Want to learn about recent Lyft car accident claims and settlement amounts?
Here, you’ll get awesome up to date tips on dealing with Lyft’s claims department.
Why do recent tips matter?
Because you want to make sure that you are getting current information. This is important because Lyft is constantly changing how it handles claims. Thus, I continuously update this article.
For example, for car accidents occurring starting May 1, 2019, Lyft made a huge change on its Florida insurance policy.
Lyft has apparently lowered its uninsured motorist insurance limit to $20,000 CSL. This is big news. And it’s bad for Lyft drivers and passengers.
What does CSL mean?
It means combined single limit. The CSL is the most uninsured motorist (UM) coverage that all the passengers and the Lyft driver can recover under Lyft’s insurance policy for one accident.
UM coverage only applies if someone other than the Lyft driver was at fault for causing the crash.
The new UM limit is now just $20,000. Thus, Lyft’s current insurance policy is much worse than the prior one that it had.
Because the prior Lyft policy had $250,000 in UM/UIM coverage. Lyft has now lowered its UM coverage by $230,000!
That’s a huge drop in UM coverage.
What stayed the same in Lyft’s new auto insurance policy?
Lyft kept the same insurance company: Greenwich Insurance Company.
Once again, UM/UIM coverage is uninsured motorist or underinsured motorist insurance coverage. There is still a $1 million CSL limit for liability coverage when the Lyft driver is “engaged in a ride”.
Lyft’s liability coverage pays if the Lyft driver’s negligence caused injuries to someone else.
Lyft Accident Claim and Settlement FAQs
I’ve collected a bunch of frequently asked questions. Please review them carefully before handling a Lyft claim.
Starting Feb 1, 2019, The Travelers Companies, Inc. is handling all U.S. auto insurance claim services for Lyft. I’ve settled over $620,000 in personal injury claims with Travelers. Thus, I know a lot about how Travelers handles accident claims. In fact, Travelers paid me $200,000 of a $300,000 settlement for a car accident claim. That wasn’t a Lyft claim. However, it gave me great insight into Travelers.
However, in regard to Lyft claims, I think that Travelers is just acting as a third party administrator. I don’t believe that Travelers actually insures Lyft vehicles. Greenwich Insurance Company (AXA XL) insures Lyft. So it’s Greenwich’s money that is paying the claim.
York Risk Services Group used to handle Lyft claims. York paid me $45,000 (of a $70,000 settlement) for a Lyft accident.
Yes, if the Lyft driver had collision coverage on his or her auto policy. Lyft calls it “contingent” collision coverage. Also, Lyft’s collision coverage only applies from when the ride is accepted through the ride end.
Collision insurance is a coverage that pays the cost of repairing or replacing your vehicle. You won’t find any mention of collision or comprehensive coverage on Lyft’s certificate of liability insurance.
Thus, Lyft’s collision coverage won’t apply if the Lyft driver has not accepted a ride.
It gets worse:
There is a $2,500 deductible. Interestingly, this deductible is much higher than Uber’s collision coverage deductible. Uber’s collision insurance deductible is only $1,000. Uber beats Lyft in this aspect.
Collision coverage applies regardless of whether the Lyft driver was at fault or not. The coverage amount is up to the actual cash value of the vehicle or the cost of repair, whichever is less.
If a Lyft passenger owns a car, then his or her Personal Injury Protection (PIP) auto coverage will pay up to $10,000 in medical bills. However, PIP only applies in No-Fault states like Florida (and a few others). In Florida, the claimant must get medical treatment within 14 days of the crash. Otherwise, PIP does not apply.
If the Lyft passenger does not own a car, then his or her resident relative’s PIP would pay up to $10,000 in medical bills.
If the Lyft passenger does not live with a relative, then Lyft will pay up to $10,000 of the passenger’s medical bills. Before Lyft will pay any PIP benefits, the claims adjuster will run a search to confirm that the passenger did not own a car. The passenger will need to complete an affidavit stating that he or she did not own a car. If the passenger has an attorney, he or she can complete the statement for the passenger.
The passenger can also make a claim against the at fault party for any medical bills that are not paid by PIP. Of course, the passenger can also make a claim for lost wages, pain and suffering.
Likewise, Lyft’s PIP will pay the Lyft driver’s medical bills up to $10,000. If another driver caused the accident, that driver is liable for any medical bills not paid by the Lyft’s PIP.
The time that it takes to settle a Lyft accident case will depend on the facts of the case. If the Lyft is engaged in a ride, then probably 99.5% of the time, Lyft’s insurance company doesn’t face any pressure to quickly settle.
York handled claims for Lyft’s old insurer, Zurich American Insurance Company.
Why doesn’t Lyft’s insurance company face pressure to quickly settle?
