • If the Lyft driver was actually transporting a Lyft passenger, then Lyft’s liability “for all bodily injury” will be “a minimum combined single limit” of $1 million. (MCL 257.518b(1)(b)(i); 257.2123(3)(a))

Rights Of Non-Lyft Drivers And Passengers After A Lyft Accident

If you’re the driver or occupant of a non-Lyft vehicle and you’re injured in a crash caused by an at-fault Lyft driver, then you will receive No-Fault benefits through your own policy (in which you’re the “named insured”) or through your spouse’s policy or the policy of a relative who lives with you. (MCL 500.3114(1)) However, if no coverage is available through any of those sources, then you will file a claim for No-Fault benefits with the Michigan Assigned Claims Plan, which will assign an auto insurance company to handle your claim. (MCL 500.3114(4))

Importantly, your No-Fault PIP medical benefits will be limited by whatever coverage level was selected in the policy under which you are claiming No-Fault benefits. (MCL 500.3107c(5)) And, if you claim benefits through the Michigan Assigned Claims Plan, then your coverage will limited to $250,000. (MCL 500.3172(7)(a))

Additionally, you can sue the at-fault driver who caused the Lyft accident for pain and suffering compensation as well as well as any “excess” or future medical bills and lost wages and other economic damages.

Right Of Pedestrians And Bicyclists After A Lyft Accident

If you’re a pedestrian or a bicyclist and you’re injured in a crash caused by an at-fault Lyft driver, then you will receive No-Fault benefits through your own policy (in which you’re the “named insured”) or through your spouse’s policy or the policy of a relative who lives with you. (MCL 500.3114(1)

However, if no coverage is available through any of those sources, then you will file a claim for No-Fault benefits with the Michigan Assigned Claims Plan, which will assign an auto insurance company to handle your claim. (MCL 500.3115)

As noted above, your No-Fault PIP medical benefits will be limited by whatever coverage level was selected in the policy under which you are claiming No-Fault benefits. (MCL 500.3107c(5)) And, if you claim benefits through the Michigan Assigned Claims Plan, then your coverage will limited to $250,000. (MCL 500.3172(7)(a))

Additionally, you can sue the at-fault driver who caused the accident for pain and suffering compensation as well as any “excess” or future medical bills and lost wages and other economic damages.

Injured In A Lyft Accident? Get Help From A Car Accident Lawyer

If you have been injured in a Lyft accident in Michigan and would like to speak to an experienced auto accident injury attorney, you can call toll free anytime 24/7 at (800) 777-0028 for a free consultation with one of our attorneys. You can also get help from an experienced attorney by emailing [email protected] or you can use the chat feature on our website.

Lyft Accident in Michigan: What You Need To Know

[Community Guidelines]

Related Posts
Do I need a lawyer after a car accident?
Do I Need A Lawyer After A Car Accident?
June 2, 2020
What To Expect Physically After A Car Accident
What To Expect Physically After A Car Accident
May 21, 2020
Hit and Run Detroit Lawyer: Why Do I Need One?
Hit and Run Detroit Lawyer: Why Do I Need One?
May 7, 2020
During Covid-19, We’re Still Here For you, Working For You | Read More Here | If We Don’t Win, You Don’t Pay!
1 Shares
Share
Tweet
Share
Pin
Email