Uber, Lyft and Rideshare Insurance Claims in Georgia
Updated July 2022
Charlotte was in Dunwoody for a conference. She was staying at Hampton Inn & Suites by Perimeter Center.
One night, she decided to go grab a bite to eat at Novo Cucina because she heard their Tagliatelle Alfredo was to die for. She hadn’t rented a car, so she dialed up the Uber app on her phone and tailed it out there.
Charlotte’s Rideshare Experience
After a delicious dinner, she was checking some emails in the back seat of the Uber on the way back to the hotel, when the car was rocked off its axis.
After a scary few seconds, she unbuckled her seatbelt and got out. Everyone seemed to be generally ok, but the Uber she was in was in a multi-car wreck.
She was tossed around in the back seat, resulting in some cuts and bruises… and a bit of a stiff neck.
- What was she going to do?
- Did she need to go to the urgent care to get checked out?
- If so, whose insurance would she need to contact to make sure it was taken care of?
- Would Uber be willing to cover her if she was injured?
- Even worse, did the driver have the appropriate level of insurance?
- Should she contact a lawyer who specializes in rideshare accidents?
When you’re in an accident with a rideshare, your problems can’t help but multiply.
Uber, Lyft, and Rideshare Insurance Claims in Georgia
Rideshares are becoming more a part of everyone’s life. As of 2019, 36% of American adults told Pew Research they have used a rideshare app, with about 25% of Americans using them once a month.
Whether you’re navigating a new city while traveling, going out for a night on the town, or you simply don’t want to deal with learning a bus schedule, chances are a rideshare will be involved in your journey.
In many cities without access to taxi services or public transportation, rideshares have been a boon for people trying to get from point A to B. But this also makes for a huge influx of “professional” drivers on the road that don’t have to do much more to drive for Uber than pass a background check and have a four-door vehicle.
Whether you’re a passenger, a driver, or even just in the wrong place at the wrong time, accidents happen, no matter how much experience you have behind the wheel.
When you’re in a car wreck, you don’t want to have to immediately start worrying about the minutiae of Georgia insurance law.
They say an ounce of prevention is worth a pound of cure. There are approximately four million rideshare drivers on the road with you.
The Law Office of Nicholas P. Martin wants to make sure you’re as safe as possible. If you want to be prepared for the possibility of an accident with a rideshare, read on.
Uber and Lyft: The Rideshare Big Dogs
If you’re taking a rideshare in Georgia, chances are you’re in an Uber or a Lyft.
Uber accounts for around fifteen million rides per day. Lyft lags behind, but their a solid number two in America. Between them, their 2021 revenue breaks twenty billion dollars.
These two companies are responsible for the vast majority of rideshare drivers in America. But saying “responsible for” is a misnomer. In fact, in most cases Uber and Lyft do not claim responsibility for their drivers.
Drivers for Uber and Lyft are hired as “independent contractors,” not employees, limiting the options of someone in an accident with one of their drivers.
That said, Uber and Lyft do provide additional coverage for when their drivers are in an accident when they’re on the clock, but if it’s a severe accident, the amount they’re offering may not be enough.
At the end of the day, most rideshare drivers are just gig workers trying to make ends meet. Uber and Lyft, on the other hand, are billion-dollar companies looking to maximize their investments.
Whatever the case and whichever rideshare company you decide to use, you shouldn’t have to be on the hook for an accident you didn’t have any hand in causing.
The Law Office of Nicholas P. Martin realizes these situations can be confusing, but with us on your side, you’ll know exactly where you stand.
What Do You Do When You’re in a Rideshare Accident?
Most of the steps you would take after an accident with a rideshare are the same ones you would take after any automobile accident.
Before you start your checklist, take a moment to assess the situation.
It doesn’t matter if you were in a wreck with someone who drives a rideshare or if you’re a passenger in the rideshare, you’re still going to need to keep your head about you to make sure you aren’t taken advantage of at the end.
First and foremost, do you need immediate medical attention? Does anyone else? This is a car wreck, after all, and your health is the ultimate priority. Damage to vehicles can take a back seat, so if you need to call 911 or seek immediate medical care, do so.
Injuries in a rideshare can be even more serious, because some riders think being in an Uber somehow means they don’t need to wear their seatbelt. Common injuries in rideshares range from the simple, like abrasions and contusions, to much more severe, like neck and spine injuries.
Don’t relax just because someone else is driving. Keep that seatbelt securely fastened.