Because Lyft has high liability insurance limits ($1 Million). Combine this with the fact that most injury cases are worth much less than the $1 Million and you have a recipe for no pressure.
Thus, in almost all cases where the Lyft driver was engaged in a ride, Lyft’s insurance company doesn’t have to worry about getting hit with a verdict for above the policy limits.
Again, the $1 million limit is pretty big. At least compared to most personal car insurance policies.
However, if the Lyft driver had the app on, but wasn’t engaged in a ride, then things are different. This is because the Lyft’s bodily injury liability (BIL) insurance limits are much lower.
The limits are $50,000 for death or bodily injury per person/$100,000 for death or bodily injury per accident. In this instance, if the Lyft driver’s negligence caused someone else to get badly injured, Lyft’s insurance company may quickly settle. They would only have to pay the $50K per person/$100K per accident limits.
Lyft’s car insurance works similar to other car insurance. The biggest difference is that Lyft cars usually have much more insurance than your average car.
For example, in Florida, most cars aren’t required to have bodily injury liability (BIL) insurance. Yet, Lyft cars have a minimum of $50,000 per person in BIL coverage. This is good news for people who are injured in a Lyft accident. This $50,000 BIL limit applies regardless of the state, and includes Florida.
It gets better:
If the Lyft is picking up passengers or during trips, Lyft’s insurance policy provides up to $1 million in BIL coverage. For insurance purposes, you’re usually better off being in an accident with a LYFT than with a random car.
The first step is to get medical care if you need it. If you wind up making an injury claim, your payout will be smaller if you waited to get medical care.
In order to get a claim setup, the accident needs to get reported to Lyft. A claim will get set up fastest if either the Lyft driver or passenger reports the accident using the Lyft app. Be careful with what you write in the Lyft app. What you write can later be used against you in your claim.
After the accident is reported, a claim will get set up with Lyft’s insurance company. Once a claim is setup, you will get a claim number. This is your reference number for the case. From that point forward, all of your contact will be through Lyft’s insurance company. You won’t be dealing with Lyft’s safety team.
Lyft uses different car insurance companies in different states. For example, in Florida Lyft uses Greenwich Insurance Company. Greenwich is part of AXA XL. Travelers Insurance Company is handling all Lyft claims in the United States.
Here is my video on Lyft accident settlement amounts and claims.
I wrote a separate article on Uber accident settlements.
First, let’s start off with my settlement with Lyft’s insurance company.
Lyft Passenger Gets $70K Settlement for Car Accident (Miami Shores)
I had a $70,000 settlement for a passenger who was in a Lyft car. Another car hit the car that the Lyft passenger (my client) was in. Lyft’s (York Insurance) $45,000 check is above.
It gets better:
GEICO issued a $25,000 settlement check within just one month after the accident!
You might be wondering:
Why did GEICO send us a $25,000 check so fast?
They quickly issued a check because the GEICO insurance policy had low limits relative to my client’s injuries. Additionally, the driver (who GEICO insured) receiving a ticket for driving too fast for the conditions.
However, GEICO’s $25K check wasn’t enough to compensate my client for his injuries.
Thus, we also made a underinsured motorist insurance claim with Lyft. Fortunately, Lyft had $1 million dollars of underinsured (UIM) motorist insurance that covered its passengers.
Here is Lyft’s old certificate of liability insurance, which shows the $1 million UIM insurance limit.
At the time of this accident, Zurich American Insurance Company insured Lyft. York Risk Services Group handled the claim for Zurich. Zurich paid us $45,000 to settle the passenger’s UIM insurance claim.
As I mentioned above, we settled the entire case for $70,000. Here is what my client said about me as his Lyft accident attorney.
Justin is fast and effective by being ALL THE TIME one step ahead of potential issues with your case. I was impressed with his accurate and rapid responsiveness even for a single phone call or email.. He’s an EXTRAORDINARY professional and human being…two qualities hard to find in a lawyer. I’m positive about referring Justin to everyone.Actual client (Lyft passenger) review on Google Maps (2017)
Greenwich Insurance Company Now Insures Lyft for Car Accidents
For accidents starting September 21, 2018, Lyft’s certificate of insurance says that Greenwich Insurance Company insures Lyft (for Florida claims). Greenwich is part of AXA XL.
However, I’ve heard that York/Lyft sent an email to an injured car occupant stating that Indian Harbor Insurance Company is Lyft’s insurer. This was for a Florida claim. However, this doesn’t really have an impact on claims since Indian Harbor (like Greenwich) is part of AXA XL.
For accidents on or after September 21, 2018, Lyft lowered its uninsured motorist insurance limit. I’m referring to when the Lyft driver is engaged in a ride.
Lyft’s uninsured motorist limit is now $250,000 per accident. (It used to be $1 million.)
