Lyft Fatal Accident Law: What You Need To Know
For people who have lost a loved one in a Lyft fatal accident, Michigan’s law allows them to pursue a claim for wrongful death damages against the at-fault Lyft driver and a claim for No-Fault survivor’s loss benefits against the responsible auto insurance company.
Wrongful death damages
The dependents and family of a person who was killed in a Lyft fatal accident in Michigan may be able to sue the at-fault Lyft driver and sue the at-fault Lyft driver for damages under the wrongful death act.
Lyft may also be liable under the “respondeat superior” doctrine which makes an employer liable for its employee’s negligence that occurs within the scope of the employee’s employment if the Lyft driver is determined to have been a Lyft employee.
A wrongful death lawsuit, which must be brought by the personal representative of the deceased person’s estate, allows for the recovery of compensation for the victim’s pain and suffering as well as damages for the dependents’ loss of financial support and loss of society and companionship.
Liability insurance coverage
Lyft drivers are required to carry liability insurance with the following minimum limits to provide coverage in the event they are at-fault in causing a crash or a Lyft fatal accident in Michigan:
- On-duty liability coverage ($50,000/$100,000) – There must be liability coverage “in the amount of at least $50,000.00 per person for death or bodily injury” and “$100,000.00 per incident for death or bodily injury . . .” (MCL 257.2123(2)(a); 257.518b(1)(a)(i))
- Liability coverage while transporting passengers ($1 million) – There must be liability coverage “with a minimum combined single limit of $1,000,000.00 for all bodily injury or property damage.” (MCL 257.2123(3)(a); 257.518b(1)(b)(i))
A Lyft driver’s liability coverage may be provided by auto insurance liability policies maintained by the driver, Lyft or a combination of both. (MCL 257.2123(5) and (6))
Settlements after a Lyft fatal accident in Michigan
One of the most important factors in determining how much a settlement might be is the lawyer who represents the dependents and family members who lost a loved one in a Lyft crash.
Insurance companies use claims software to evaluate exposure and risk for automobile crashes. Having an experienced lawyer with an established history of successful settlements and trial verdicts can increase a settlement by 3 to 4 times more.
The attorney whom you choose to hire matters because attorneys who are known for going to trial can settle cases for significantly more money and often much faster.
No-Fault benefits after a Lyft fatal accident
The dependents and family members of a Lyft passenger whose life was lost in a Lyft crash may be entitled to recover financial support through “survivors loss benefits” under Michigan’s No-Fault law.
To make a claim for survivor’s loss benefits, an application for No-Fault benefits must be filed with the responsible auto insurance within ONE YEAR from the date of the crash. (MCL 500.3145(1))
Failure to file on time – within ONE YEAR of the Lyft crash – will forever disqualify dependents and family from claiming survivor’s loss benefits.
When a crash with a Lyft results in the death of a Lyft passenger, the auto insurance company that will be responsible for paying No-Fault survivor’s loss benefits will be the passenger’s insurer or the insurer of his or her spouse or a resident relative or with the auto insurance company that insures the Lyft vehicle.
Protecting your rights after a Lyft fatal accident
Consulting with an experienced lawyer is one of the first and most important things that dependents and family members can do after a Lyft fatal accident in Michigan. A lawyer can help:
- Ensure that families get all of the benefits and compensation they are entitled to such as survivor’s loss benefits and wrongful death damages which may include funeral and burial expenses.
- Protect grieving family members from being taken advantage of by misrepresentations made by an insurance company for an at-fault negligent Lyft driver – which happens far too often because Michigan’s refusal to enact bad faith laws.
Need help? Call Michigan Auto Law for a free consultation
If you have tragically lost a loved one in a deadly Lyft crash and would like to speak with an experienced attorney, call toll free anytime 24/7 at (800) 777-0028 for a free consultation with one of our injury lawyers. You can also get help from an experienced attorney by emailing [email protected] or you can use the chat feature on our website.