Second, report the accident. If you were just a passenger in the vehicle, you might not be the one who is calling the police, but both Uber and Lyft have in-app processes you’ll need to go through. After all, you still have to get to your destination.
If you were the other driver, having a police presence on the scene may be helpful to you later.
After all, you need to get a police report to make sure you’re taken care of.
Third, you’re going to want to start putting together the story of the accident. Ask yourself why you think it happened. Not so you can repeat it to an insurance adjuster, but so you can spot what you think it important.
So, the accident just happened. Here are some things to consider:
- What are you noticing?
- Is the road slick?
- Who hit who?
- Is there debris in the road?
You’ve probably used your smartphone to call the rideshare to you, so pull it out and start taking some photos of the environment and the vehicles involved.
- Was there anyone else around that might be a witness?
- Are there businesses that have security cameras that might have caught something you missed?
Any of these bits of information could be crucial to making sure you aren’t on the hook for thousands of dollars in damages.
Fourth, get as much information as you can. From the other drivers, from police, from anyone! If you’re a driver and were in an accident with an Uber or Lyft driver, you’ll naturally want their insurance information.
If you’re a passenger, you’ll likely be covered by your driver, but the more info you get, the more prepared you’ll be for unexpected to happen.
Getting a police report will probably be necessary, but if you retain a lawyer, they’ll be able to handle that for you. Just one more reason you may want to reach out to a local Atlanta area Personal Injury attorney.
Fifth, make sure you get checked out as soon as possible after the accident. You may not think you need immediate medical attention, but that’s the adrenaline talking.
Aches and pains could show up days after that are indicators of much more serious problems.
We know that finding time to get to a primary care physician or an urgent care center can be a pain, but that’s nothing compared to dealing with having to pay for issues you could have had covered by insurance if only you had gotten a doctor to clear you.
Sixth, invest in a filing cabinet. We’re kidding… but not really.
As you’re going through all this, you’ll have accumulated a ton of paperwork. Insurance cards, photos, medical bills, police cards, repair expenses, and on and on and on.
It’s going to be a lot and you might need all of it, so make sure you’ve got a filing system that works for you, whether that’s in your home office or in the office of the personal injury attorney you hired to take care of it for you.
Why Do Rideshare Accidents Happen?
Rideshare accidents happen for the same reasons many wrecks do, but they’re exacerbated by the business aspect. The people who are driving for Uber aren’t just jaunting out to grab a bite to eat; they’re at work.
As such, there are some things we see as frequent causes for rideshare accidents.
1: Fatigue
The fact is that these drivers are at work and only get paid when they’re driving customers. Many Uber and Lyft drivers are at their second job when driving, which might mean they already put in a full shift somewhere else. The effects of fatigued driving, like zoning out, trouble focusing vision, and impaired judgement can have severe impacts on reaction, coordination and decision making, increasing the likelihood of an accident.
2: Distracted Driving
This makes all the sense in the world. After all, you got this car to come to you because you called them on an app. Uber and Lyft drivers are conditioned to have their focus glued to the app; it’s their boss. They may be doing their job by checking in on a new ride request or they may be trying to entertain you with a story they’re invested in, but all it takes is two or three seconds of diverted attention to prove fatal.
3: Overworked Cars
The driver isn’t the only thing on the clock when you’re in an Uber or Lyft. The car you’re riding in is getting worked over, as well. Lyft and Uber both require their drivers have their vehicles inspected as part of their on-boarding process, but the maintenance is paid for by the drivers, not the company. Many drivers, as we’ve said before, are already at their limit, working too many hours to make ends meet, and they might end up letting some of their maintenance slide. Gradually, little things can build up to catastrophic failures and potentially dangerous accidents.
4: Unfamiliar Environments
Driving for a rideshare company gives you plenty of time to explore metro Atlanta, but we can’t be familiar with every part of every city. Uber and Lyft drivers rely heavily on their GPS to make sure they know where they’re picking up and dropping off clients. This can lead to sudden turns, unexpected stops, or even just regular distracted driving from watching their phone too much. Keeping their eyes glued to their screen, even as a part of the service they’re providing you, can be a recipe for disaster.
5: Pressure
Rideshare drivers only get paid when they’re driving passengers, so they’re under financial pressure to perform. They might want to get your ride done so they can move onto another one. This increases the likelihood of speeding and aggressive driving.
The Georgia Department of Transportation states that over 330,000 car accidents took place in Georgia in 2020, leading to 125,000 injuries. Navigating Atlanta is hard enough without the stress of needing to dart through traffic for your job.
No matter the cause, being in a rideshare accident can make things difficult for you for a variety of reasons.
