Lyft Car Accident Claims: What You Need To Know
The two potential Lyft car accident claims that you may be able to make after being injured in a Lyft accident are for pain and suffering compensation against the at-fault Lyft driver and for No-Fault benefits to cover medical bills and lost wages.
Lyft car accident claims for pain and suffering compensation
When a Lyft driver causes a car crash that results in passengers being injured, the passengers may be able to file a lawsuit against the at-fault, negligent Lyft driver to recover pain and suffering damages, excess medical expenses, and excess lost wages. These claims have unique No-Fault priorities and mandatory insurance requirements to compensate an injured passenger.
Successful claims for pain and suffering compensation require that injured passengers show that they have suffered a “serious impairment of body function” or permanent serious disfigurement.
Injured passengers have three years after the date of a crash to file their Lyft car accident claims for pain and suffering compensation. (MCL 600.5805(2))
Lyft drivers are required by Michigan law to carry liability insurance with the following limits that provides coverage in the event the Lyft driver is at-fault in causing an auto accident:
- When a Lyft driver is on-call and is available to transport a passenger (but is not actually transporting a passenger), then the minimum liability coverage that the Lyft driver must have in effect is “$50,000.00 per person for death or bodily injury” and “$100,000.00 per incident for death or bodily injury.” (MCL 257.518b(1)(a)(i); 257.2123(2)(a))
- When a Lyft driver is transporting an Lyft passenger, then the minimum liability coverage that the Lyft driver must have in effect is a “combined single limit of $1,000,000.00 for all bodily injury or property damage.” (MCL 257.518b(1)(b)(i); 257.2123(3)(a))
Lyft passengers who have been injured in a Lyft crash can file Lyft car accident claims to recover No-Fault PIP benefits which pay for your lost wages (if your injuries prevent you from returning to work), you doctor and hospital bills, the mileage and transportation costs you incur for traveling to and from your medical appointments.
No-Fault benefits will also pay for your household replacement services and attendant care.
Starting Lyft car accident claims for No-Fault benefits
Any claims for No-Fault benefits must start with an application for No-Fault insurance benefits – which is also called a “written notice of injury” – with the responsible auto insurance company within one (1) year after the crash. (MCL 500.3145(1) and (4))
Lyft car accident victims will forever lose all of their No-Fault benefits if they fail to file their applications on time – within ONE YEAR from the date of the Lyft crash.
Who pays Lyft car accident claims for No-Fault benefits?
The key to getting No-Fault benefits paid on automobile crash claims is making sure that an injured passenger seeks to recover benefits from the responsible auto insurance company.
The No-Fault law’s priority rules establish that benefits must be recovered from insurance companies in the following order: (1) the passenger’s own policy; (2) the policy of the passenger’s spouse or resident relative; or (3) the policy covering the Lyft vehicle in which the passenger was riding if coverage is not available “under any other policy.” (MCL 3114(1) and (2)(g))
The No-Fault medical coverage available in Lyft car accident claims will be limited by the No-Fault PIP medical benefits coverage level that was selected in the policy through which the passenger is claiming No-Fault benefits. (MCL 500.3107c(5))
The No-Fault PIP medical benefits coverage levels that may apply 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))
Need help? Call the attorneys at Michigan Auto Law
If you have been injured in a Lyft car accident and would like to speak with an experienced injury lawyer, call toll free anytime 24/7 at (248) 353-7575 for a free consultation with one of our attorneys. Contact us here to get help from an experienced attorney or you can use the chat feature on our website.