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https://mcgahrenlaw.com/rideshare-lawsuits-uber-and-lyft-in-duluth-georgia/

McGahren Law

Rideshare Lawsuits (Uber and Lyft) in Duluth, Georgia

Advice for people who may have been injured in a rideshare accident.

Duluth, Georgia Injury Lawyers Handling Rideshare Accident Cases in Duluth, Georgia

What should I do after an Rideshare accident?
Rideshare Lawsuits – what is covered and who you can sue. We examine liability for drivers of Uber, Lyft, Via, Gett and other Services.

If you’ve been injured by someone driving in the service of a rideshare or part-time transportation service like Uber, Lyft, or other service like Amazon Flex, there are several things you need to know that will help you to get compensated for your injuries.

ARE THEY ADEQUATELY INSURED?

According to thestreet.com, after paying all expenses, and the app takes its percentage, drivers for a service like Uber and Lyft average between $8.55 and $11.77 per hour. (Reed, Eric. “How Much Do Uber and Lyft Drivers Make in 2020?” TheStreet, 24 Oct. 2019).

That doesn’t leave much room for insurance to cover the additional risk associated with carrying paid passengers and increased time on the road. This increased risk should be taken into consideration with the insurance policies carried by these drivers. Unfortunately, in our experience, you are lucky if someone with a part-time job carries more than the required state minimum $25,000 in liability insurance. On top of that in most states personal insurance policies often do not cover a driver when they are engaged in a commercial operation for another party.

While drivers may be able to opt to purchase “Ride for Hire” endorsements with some insurance companies, it is not clear how common it is for rideshare drivers to purchase this additional coverage and it is not currently a requirement for rideshare drivers.

WHO IS RESPONSIBLE?

The situation is complicated, and liability depends on the “role” that the driver is taking at the time of the incident. (Portman, Janet, and Attorney. “What Do Uber and Lyft Drivers Need to Know About Car Insurance?” Nolo.com, 3 Apr. 2019).

In Georgia, the scenarios for liability have four different classifications, each established as a different level of liability. If you are in an accident with a rideshare driver, it is important to find out from the driver which of the following circumstances applied at the time of the accident. (Note that these classifications are not yet recognized in all states.)

  • The rideshare driver is in their personal car and not using the application to find rides and not going to an appointment – the rideshare company has no liability in Georgia.
  • The driver has the app activated, and is actively looking for clients, but does not have a customer. Georgia law O.C.G.A. § 33-1-24 (a)(5)(A) requires the rideshare cover $100,000 for both underinsured/uninsured motorist (UM) and liability (but only $50,000 per individual excluding cargo). However, how much control the rideshare company has in this situation over the driver might come into play, so details such as the Rideshare company and auto insurance carrier for the driver will matter.
  • The driver is in the process of picking up a passenger. Georgia law O.C.G.A. § 33-1-24 subparagraph (a)(5)(B) requires $1 million in both UM and liability insurance.
  • The driver has a passenger and is in process of carrying them or dropping them off. The same liability applies as in scenario 3. It is only a separate scenario, because the driver is a separate entity from the passenger injured in the car, unlike a passenger in a vehicle when not engaged in ridesharing.

Your attorney needs to act fast to:

  • Send letters and notification immediately to the driver and the rideshare company so there is no ambiguity that could result in destruction of evidence vital to your case.
  • To procure the evidence that indicates what role the rideshare driver was taking at the time of the accident.

 

Contact McGahren Law today for a free consultation about any small, large vehicle, rideshare or commercial vehicle injury incident and to protect your legal rights.

Call McGahren Law at 770-729-1795

Trial lawyers and specialists in personal injury since 1993.
There is NO LEGAL FEE unless we win your case.

 

DISCLAIMER:
This information is provided as general advice we believe is helpful but does not constitute legal advice. As every situation is different, it is vital you seek advice from a qualified attorney familiar with your case.

Artwork based on reference image by Maxpixels.netC Zero Public Domain.

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