How to Deal With a Rideshare Insurance Claim
Uber and Lyft drivers have three different levels of liability, depending on their work situation. If they’re driving without their app on, their personal car insurance covers them. Whether it’s Liberty Mutual, Progressive, or State Farm, you can be sure The Law Office of Nicholas P. Martin knows exactly how to deal with those.
The second the drivers connect to the app, the Uber or Lyft policy applies with $100,000 in liability and uninsured motorist coverage.
In Georgia, Uber is covered by Farmer’s Insurance and Lyft uses Progressive.
Once the driver is connected to their potential passenger, the liability jumps to $300,00, which applies to both the driver and the passenger.
No matter which insurance company you’re reaching out to, make sure you do it as soon as humanly possible. A lengthy delay might give them an opportunity to deny you your right to compensation.
Remember, these insurance companies are billion-dollar enterprises trying to serve billion-dollar rideshare services. Their priority isn’t your health and well-being; it’s their bottom line. Don’t give them an inch.
You can file you claim a few different ways.
If you were in an accident with an Uber, here’s what to do:
- Call 1-800-435-7764 (1-877-732-5266 en Espanol).
- Download and utilize the Farmers Insurance mobile app.
- Going to the Farmers Insurance website at https://www.farmers.com/claims/
- Text the words REPORTCLAIM to 29141, and you’ll receive a link to begin the claims process.
If you were in an accident with an Lyft, here’s what to do:
- Call 1-800-776-4737.
- Using their mobile app.
- Going to the Progressive website at https://www.progressive.com/claims/
No matter which option you choose, you’ll get a claim number and be put in touch with an insurance adjuster.
They may seem nice, but they want to keep you as far away from the amount of money you deserve as possible.
Don’t give them any more information than is absolutely necessary.
When speaking to an insurance adjuster, it’s important to prepare yourself. If you’ve retained an attorney, they’ll have some pointers to go over with you, but if you’re going at it alone, here are some steps to take into account when you’re speaking with one to make sure you’re ready.
- Don’t admit fault – especially if you’re just a passenger. You didn’t do anything wrong.
- Tell the truth and don’t speculate. Stick to verifiable facts that you won’t have to go back on. You didn’t do anything wrong.
- When possible, keep your answers simple – You don’t need to explain more than they asked. After all, you didn’t do anything wrong.
- Don’t sign their first offer. You might be leaving money on the table. Take the time to speak with a professional and see if it’s actually a good deal.
Remember, every moment you’re dealing with the insurance company is a negotiation. Don’t give away anything you don’t have to.
And if you ever get stuck in a conversation, remember you can always turn to the magic words: “I’ll need to speak to my lawyer.”
Uber Black and Car Accidents
Uber Black is a premium car service which, like a limousine service, has slightly different insurance requirements.
Georgia law requires an insurance policy with minimum coverage of $100,000/$300,000 for 12 passengers or less for a limousine carrier, and $100,000/$500,000 and $50,000 for property damage for a vehicle containing over 12 passengers.
However, a limousine, with seating for a total of 8 (including the driver) is considered a commercial vehicle. In cases of such limousines, the Code of Federal Regulations (CFR) would apply.
Title 49 CFR Section 387.33 defines the minimum levels of financial responsibility for various vehicles, depending on the number of people it holds.
What Could My Rideshare Injuries be Worth?
Every case is different. We couldn’t even being to tell you how much your case is worth without you sitting down for a free consultation.
Generally speaking, though, we’d be trying to get you anything we would in any normal personal injury case, including car repairs or replacement, lost wages, past and future medical bills, and pain and suffering.
The car repairs and lost wages are intrinsically linked. Atlanta is difficult to traverse without a car of your own.
Most insurance companies will only shell out for a rental car for a limited window of time. We’ll do everything we can to make sure you get the money you need to replace and repair your car in a timely fashion.
Lost wages can also be linked to medical bills, though.
Typically, people have trouble returning to work when they’re injured. This, along with pain and suffering, can be difficult to prove, even when you feel you’re experiencing them very clearly.
Having a skilled personal injury attorney that specializes in rideshare accidents by your side absolutely maximized the possibility for you to get the financial settlement you deserve.
Do You Need a Lawyer For Your Rideshare Accident?
We’re not going to lie – getting an Atlanta area Personal Injury attorney who specializes in rideshare accidents can be a huge benefit.
Not only does it take a ton of pressure off your plate, but you turn the process over to an expert who is used to negotiating with insurance companies.
