What Happens if an Uber or Lyft Driver Hits a Pedestrian?

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Walking is healthy, economic, and environmentally friendly. Many people rely on their own two legs to get them to work, visit family, and feel connected to their community. Unfortunately, however, walking also leaves us vulnerable to catastrophic auto-accidents. Without the protection of airbags or a helmet, pedestrians are comparatively unprotected and often suffer terrible injuries or even death from auto-accidents. When the driver that hit you is affiliated with a big rideshare company like Uber or Lyft, things can get even more complicated.

Making a No-Fault Claim

 

If you have been hit by a rideshare vehicle while walking, you should be sure to file a claim with your No-Fault insurance provider. No-Fault benefits include Personal Injury Protection (PIP), Property Protection (PPI), and Residual Liability Insurance. This coverage can help cover medical bills and lost wages as well as provide compensation to any victims if you were at fault for the accident.

What if the Rideshare Driver Caused the Accident?

 

Because pedestrians are so vulnerable, their injuries are often extensive, and their medical bills can be too high for their PIP to cover. Luckily, so long as the pedestrian was not 50% or more at fault for the accident, they may be able to get compensation for a serious injury as well as their pain and suffering.

While an Uber or Lyft driver’s personal liability insurance must be used first, auto-insurance companies often deny the driver’s claim because they were driving commercially. If their claim is denied, the rideshare service’s insurance will apply. Uber and Lyft have tiered coverage based on the phase of the ride in which the accident occurred.

If the driver had the app on and was waiting for a ride request when the accident happened, the following coverage applies:

  • $50,000 in bodily injury per person
  • $100,000 in bodily injury per accident
  • $25,000 in property damage per accident

– If the driver was enroute to pick up the passenger, the passenger was entering the car, or the driver was transporting the passenger to their destination the following coverage applies:

  • $1,000,000 third-party liability
  • Uninsured/underinsured motorist bodily injury and/or first-party injury insurance
  • Contingent comprehensive and collision (up to actual cash value of car with a $2,500 deductible)

If the driver was not logged into the app, only their personal insurance coverage applies.

Can a Pedestrian be at Fault?

 

While it is rare, pedestrians can be at fault for auto accidents. Dangerous actions like jaywalking and darting out into the road when a car couldn’t see you violate a pedestrian’s duty of care. However, even if the pedestrian did cause the accident, they can still recover benefits through their No-Fault insurance coverage.

Many defense lawyers also like to put blame onto pedestrians through Michigan’s comparative fault law. If they can prove that a pedestrian was partially at fault for their injuries, then they do not have to pay full damages. For instance, if a pedestrian is found 25% at fault, then the defendant would only have to pay 75% of what they otherwise may have been required to. Uber and Lyft are big companies that will do everything they can to avoid paying victims what they deserve. Having an experienced Michigan pedestrian accident attorney on your side can help you prepare for tricks like this.

Hurt in an Uber or Lyft Accident? Call Us.

 
If you or a loved one was injured as a pedestrian in an Uber or Lyft accident, talking to a lawyer can help alleviate the stress of your situation. At the Mike Morse Law Firm, we know accidents can be painful and costly and we will do everything we can to get you the compensation you deserve. Call us at 855-MIKE-WINS (855-645-3946) or visit our contact page to set up a free consultation.

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