This lower uninsured motorist insurance limit applies for accidents starting September 21, 2018 in Florida:
Will Lyft’s First Settlement Offer Be Close to Their Final Offer for Your Injury Claim?
Not from my experience. In the above case that I settled, Lyft’s insurer paid $45,000 of the $70,000 settlement. Their opening offer was $16,000.
Their initial offer was for 36% of their final offer. If we would’ve accepted the initial offer, we would’ve missed out on $29,000.
In most injury cases, it isn’t smart to take their first settlement offer!
How Collision Coverage Works in an Lyft Car Accident (Example)
Let me give you an example of how collision coverage works in an Lyft accident case. Assume that Matt is driving for Lyft with a passenger. Matt is the front car that is rear ended by another car. We’ll call Matt’s car #2. GEICO insures Matt’s car with collision coverage. However, when Matt got insurance, he never told GEICO that he drove for Lyft. (That was a poor decision.)
Car #1 hits Matt’s car. State Farm insures car #1. Matt’s car is damaged badly. After the crash, a tow truck tows the car to the tow yard.
First, Matt should get his car out of the tow yard.
Because the tow yard will charge a daily charge to store his car. Not everyone has money lying around to pay for this.
If Matt has a car towing service like AAA, he should use them to tow the car out of the tow yard.
Let’s assume that State Farm only insures car #1 with $10,000 in property damage (PD) liability coverage. (Remember, car #1 is at fault for this accident.) Unfortunately, having $10,000 in PD liability complies with Florida’s auto insurance requirements. I’m referring to the PD liability insurance requirement for private passenger cars.
The most that State Farm will pay to Matt for his car damage is $10,000. If Matt’s car damage is over $10,000, then it is in Matt’s best interest to make a collision damage claim with his own collision coverage with GEICO. Shortly after receiving the claim, GEICO will deny the claim because Matt never told them that he was driving for Lyft. This is considered a material misrepresentation. It is grounds for GEICO to deny coverage.
However, Matt can then show Lyft’s insurance company (Progressive) a copy of the GEICO’s written denial of collision coverage. Matt will also need to show Lyft’s insurer his GEICO declarations page. Lyft’s insurance company will only pay for Matt’s collision damage if he was engaged in a ride. Fortunately for him, he was.
Earlier, I said that GEICO insured Matt with collision coverage. Since Matt was engaged in ride and had collision coverage, Lyft’s insurer will pay for Matt’s car damage up to its actual cash value. However, Matt will have to pay a $2,500 deductible.
The good news?
Lyft’s insurance company should pay Matt’s car damage rather fast.
If you are injured in Florida, and you hire me as your Lyft accident lawyer, I will also help with you your property damage claim free of charge. We only charge on fee on any property damage recovery if I have to sue.
But don’t worry:
The odds are high that I will not have to sue to get your property damage claim paid.
Again, you need to also be injured for me to be able to represent you. Simply complete this short form for a Free Consultation to see if I can be your Lyft accident lawyer.
Which Injuries Are Worth Over $50K in a Lyft Claim?
If you look at past jury verdicts, you’ll see that some injuries consistently have a full value of pain and suffering of over $50,000.
Some of these are injuries are if you have surgery to fix a:
- Lower leg (tibia) fracture
- Tibial plateau fracture
- Shoulder joint tear (labrum tear)
- Broken wrist (distal radius fracture)
- Rotator cuff tear
- Fracture of a bone in your face
- Herniated disc
- Thumb fracture
- Broken upper leg bone (femur)
- Hip fracture
- Burst fracture or Compression fracture
- Ankle fracture
There are more injuries with a full settlement value above $50,000.
For example, the full value of pain and suffering for a spinal fusion surgery is over $50,000.
A depressed or open skull fracture is worth over $50,000.
Even without surgery, York should pay the $50,000 per person limits for upper leg bone (femur) fracture. They may even pay the $50,000 per person limits for a lower leg bone (tibia or fibula) fracture without surgery. I settled a case with GEICO for over $64,000 for a leg (fibula) fracture.
Therefore, if the Lyft driver had the app on, but wasn’t engaged in a ride, York may quickly pay the $50,000 per person limits for the above injuries. This assumes the Lyft driver’s negligence caused the injury.
How Long Does Lyft Take To Send You a Settlement Check in an Injury Case?
Once you reach a settlement with Lyft’s insurance, they should send the check fast. You should likely get it within 2 weeks.
However, the tougher part of the claim is to get a settlement. In my Lyft accident settlement, Lyft’s insurer quickly sent me the $45,000 check after we agreed upon settlement release language. It took about a week or so to receive the check.
This was in a personal injury case. Some states have laws that give a car insurance company a certain time to give you your check. For example, in Florida, Lyft’s insurer must send you the check within 20 days of you signing a settlement release.
