Key Takeaways
- Under O.C.G.A. § 9-3-33, a personal-injury claim from a Georgia car accident must be filed within two years of the crash — missing this deadline almost always extinguishes the claim entirely.
- Georgia's modified comparative negligence rule (O.C.G.A. § 51-12-33) reduces your recovery by your share of fault and bars it completely at 50%.
- Georgia Department of Transportation crash data consistently shows urban arterial roads, intersections, and entrance ramps as the leading crash locations across the state.
- Hit-and-run drivers violate O.C.G.A. § 40-6-270, but criminal prosecution does not pay medical bills — recovery comes through your own UM coverage under O.C.G.A. § 33-7-11.
Did you know that roughly five in a half-million car accidents occur each day? With the rise in popularity of ridesharing apps, an increasing number of these accidents are beginning to involve Lyft and Uber drivers.
Unfortunately, these types of accidents can often result in a confusing and messy legal situation.
If you were injured due to the negligence of Lyft or their driver, then you might be wondering whether or not you can press charges. Our FAQ explains your options to sue Uber or Lyft after an accident. In this article, we’ll walk you through your legal options when it comes to a Lyft crash. Let’s get started!
**Who Is Responsible: Lyft or the Driver? **
In the past, Lyft typically tried to shift responsibility to their drivers when it came to accidents and compensation. However, new laws have required rideshare companies like Lyft to take more responsibility.
These laws were pushed in response to evidence that fatal accidents have increased by 2 to 3% since the introduction of rideshare apps. This means that most of the time, Lyft’s insurance policy will cover any personal injury claims or loss of property claims.
However, the extent that Lyft’s insurance will cover these claims depends on circumstances related to the driver and whether or not they are on “active duty” Let’s take a closer look at the three different types of circumstances that can arise.
Also, keep in mind that laws related to Lyft can differ from state to state. As such, you should consult with a car accident lawyer in your specific state to make sure that there are no changes you should know of.
1) The Lyft App For the Driver Was Off
If the Lyft driver’s app was not on, then the company will claim that the driver was not working for their company at the time. As such, they will provide new liability insurance.
Instead, the driver’s auto insurance kicks in, assuming they have it. While this excuse might be legitimate, it’s important to confirm with the driver that they were not on active duty.
2) The Lyft App Was On and the Driver Was Waiting
If the Lyft app for drivers is on, then they’re technically working — even if they’re just waiting around for a new passenger alert. If the Lyft driver is waiting around and they get in an accident, the company’s insurance policy does provide some coverage. Here’s how the insurance coverage for this type of accident works:
- $50,000 per person for anything related to bodily injury
- $100,000 per accident for anything related to bodily injury
- $25,000 per accident for anything related to property damage
3) The Lyft App Was On and the Driver Was Dealing With a Passenger
If the Lyft driver is in route to pick up a passenger, or in the act of driving the passenger, then they receive more comprehensive coverage. Here’s how the insurance coverage for this type of accident works:
- $1,000,000 for anything related to a 3rd-party auto liability
- Uninsured/underinsured motorist bodily injury
- Coverage on the value of the car or any repair necessary ($2,500 deductible)
Can You Press Charges After a Lyft Crash?
You can press charges after a Lyft accident. But, most of the time it will need to be a personal injury claim against the at-fault driver. However, there are some situations where you can sue the company Lyft itself.
To do this you will need to prove that the company acted negligently, which led to the accident and any injuries you incurred. Most of the time, this will be related to the hiring or retaining of a negligent driver that should have been screened.
For example, if a Lyft driver has a history of traffic violations, accidents, or drunk driving incidents, then you can argue that the company acted negligently by hiring them.
Since Lyft doesn’t provide significant training or driver evaluation, then this certainly isn’t unheard of. However, this type of case will require significant evidence to reach a lucrative settlement.
As such, it’s important to meet with a competent lawyer that specializes in these types of cases. They can advise you as to what your best options are.
What Should You Do Immediately After a Lyft Crash?
Unfortunately, Lyft accident investigators often work to downplay the details following an accident. To prevent this from happening to you it’s important to follow steps after you get in an accident with a Lyft driver.
This will ensure that there are objective details about your crash that aren’t provided by the company. If you’re seriously injured, then you focus on getting to the hospital. However, if you and the other parties involved are all right, then follow these steps.
First, you should call the police and report the accident. Once the police arrive at the scene, get a copy of the accident report. While you wait you should document the scene with photos and videos.
Trauma can make you forget details so write down what happened too. Next, seek medical attention for any potential injuries. You should do this even if they seem minor. Oftentimes, concussions can go unnoticed following an accident. Finally, report the accident to Lyft and contact your auto attorney.
Need Help With Your Georgia Car Accident Case? Contact Georgia Auto Law
We hope this article helped you find out whether or not you can press charges following a Lyft crash or other commercial vehicle crash. As you can see, there are some circumstances where it’s appropriate to sue the negligent parties involved.
If you decide this is the right option for you, then you must find a competent lawyer that specializes in auto law. So how do you find one? If you live in Georgia, then look no further than Georgia Auto Law.
We deal exclusively in commercial auto and truck accident cases within Georgia. This gives us an expertise that’s unparalleled by other law teams. Best of all, if you don’t win your case, then you don’t pay a dime.
Get a free consultation for your case by calling us at (404) 662-4949 or filling out our online contact form today. Please provide as much detail as possible about your case, and one of our lawyers will get back to you shortly. We look forward to hearing from you.
Frequently Asked Questions
What is modified comparative negligence in Georgia?
Under O.C.G.A. § 51-12-33, a Georgia plaintiff who is less than 50% at fault can still recover, but their damages are reduced by their percentage of fault. At 50% or more, recovery is barred entirely. This is why insurance adjusters work hard to assign you any percentage of fault they can.
What if the at-fault driver has no insurance?
Georgia requires every auto policy to offer uninsured-motorist (UM) coverage under O.C.G.A. § 33-7-11. UM coverage on your own policy pays when the at-fault driver is uninsured, underinsured, or flees the scene. Multiple household policies can sometimes be stacked for higher limits.
Do I need a lawyer for a Georgia car accident claim?
For minor property-damage claims, often no. For any claim involving injuries, missed work, lasting symptoms, or disputed fault, a Georgia personal-injury attorney typically recovers far more than the policyholder would negotiating alone, even after the contingency fee. Initial consultations are free.
Should I give a recorded statement to the other driver’s insurer?
No. The adjuster’s job is to minimize the payout, and recorded statements are mined later for any admission of fault, exaggeration, or inconsistency. You can decline politely and refer them to your attorney or your own insurer.
