Lyft Accident Lawyers

Lyft Accidents in Colorado

Lyft launched in Denver in September 2013, before rideshare companies were even legally authorized in Colorado. The state legislature responded by passing TNC regulations the following spring, making Colorado the first state in the country to create state-level regulations for Transportation Network Companies. Today, Lyft operates across Colorado in Denver, Boulder, Colorado Springs, Fort Collins, Pueblo, and mountain resort communities including Aspen, Vail, and Steamboat Springs.

While Lyft accident claims share similarities with rideshare accidents generally, there are Lyft-specific insurance arrangements, claims processes, and legal hurdles that require focused attention. Lyft classifies its drivers as independent contractors and maintains its own insurance program with specific coverage tiers. Understanding these Lyft-specific details is critical to building a strong claim.

Lyft's Insurance Coverage in Colorado

Lyft's commercial insurance program is administered through Mobilitas Insurance Company, a subsidiary of CSAA Insurance Group that was built specifically for the rideshare market. Mobilitas carries an "A" (Excellent) financial strength rating from AM Best. The insurance coverage available after a Lyft accident depends on the driver's status in the app at the time of the crash.

Period 1: App On, Waiting for a Ride Request

When a Lyft driver has the app on and is waiting for a ride request, Lyft provides limited contingent liability coverage: $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 for property damage. This coverage is contingent, meaning it only applies after the driver's personal auto insurance denies the claim. Most personal auto policies exclude commercial driving activity, which creates a dangerous coverage gap during this period.

Period 2: En Route to Pick Up a Passenger

Once a Lyft driver accepts a ride request and is driving to the pickup location, Lyft's $1 million commercial liability policy takes effect. This coverage applies to injuries sustained by the driver, passengers in other vehicles, pedestrians, and cyclists. Uninsured/underinsured motorist coverage is also in effect during this period.

Period 3: Passenger in the Vehicle

From passenger pickup through dropoff, Lyft maintains its full $1 million commercial liability policy. This is the highest level of coverage and includes liability for bodily injury and property damage, uninsured/underinsured motorist coverage, and contingent comprehensive and collision coverage (subject to a deductible for vehicle damage). If you were a passenger in a Lyft vehicle when a crash occurred, this $1 million policy is the primary source of coverage for your injuries.

Filing a Claim Against Lyft

Filing a Lyft accident claim starts in the app. Passengers and drivers can report an accident by selecting "Help" then "Report a safety issue or accident" from the Lyft app's menu. The accident report form takes approximately 10 to 15 minutes to complete and asks for the date, time, location, a description of what happened, and details about any injuries or vehicle damage. You can also submit a claim directly through Lyft's website at lyft.com/arow.

After you file a report, Lyft's Claims Customer Care team will contact you and begin an investigation. However, it is important to understand that Lyft's claims team works for Lyft, not for you. Their goal is to resolve the claim for as little as possible. Before accepting any settlement offer from Lyft or Mobilitas Insurance, you should speak with a personal injury attorney who can evaluate whether the offer fairly compensates you for your medical expenses, lost wages, pain and suffering, and other damages.

One challenge specific to Lyft claims is obtaining the trip data and driver information needed to prove which coverage period applies. Lyft controls this data and may not readily share it. An experienced attorney can issue preservation demands and subpoenas to obtain this critical evidence before it is lost or overwritten.

Lyft's Arbitration Clause

Every Lyft user agrees to the company's Terms of Service, which contain a mandatory arbitration clause. This clause requires users to waive their right to a jury trial and to resolve disputes through binding arbitration on an individual basis. Class actions and class arbitrations are not permitted under Lyft's terms.

This is a significant legal barrier. In practice, it means Lyft can move to compel arbitration if you file a personal injury lawsuit against the company directly. Courts have enforced Lyft's arbitration clause in personal injury cases, including a notable New York ruling where a court dismissed a passenger's injury complaint and compelled arbitration based on the scrollwrap agreement the rider accepted when creating their account.

However, the arbitration clause does not necessarily prevent all litigation. Claims against the Lyft driver personally, claims against third-party drivers, and claims filed in small claims court may fall outside the scope of the arbitration agreement. Lyft's Terms of Service do allow claims to be brought in small claims court. An attorney experienced in rideshare accident cases can evaluate the best legal strategy to pursue maximum compensation given these constraints.

Common Lyft Accident Scenarios

Lyft accidents can involve a wide range of circumstances. The type of accident determines which parties may be liable and which insurance coverage applies:

• Passenger injured in a Lyft crash: If you were riding in a Lyft when the driver caused an accident or another driver struck the vehicle, Lyft's $1 million Period 3 coverage applies. You may have claims against the Lyft driver, the other driver, or both.

• Struck by a Lyft driver: If a Lyft driver hit your vehicle, the available coverage depends on whether the driver had a passenger, was en route to a pickup, or was just waiting for a request. Determining the app status at the moment of impact is essential and requires obtaining data from Lyft.

• Pedestrian or cyclist hit by a Lyft driver: Pedestrians and cyclists struck by Lyft drivers face the same coverage-tier complexities. Distracted driving caused by app use is a common factor in these accidents.

• Unsafe pickup or dropoff accidents: Lyft drivers frequently stop in traffic lanes, double-park, or pull over in unsafe locations to pick up or drop off passengers. These sudden stops create hazards for other drivers and can cause rear-end collisions and sideswipe accidents.

• Catastrophic and fatal Lyft accidents: Lyft accidents can result in catastrophic injuries or wrongful death. The $1 million policy limit may not be sufficient to cover the full extent of damages in these cases, and identifying every available source of insurance coverage becomes critical.

What to Do After a Lyft Accident

1. Get medical attention immediately: Your health is the priority, and prompt medical records directly link your injuries to the accident.

2. Call 911 and get a police report: An official police report documents the scene, identifies the parties, and often notes the at-fault driver. This is essential evidence for your claim.

3. Screenshot your Lyft ride details: Before you close the app, screenshot the driver's name, photo, vehicle information, license plate, and trip details. This information may become difficult to access later.

4. Report the accident through the Lyft app: Use the app's Help section to report the accident. This creates a record with Lyft and triggers their insurance process. You can also use Lyft's emergency 911 feature in the app, which automatically shares your real-time location, vehicle make and model, and license plate with first responders through RapidSOS.

5. Document the scene: Photograph vehicle damage, your injuries, road conditions, traffic signs, and skid marks. Get contact information from any witnesses.

6. Do not give a recorded statement to Lyft or their insurer: Mobilitas Insurance or Lyft may contact you quickly seeking a recorded statement. You are not obligated to provide one, and anything you say can be used to minimize your claim.

7. Contact a Lyft accident attorney: Lyft accident cases involve layered insurance policies, corporate legal teams, and arbitration agreements. Experienced legal representation ensures that the correct policies are identified and that you receive full compensation.

Contact a Colorado Lyft Accident Lawyer

Lyft accident claims require an attorney who understands the specific insurance structure, the Mobilitas claims process, and the legal implications of Lyft's arbitration clause. The personal injury attorneys at Anderson Hemmat have the experience and resources to take on Lyft and their insurers to fight for the compensation you deserve.

Whether you were a Lyft passenger, another driver, a cyclist, or a pedestrian injured in a Lyft accident in Colorado, we can help. Our office is located at 5613 DTC Parkway, Suite 700, Greenwood Village, CO 80111. Contact us today for a free case evaluation or call (303) 782-9999.