Passenger Gets PIP Benefits Through Lyft’s Insurance (York Handled the Claim)
Lyft’s former insurer in Florida, Zurich American Insurance Company, qualified the passenger for Personal Injury Protection (PIP) benefits. York Risk Services Group, a third party administrator, handled the claim for Zurich.
The passenger got PIP medical benefits through York because he didn’t own a car in Florida, or live with a relative who owned a motor vehicle.
York paid $10,000 of PIP benefits to the passenger’s medical providers for medical treatment.
This crash happened in late 2016.
If this accident would’ve happened on or after July 1, 2017 in Florida, Lyft isn’t required to give PIP benefits to passengers. Florida Statute 627.748(7)(c)1.b. This law doesn’t require Lyft to give any PIP benefits when the car is engaged in a ride.
However, suprisingly, as of September 22, 2017, Lyft still has PIP insurance on all its Florida auto policies.
Lyft is more generous than Uber in this regard.
Zurich Provided Uninsured Motorist Insurance for Passenger
I already mentioned that GEICO insured the other car’s driver. GEICO paid its $25,000 bodily injury liability limits to settle the claim.
Since the Lyft car was in the process of a ride, it was covered by underinsured motorist (UIM) insurance with Zurich.
Zurich paid $45,000 under its UIM insurance coverage to settle the UIM claim.
York Risk Services Uses Different Digits (in Claim Numbers) to Mark the Type of Coverage
Like many third party claim administrators, York Risk Services assigns a claim number for each accident. York puts a digit at the end of the claim number. I’ve seen York use the last digit of the claim number as a 1 or 3.
If York’s claim number ends in a 3, then it is a York Personal Injury Protection (PIP) claim.
Why do you need to know the type of claim?
Because York will send the injured person letters. The letters may have the York adjusters name. However, the letter or email may not say what type of adjuster he or she is.
By knowing the last digit of the claim number, the injured person will know the type of injury claim. Then, the injured person will know the type of adjuster he or she is dealing with.
There is more:
The injured person may be required to give a statement to a PIP or uninsured motorist adjuster. However, the injured person doesn’t have to give a statement to a Lyft bodily injury liability adjuster.
The injured person needs to know the type of York adjuster that he or she is dealing with.
Does PIP Pay Medical Bills and Lost Wages for Lyft Accidents?
If another driver’s negligence caused your injury while you are a Lyft passenger in Florida, and you’re covered by Personal Injury Protection (PIP), it should pay for some of your medical bills and lost wages.
You Have 14 Days to Get Medical Treatment or No PIP Benefits
If you’re entitled to PIP, you must treat within 14 days or you lose your PIP benefits.
PIP is limited to $2,500 if you are not diagnosed with an “emergency medical condition“.
Does a Lyft Passenger’s PIP Pay Medical Bills and Lost Wages if He or She Owned a Car?
Does a Lyft Passenger’s Relative’s PIP Pay Medical Bills and Lost Wages if the Lyft Passenger Did Not Own a Car?
Lyft Driver’s Personal Policy Will Likely Deny Coverage (Because Driving for a Fee)
This is since, in Florida, most Lyft driver’s personal auto policies will likely deny coverage because the Lyft driver was being paid a fee while driving. Most Florida personal auto policies have an exclusion when the insured is driving for a fee.
A Lyft driver may make a PIP claim with his/her personal auto insurer. If this insurer doesn’t know that the driver was working for Lyft when the accident happened, they may (possibly incorrectly) approve the Lyft driver for PIP.
Warning! Drivers should never lie to any insurer.
If the Lyft driver’s personal insurer approves the Lyft driver for PIP, then they may cover the passenger for PIP even if they learn that the car was being operated as a Lyft. Once they provide PIP coverage for the driver, they may also cover the passenger.
Can a Lyft passenger get PIP through Lyft for a Florida car crash?
PIP is included on all Lyft automobiles in Florida. Earlier, I showed you the Lyft insurance certificate that says this.
What happens if a Lyft passenger didn’t own a motor vehicle or live with a resident relative who owned a motor vehicle in Florida?
In this scenario, the passenger qualifies for PIP with Lyft’ insurance company. Thus, Greenwich Insurance (or Lyft’s current insurer) would pay the PIP benefits.
York Risk Services Group Claims (“York”) was handling Lyft claims. Again, I’m not sure if York is handling Greenwich’s claims. Once I hear something, I will update this article.
In this scenario, a passenger will need to complete a Lyft Claim for PIP – Affidavit of No Insurance.
Sometime after the Lyft accident occurred that resulted in my $70,000 settlement, York started using a different Affidavit of No Insurance.
Here is Lyft’s Affidavit of No Insurance, as of July 27, 2018:
You may need to edit the form so that it fits your set of facts.
