There are a lot of frequently asked questions (FAQs) about being in an auto accident with a Lyft driver in Colorado. These questions can come from drivers, passengers, and witnesses or bystanders.
After reviewing our FAQ, if you have any other questions about a car accident with a Lyft driver, contact the attorneys at accidentdenver.com. Our attorneys have represented drivers and passengers injured in accidents with Lyft drivers in Colorado. Contact us today for a free consultation.
Who was at fault for the Lyft accident?
Fault in a car accident is generally based on negligence. A negligent driver may be liable to the injury victim for damages caused by their negligence. This can be proved by showing the driver violated traffic laws or failed to drive in a reasonably safe manner. For example, if one driver was speeding, ran a red light, or was driving while texting, that driver may be negligent per se because they were violating a traffic law.
Was the Lyft driver impaired at the time of the accident?
If you suspect a Lyft driver was impaired at the time of the accident, make sure to contact the police to respond to the accident. If the police are not called, the driver could get into another accident and cause additional harm. The police will also be able to determine if the driver was impaired and, if necessary, make an arrest. An impaired driver may be negligent in causing the accident and a criminal conviction can be used as evidence.
Was the Lyft driver texting or distracted at the time of the accident?
If your Lyft driver was texting, mapping a route, or distracted by a phone or mobile device, it can increase the risk of an accident. If you suspect the driver may have been distracted, your attorney may be able to investigate phone records to determine what the driver was doing at the time of the accident and use this information in support of your case.
Should I get medical attention after a car accident?
Even if you feel perfectly fine after an accident, you should still consider getting medical attention just to be safe. Many injuries are not immediately obvious and may take hours or even days to develop. This includes head injuries, neck injuries, and back injuries. Getting immediate medical attention can help prevent additional injury or reduce the risk of permanent injury after an accident.
How does Lyft insurance coverage work in an accident?
Lyft insurance coverage depends on what the driver was doing at the time of the accident. There are three different coverage periods:
- The driver has not turned on the app or is not actively looking for rides, in which case their personal auto insurance would cover any accident costs.
- The driver has turned on the Lyft app, is actively looking for rides, but has not yet accepted a ride has not been accepted.
- The driver has accepted a ride, is on the way to pick up the accepted ride, is picking up the rider, is transporting the rider, or is dropping off the rider and completing the ride.
When the driver has not turned on the app or is not looking for rides, the driver is covered by individual insurance coverage. Colorado laws require all drivers to have mandatory minimum coverage:
- $25,000 for bodily injury or death to any one person in an accident;
- $50,000 for bodily injury or death to all persons in any one accident; and
- $15,000 for property damage in any one accident.
Under Colorado's Transportation Network Companies (TNC) laws, Lyft must provide coverage over the minimum individual liability. Once the TNC driver indicates they are available for a ride but has not yet accepted a ride request, Lyft coverage must provide a minimum of:
- $50,000 for bodily injury or death to any one person in an accident; and
- $100,000 for bodily injury or death to all persons in any one accident
When the driver has accepted a ride, is on the way to pick up the rider, or has the rider in the vehicle, Lyft's maximum coverage policy applies, with a limit of $1 million.
How do I report a Lyft accident in Colorado?
Under Colorado law, drivers are required to report an accident that involves property damage or injury. If law enforcement responds to a crash involving a Lyft driver, the police will gather information and file an accident report. If the police did not respond to the accident, the driver should get information from the Lyft driver and file an accident report online.
A driver's insurance policy generally requires policyholders to immediately report an accident. Drivers injured in an accident with a Lyft driver should contact their insurance company to report the accident.
Drivers may also be asked to fill out Lyft's incident form using the Lyft app or online at https://help.lyft.com/hc/en-us/articles/360018628473. Lyft will use the information submitted to contact you about the incident. However, before talking to Lyft's insurance company or any other driver's insurance company, consider contacting an attorney first.
Should I contact a lawyer after an accident with a Lyft driver?
If you try to handle an accident claim against Lyft on your own, you may face a number of problems. Lyft's insurance company representative may try to get you to say something that they can use against you. Lyft may give you the runaround and delay responding to you. They may also put off payment, or try and offer only a small portion of the damages you are owed.
If you have an attorney from accidentdenver.com, you can tell Lyft to talk to your lawyer and they will take you more seriously. Your lawyer can put pressure on Lyft to get your claim settled quickly, negotiate to get the maximum compensation, and if necessary, take your case to court.
How long do I have to file a claim against the Lyft driver?
The statute of limitations for most Colorado car accident injury claims is three years. A driver, passenger, or bystanders generally has three years from the date of the accident to file a claim against Lyft or the Lyft driver. You should contact your Denver accident attorney as soon as possible after a crash to make sure your claim is filed on time.
How does Lyft select, screen, and train drivers?
Others may be surprised to learn how little training or oversight Lyft has for their drivers. Part of this is because the company wants to keep Lyft drivers classified as independent contractors so they do not have to compensate them as true “employees.” Generally, in order to drive for Lyft, the driver has to:
- Pass a vehicle inspection,
- Show a valid license, registration, and vehicle insurance,
- Undergo a medical check-up, and
- Undergo a background check.
The only training that Lyft provides its drivers is training on how to use their app to find and secure rides, and starting in September 2019, Lyft is requiring that all new hires and existing drivers to complete a community safety education program that it is developing with RAINN, the largest sexual violence prevention organization in the United States.
Denver Lyft Accident Injury Lawyers
The attorneys at accidentdenver.com have successfully represented their clients who were involved in accidents caused by Lyft drivers or other ride-share operators. Contact us today for a free consultation.