The problem rests on how California law requires the ride share service to have insurance.
“Drivers and Lyft are supposed to have a million-dollar liability policy for riders injured in an accident. In addition to that, California law puts addition claims requirements on the company and the driver. If the accident is cause by someone else, a claim can be brought against them and their insurance,” Mr. Zokaeem said.
However, the Golden State law puts a lower policy limit on private drivers compared to the Lyft driver. If the other driver’s insurance is not enough to pay all the claims, such as for a brain injury or spinal trauma, a supplemental claim can be filed through the Lyft policy under the “Underinsured Motorists Coverage” requirement.
Also, the ride share company technically has independent contractors, not employees. So, suing Lyft itself can be hard. The company has already denied any responsibility in accidents in California and other states.
“It is difficult to hold a company responsible for something an independent contractor does,” Mr. Zokaeem said. “This is slowly changing where Lyft is concerned.”
So what can a person do if they are involved in an accident with a Lyft driver? Mr. Zokaeem has these suggestions.
1) Call 911, if you can. If not, get someone else to do so.
2) Get pictures of the accident scene or have someone else if you cannot.
3) Get information about the driver, if you don’t already have it in your phone.
4) Screen shot all the information in your phone, including the receipt for the ride.
5) Go to a hospital and get checked. The insurance will take care of the bills.
6) Call the Capital Law Firm at (310) 363- 0403 and do not talk to anyone else, except law enforcement and medical personnel.
“Lyft drivers are required to have insurance, but the insurance company exists to make a profit, not pay out claims. Someone from the insurance company will call you. Refer all calls to me, your attorney. Do not answer any of their questions,” he said.
For more information about getting financial help recovering from a brain injury, visit www.capfirm.com.
Company Name: The CAPITAL Law Firm
Contact Person: Joshua Zokaeem
Email: Send Email
Address:11111 Santa Monica Blvd., Suite 10
City: Los Angeles
State: CA 90025
Country: United States