York will also ask you to complete a PIP Application.
Starting July 1, 2017, Lyft vehicles will be classified as limousines in Florida, and thus will be required to have PIP. Florida Statute 627.748
Does Lyft’s PIP Insurance Have a Deductible?
No. Currently, Lyft’s insurance doesn’t have a deductible for PIP.
Is York entitled to take a passenger’s statement if he makes a PIP claim with them?
Yes. In Florida, an insured seeking PIP benefits, including a passenger, must comply with the terms of the policy. This includes, but is not limited to, submitted to an examination under oath. Florida Statute 627.736.
What can a York claims adjuster ask a Lyft passenger during his PIP statement?
The area of questioning during the examination under oath is limited to relevant information or information that could reasonably be expected to lead to relevant information. This is a pretty liberal standard.
Compliance with this is a condition precedent to receiving benefits. An insurer that, as a general business practice as determined by the office, requests an examination of a passenger without a reasonable basis is subject to s. 626.9541.
Does Lyft Have Medical Payments (“Medpay”) Coverage?
If you look at Lyft’s insurance policy with Zurich, you won’t see Medpay insurance.
However, I represented an injured passenger. Lyft’s PIP insurance paid 100% of his medical bills up to $10,000. Basically, Lyft’s PIP also paid the 20% of the passenger’s medical bills that Medpay would’ve paid.
Thus, in essence, Lyft’s PIP was also acting like Medpay.
What happens if you’re covered under a separate auto insurance policy with Medical Payments (“Medpay”) Coverage?
It may pay for the medical bills the 20% that Lyft’s PIP doesn’t pay, up to $10,000.
Bills Should Be Submitted to Health Insurance (After PIP Pays)
In Florida, your health insurance coverage should pay medical expenses that PIP and Medpay do not pay. In Florida, health insurance is secondary to PIP and Medpay.
This means that PIP needs to be billed first. After PIP and medical payments coverage are billed, your health insurance may pay the bills.
If your health insurance pays your medical expenses, you may have to pay them back from your personal injury settlement with the responsible parties.
Passenger May Have a Personal Injury Claim Against Another Driver
If another driver’s negligence caused injury to a passenger of a Lyft vehicle, the passenger can make against the other driver’s bodily injury liability (BIL) coverage in his auto insurance policy.
Can You Sue a Lyft Driver if the Lyft Driver Didn’t Cause the Crash?
It will be interesting to see if Lyft cars continue to have UM insurance after July 1, 2017. That is the date that Lyft becomes legal throughout Florida.
Lyft Has $250K uninsured motorist bodily injury coverage per incident
In the event that another motorist causes an accident with a Lyft vehicle and doesn’t carry enough liability insurance, a Lyft passenger(s) can make a claim with any uninsured motorist (UM) coverage to which he is an insured.
In addition those UM claims, Lyft’s $250,000 uninsured motorist insurance coverage covers bodily injury to all passengers of the Lyft vehicle.
Before September 21, 2018, Zurich insured Lyft with a $1 Million dollar uninsured motorist insurance policy.
Uninsured motorist insurance gives protection in a hit and run or if the negligent driver is uninsured or underinsured.
If You Weren’t Wearing a Seat Belt, Does This Affect the Claim?
Possibly. The first question to ask is, “Was the occupant wearing a seat belt?”
If the answer is No, then you must ask, “Was there an operational and available seat belt in the car?”
If there was an operational and available seat belt, but the occupant wasn’t using it, the insurance company may argue the “seat belt defense”.
The seat belt defense says that the injured person may have been, at least partially, at fault for contributing to his or her injuries for failure to wear an operational and available seatbelt.
The bad news?
The injured person’s compensation should be reduced accordingly. The person who wasn’t wearing a seat belt should expect the responsible insurance company to make this argument. They may make this argument even if the injured person was a back seat passenger.
More about Lyft’s Old Insurer (Zurich)
Zurich is subject to Florida Insurance Guaranty Association (FIGA). This means that if Zurich becomes insolvent (runs out of money), you still may make a personal injury claim for up to $300,000 with the Florida Insurance Guarantee Association.
Can York use everything that a York passenger says against him/her in a UM insurance claim?
Yes. So use caution with everything that you say or put in writing. The York adjuster wants to save Zurich money. He or she is not your friend.
Is Lyft’s Insurance Company Good?
Currently, Lyft is insured with Zurich American Insurance Company. York Risk Services Group handles Zurich’s claims for Lyft accidents.
The good news?
Zurich has a reputation for paying above average for personal injury claims. Zurich’s reputation is similar to USAA in regard to paying above average for injury settlements.
Their goal is to pay you as little as possible.
Can You File a Lawsuit Against Lyft?