And that’s before mentioning the additional complication of working with rideshare companies.
If you were a passenger in a wreck with multiple cars, it can get confusing quickly.
Do you need to work with the driver’s personal insurance? Uber’s? One of the other cars that was in the accident? Who knows how many insurance companies you might be dealing with!
If you were a driver and you only had cosmetic damage to your car, you’ll still need to have that car off the road and in the shop for days at a time. You’ll need a rental to get back and forth to work.
A personal injury attorney can make sure you you’re able to get to your job with no pause in your day-to-day life.
If you were injured, you might be dealing with doctors’ visits, physical therapy, and urgent care fees. A personal injury attorney will make sure that money is coming right back to you.
And that’s not all. An Atlanta area personal injury attorney can help in a variety of additional ways. They can speak to the police and keep the evidence you gathered straight.
They can file an insurance claim on your behalf, even if you’re still recuperating from injuries or just don’t have time. They can negotiate with adjusters and use their vast and varied experience to see through their tricks and bad faith first offers.
And, if all that fails, they’ll be there to support you in court and fight to make sure you get the maximum possible compensation.
Insurance companies like Progressive and Farmers Insurance have home field advantage.
Not only do they have millions of dollars at their disposal, but they deal with car accident litigation every single day.
It’s their business and they’re not on your side.When you retain a personal injury attorney like The Law Office of Nicholas P. Martin, you’re banking on our experience.
We know that rideshare wrecks are a completely different beast from your typical automobile accident.
We’re prepared to fight and we know how to get you the best possible outcome.
I Am An Uber Or Lyft Driver And Was In An Accident. Can I Recover Lost Wages?
Yes, most likely you can recover lost wages but it depends. There are two situations to consider:
- The injury you suffered in the accident must be the reason you cannot drive for the company. In this situation, you can definitely get paid lost wages in Georgia.
- You could not drive for the company because your car was in the shop for a month. You may be able to recover lost wages but it is less certain. This area of law is developing in Georgia and insurance companies are still not sure exactly how much proof you need to have for such a claim.
- Make sure you at least save your paystubs and some records to prove prior work history showing how often you were driving passengers for the company.
Nick Martin’s track record as a Fair Labor attorney is sterling. If you feel like you, as a driver, might have lost wages coming to you, don’t be afraid to contact us today.
Charlotte’s Outcome
Remember Charlotte and her wreck? She was even stiffer the day after. She made an appointment at a local urgent care to get checked out and, while in the waiting room, Googled “rideshare car accident personal injury attorney.”
She knew she wanted someone local, someone who knew the Georgia laws and the environment she was in. The Law Office of Nicholas P. Martin came up.
She signed up for a free consultation, liked the conversation she had with Nick, and turned the case over to him.
While Charlotte was focusing on getting healthy, Nick was on the case. He was able to procure dashcam footage that proved her Uber driver, who was moonlighting at Uber after a full day at his desk job, accidentally ran a red light.
Meanwhile, Charlotte had to miss some work due to doctor’s appointments and physical therapy. Who ended up paying out?
In this case, the at-fault driver’s liability insurance would provide coverage first, followed by any uninsured motorist insurance you carry on your own vehicle (if available), followed by the $1,000,000 rideshare policy.
Uber and Lyft provide very good coverage to their passengers. Compare that to taxi cabs in Atlanta who only have $25,000 in insurance.
Nick negotiated with Uber and was able to get all of Charlotte’s bills paid for, leaving her a satisfied client.
Nick Martin: Rideshare Accident Attorney
Getting in a car wreck is an anxious occasion in the best of circumstances, but a rideshare makes things so much more stressful. If you’re a passenger, the control has been taken out of your hands completely, and if you’ve been hit by an Uber or Lyft, your vehicle might be completely out of commission.
In times like these, you need support. Someone who has your back and, rest assured, you can’t count on that from Uber or Lyft.
Nick Martin represents clients who have been in an accident while riding in an Uber or Lyft.
He’s got the experience necessary to be able to dodge all the curveballs any insurance company might throw. He’s here and ready to be your advocate when you need it most.
If you or someone you know has been in an accident while in an Uber or Lyft, don’t wait. Time is of the essence. Contact The Law Office of Nicholas P. Martin right now at (770) 450-6155 or sign up on this website for a free consultation. Nick Martin won’t let you get less than you deserve.
Nick enjoys helping the people of Atlanta with their personal injury and fair labor issues. When he’s not working, Nick can be found woodworking, competitive rifle shooting, enjoying the outdoors, and spending time with his family.
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