If you have a UM insurance claim with Lyft’s insurer, Zurich, and they aren’t making a fair offer, you can sue.
Your lawsuit would be against Zurich, not Lyft. This is because Zurich is the UM insurer.
Can York Require a Passenger to Go to York’s Doctor To Be Examined if the Passenger Makes a UM claim?
Yes. In Florida, uninsured motorist policies typically have wording that requires an insured seeking UM benefits to show up at a medical examination (CME) conducted by a doctor chosen by Zurich.
I would think that Zurich has this language in their insurance policy. A passenger is considered an omnibus insured under an auto insurance policy.
Florida cases that allow them to do this are State Farm Mutual Automobile Insurance Co. v. Curran, 83 So.3d 793 (Fla. 5th DCA 2012); Wapnick v. State Farm Mutual Automobile Insurance Co., 54 So.3d 1065 (Fla. 4th DCA 2011).
How do you make a claim with Lyft’s insurer, Zurich?
York is the third party claims administrator (TPA) for Lyft’s insurer, Zurich. York’s info is:
Zurich American Insurance Company
C/O York Risk Services Group, Inc.
Attn: PIP, BI and/or UM Claims
PO BOX 183188
COLUMBUS OH 43218
Claim No.: LYFTXXXXXX
Lyft driver: xxxxxx
Zurich’s info is below. However, even though Zurich insures Lyft, York handles Zurich’s claims. So don’t use this Zurich info unless York isn’t responding to you.
File a Claim Online: File a claim online
Email: [email protected]
(877) 962-2567, Attention: Claims Department
By Mail: Claims Department
Zurich American Insurance Company
Attn: Lyft Claims
1400 American Lane
Schaumburg, IL 60196-1056
By writing “Attn: Lyft Claims”, this may get your letter to the proper adjuster faster.
What If You’re Visiting Florida, and You’re Injured in a Lyft Accident?
If you’re injured in a Lyft accident in Florida, while visiting from another state, the claim gets more complex. The out of state visitor is usually in Florida for one of two reasons. They are either here for:
- A vacation (or pleasure)
- Business (work related)
In either instance, the injured person is even more likely to need a Lyft personal injury lawyer to protect their rights. This is because multiple state laws may apply.
Let’s first look at the slightly more complicated of the two above situations. That is, someone who is injured in an Lyft accident while in Florida for work purposes.
What Happens if You’re Hurt in an Lyft Accident in Florida While on a Business Trip from Another State?
Assume that you’re visiting Florida for work purposes. You live in another state. Maybe you’re a consultant, or perhaps you deal with cyber security. Or maybe you have some other type of job. Regardless, you’re in Florida on a business trip.
If you’re injured while you are a passenger in an Lyft, you should report the accident to your employer.
Because you don’t want to lose potential valuable workers’ compensation coverage by not reporting an Lyft accident to your employer.
Once your employer’s workers compensation insurer gets notice of the Lyft accident, it will do one of two things. Workers comp will either accept the claim as compensable, or deny the workers compensation claim.
If the workers compensation insurer accepts the claim, it will pay for all necessary medical treatment and hospitalization services. Workers compensation will also pay around 66 2/3% of your lost wages caused by the Lyft accident.
If workers’ compensation denies the claim, it will likely say that you were not in the course and scope of your employment at the time of the Lyft accident. This may (or may not) happen if you get hurt while you were in an Lyft on the way to somewhere that was not specifically business related. An example is a meal that was not a “business lunch or dinner” with a client.
Even if the workers’ compensation insurer denies benefits, it may be dead wrong. This is because, even if you’re out of state law doesn’t cover you, Florida workers’ compensation law will likely cover you if you were injured in an Lyft accident while in Florida for business travel. Florida’s workers compensation laws are very (broad) generous in this regard.
Again, the key is to report the Lyft accident to your employer. Report the accident even if you think you will be at the company for the rest of your career. I’ve represented people who were injured in an accident. They thought that they would be a lifelong employee at their company. Yet, at some point they get fired. Additionally, the economy can tank at any time. We never know what may happen.
In addition to a workers’ compensation claim, you should make a PIP claim with Lyft. Lyft’s insurance policy has PIP.
Further, the Lyft passenger can make a personal injury claim against the at fault party for causing his or her injury. If the Lyft driver was careless and caused the crash, Lyft’s insurance company is on the hook. If a driver of another car caused the accident, then the other driver’s insurance company is owes you compensation.
Here is where having a personal injury lawyer really helps:
Your workers compensation insurer will ask to be paid back from your personal injury settlement with the at fault parties. However, if you hired an attorney, you have some leverage. Specifically, the workers compensation insurer will likely have to reduce it’s lien (pay back amount) by your attorney’s fees and costs. This can result in a big savings to you! Your ability to reduce the workers’ compensation lien will depend on the out of state workers compensation law.
If you’re injured in an Lyft accident in Florida, you can find out for Free if I am able to represent you.
What happens if a Lyft driver hits a motorcyclist?
If a Lyft driver hits a motorcyclist, the motorcycle rider may have a case. However, the motorcyclist only if the Lyft driver was at fault.
If the Lyft driver did nothing wrong to cause the accident, the motorcycle rider does not have a case. In this instance, at best the motorcyclist can make a claim with his or her insurance company to fix the motorcycle. If the motorcycle was insured with Medpay coverage, it will pay the rider’s bills. Medpay pays up to the limit as stated on the insurance policy.
Let’s assume that the Lyft driver was at fault in an accident. In this instance, if the Lyft driver was en route to pick up a passenger or during a trip, Lyft has $1 million of bodily injury liability (BIL) coverage. In most cases, this should be enough to pay for the fair settlement value of the motorcycle rider’s personal injury claim.
However, there are times where $1 million may not be enough to cover the motorcycle rider’s injury claim. For example, if the motorcycle rider died, the Lyft driver’s $1 million BIL may not be enough to pay for the value of the claim. This is particularly true if the motorcycle rider was survived by a spouse or minor children. For example, in Florida, the full settlement value of a spouse’s wrongful death claim can exceed $1 million. Likewise, a child’s wrongful death claim for the death of a parent may be worth more than $1 million.
Motorcyclist’s Wife Sues (and Settles) with Lyft Driver for Her Husband’s Death
Let’s look at an actual lawsuit where the wife of a Lyft motorcycle rider sued the driver that hit him and Lyft.
But before I tell you what happened, I want to give you a tip:
You need an attorney to sue Lyft in court.
Otherwise, you are asking for major problems. I highly recommend hiring a Lyft accident attorney who has settled at least one case for over $40,000 with Lyft’s insurance company. As I’ve already shared with you, I have.
OK. Let’s get back to this case. This is not my case. However, to better learn how Lyft handles accident lawsuits, I read the court file. And I created a crash diagram (above). The diagram is not to scale. That said, it gives a general illustration of the accident.
The motorcycle rider’s family filed the lawsuit in Miami-Dade County state court.
The lawsuit alleged that on October 31, 2015 at 5:43 p.m., a Lyft driver was trying to make a left hand turn from NE 1st Avenue onto NE 36th Street. A motorcyclist was traveling west on NE 36 Street. The lawsuit alleged that the Lyft car and the motorcycle rider crashed.
Sadly, the motorcyclist died at Jackson Memorial Hospital. As is common in most motorcycle accidents, the Lyft driver denied liability.
The motorcyclist was survived by his pregnant wife. About a year and a half after the accident, she settled with Lyft. Like all Lyft lawsuit settlements, court records do not say the settlement amount. The court records say that the settlement paid for the motorcycle rider’s son four year Florida pre-paid college plan. That plan costs about $19,000. Thus, we can assume that the settlement was for at least $19,000.
However, the court order also said that remaining portion of the minor’s settlement shall be used to purchase a structured settlement. Thus, Lyft’s insurance company paid more than $19,000.
If a minor child gets a settlement, it often needs to be approved by the court. At least this is the case in Florida.
In Florida, if a minor gets $15,000 “in his or her pocket” after attorney’s fees, costs and medical bills, the money must be placed in a structured settlement. The minor can’t touch the money until age 18. A structured settlement is an annuity.
Each state has a different law regarding minor child’s settlements. I am a Lyft accident lawyer in Florida. Thus, I only know Florida’s laws.
Articles for Visitors From Another State Who are Injured in Florida Car Accidents
Here are some other articles for out of state victims injured in Florida Lyft accidents.
- Out of State Visitors Hurt in Florida Car Accidents (Settlements & Claims)
- California Residents Hurt in a Florida Car Accidents
- Georgia Residents Hurt in Florida Car Accidents
- Illinois Residents Hurt in Florida Car Accidents
- New Jersey Residents Hurt in Florida Car Accidents
- New York Residents Hurt in Florida Car Accidents
- Texas Residents Hurt in Florida Car Accidents
How Long Do You Have to Sue After a Lyft Accident?
It will depend in the state where the Lyft accident happened. Since I’m a Florida lyft accident lawyer, I’ll talk about Lyft cases in Florida.
In Florida, you have generally have four (4) years to sue a Lyft driver for negligence. This same 4 year time limit applies if a Lyft passenger is suing the the driver of another car.
If you’re making an uninsured motorist (UM) claim with Lyft’s insurance company in Florida, then you have 5 years to sue for UM benefits.
If your family member is killed to a Lyft driver’s (or the other driver’s negligence) negligence, there are essentially two time limits that affect Florida wrongful death cases. The general statute of limitations (time limit) that applies to the majority of wrongful death cases says that a lawsuit for wrongful death must be filed within two years after the cause of action starts. Fla. Stat 95.11(4)(d).
Thus, in most cases, a family member will have 2 years (after the death) to sue a Lyft driver for wrongful death. The same time limit applies for suing a driver of the car for wrongful death.
However, if the decedent dies after expiration of the 4 year time period applicable to negligence and a lawsuit has not been filed before the death, then a wrongful death lawsuit based on negligence is not allowed. Ash v. Stella, 457 So. 2d 1377 (Fla. 1984).
If the decedent dies within the 4 year deadline for negligence, the wrongful death lawsuit against a Lyft driver will be allowed so long as it is filed within the two year deadline that apply to wrongful death lawsuits. Pait v. Ford Motor Co., 515 So. 2d 1278 (Fla. 1987).
Thus, you (or your attorney) need to look at the 4 year deadline that applies to the negligence to see if the death occurred during that applicable time period. If the death happened within that time limit, then the deadline applicable to the wrongful death lawsuit will have to be complied with.
The loss of a loved one is tragic. This is especially true when the death is due to a Lyft accident. However, you don’t want to miss the wrongful death deadline and forever lose your claim. This is especially true when the settlement value of wrongful death cases is often large.
- Settlements for a child whose parent is killed due to negligence
- Claims and settlements for a parent whose child is killed due to negligence
- Settlements for someone whose spouse (husband or wife) is killed due to negligence
Can A Passenger Get Liability and Uninsured Motorist Coverage under the Same Lyft Policy?
Yes, at least in Florida Lyft accident cases.
A Lyft passenger can get compensation under the Lyft driver’s bodily injury liability coverage, as well as under the Lyft driver’s UM coverage provided in the same policy, based on the negligence of an uninsured second driver. Armstrong v. Allstate Ins. Co., 712 So.2d 788 (Fla. 2d DCA 1998); Woodard v. Pennsylvania National Mutual Insurance Co., 534 So.2d 716 (Fla. 1st DCA 1988)
That said, if the only vehicle involved in the crash was the Lyft car, the passenger can only make a injury liability claim. He or she can’t also make a Lyft uninsured motorist insurance claim.
Let’s assume that there were two vehicles involved in the Lyft wreck. In this scenario, the Lyft passenger often won’t need to pursue both a liability and a UM claim with Lyft. This is because most passenger injury claims are worth under $1 million. Thankfully, most car accident injuries aren’t life altering.
When is a Lyft passenger is most likely to need to make a claim under the Lyft driver’s liability and UM coverage?
Additionally, if a Lyft passenger suffers a hand or above the knee amputation he or she will likely need to make a claim against the Lyft driver’s liability and UM coverage.
Likewise, if a passenger has a fracture that requires several surgeries (and infection), it may be worth over $1 million. Although not a Lyft case, a woman broke her kneecap (patella) from an accident. Things went downhill from there, fast.
She had a whopping, six surgeries. During the course of these surgeries she had complication and an infection. A judge awarded her $3 million.
Does Lyft’s Insurance Company Pay Better Than Uber’s Insurance Company?
I’m not making a comment as to how Progressive is as Uber’s insurer. I don’t have an opinion on that. My comment is that Progressive is general is very cheap.
I would prefer dealing with Lyft’s insurer (Zurich) any day over Uber’s insurer (in Florida), Progressive.
I settled an Uber driver’s accident case for $260,000. However, the at fault driver had big insurance limits. Thus, CNA insurance paid the claim. I didn’t even make an uninsured motorist claim with Progressive.
You can see my video on that $260K settlement here:
See more of my personal injury settlements.
A Small Number of Companies Sell Rideshare Insurance in Florida
It is my understanding that Foremost Insurance (part of Farmers Insurance), Infinity Insurance, and Great Florida are a few auto insurers that sell insurance to Lyft drivers in Florida. So, if one of those companies insures the Lyft driver, then they may pay you PIP Benefits.
However, in the Lyft case that I settled, Lyft’s PIP insurance was the primary PIP insurer.
On July 1, 2017, Lyft became legal throughout the entire state of Florida. Florida Statute 627.748
More and more auto insurers will likely start to sell Rideshare insurance to Lyft drivers.
I want to represent you!
I am a Miami Lyft accident lawyer who represents people injured anywhere in Florida for car accidents, truck accidents, slip, trip and falls, motorcycle accidents, bike accidents, drunk driving crashes, pedestrian accidents, taxi accidents, and many other types of accidents.
We want to represent you if you were hurt in an accident in Florida.
Call Us Now!
Call us now at (888) 594-3577 to find out for FREE if we can represent you. We answer calls 24 hours a day, 7 days a week, 365 days a year.