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Our Lyft Accident Attorneys Aggressively Pursue Compensation on Behalf of the Injured
Houston Lyft Accident Law Firm
Thousands of people have been injured in Houston rideshare accidents, and they deserve justice.
Lyft and other rideshare companies have exploded in popularity over recent years. Lyft has about a 29 percent market share of the United States rideshare industry. It is estimated that Lyft drivers provide over 620 million rides per year across the United States. While Lyft proves a convenient service to many commuters and casual riders, there are also some serious risks associated with rideshare companies. At The de la Garza Law Group, we represent those who have been injured or assaulted during a Lyft ride. Our team of experienced Houston personal injury attorneys works diligently to obtain maximum compensation for the injuries our clients have endured while riding with or driving for Lyft.
Mario de la Garza is a good lawyer. He was compassionate and patient and provided good counsel when solutions appeared non-existent. - HP
Houston Lyft Accidents Are Not Unusual
Lyft operates in over 300 cities across the United States, including in Houston, Austin, San Antonio, Dallas and throughout Texas. What makes Lyft convenient for many of its users is also what can make the service so dangerous. That is, a complete stranger shows up to take a rider to their destination. While some riders may assume that there are strict qualifications that must be met before a person is eligible to become a Lyft driver, that is not the case. In fact, drivers with as little as one year of experience are eligible to drive for the rideshare company.
Thousands of people have been injured in Houston rideshare accidents. According to a recent research report conducted by the University of Chicago and Rice University, the presence of rideshare companies increases the number of fatal accidents. Researchers looked at the rate of fatal accidents in a given city before and after rideshare companies opened up shop, comparing the results. Researchers discovered that rideshare companies not only increased the traffic in a city, but that they were also responsible for a two to three percent increase in the total number of fatal traffic accidents in cities where they operate.
Can Injured Riders Hold Lyft Responsible?
One of the most common questions we get from those who have been injured after a Houston Lyft accident is whether Lyft can be held accountable after a serious Houston rideshare accident. The answer is yes.
Most Lyft accidents fall within the company’s insurance coverage. Under state law, Lyft and other rideshare companies must maintain a certain amount of insurance coverage. Specifically, the required limits are $50,000 per person/$100,000 per accident in bodily injury coverage and $25,000 per accident in property damage coverage. In addition, rideshare companies must have increased insurance limits to cover accidents once a driver picks up a passenger. The required insurance in these instances is $1 million.
Learn more about Lyft accidents and insurance with our infographic.
Taking the above into consideration, the insurance companies that cover these rideshare companies break down the rideshare experience into three different phases. The availability and amount of insurance coverage depend on when an accident occurs.
- Phase One: When a Lyft driver’s app is off, or they are not accepting rides;
- Phase Two: The Lyft app is open, the driver is accepting rides, but has not yet been paired with a passenger; and,
- Phase Three: When the Lyft driver is paired with a passenger and through the duration of the ride.
Of course, insurance companies do not necessarily approve all claims, and some accident victims must file a case in a court of law to compel an insurance company to pay out on a claim. Other times, an accident victim’s injuries are so severe that the available insurance coverage is inadequate. At The de la Garza Law Group, we have extensive experience handling all types of car accident claims, including Lyft accidents. We are accustomed to dealing with difficult insurance companies, and know how to present a claim persuasively in hopes of obtaining a fair settlement offer. And as experienced trial attorneys, when insurance companies are unwilling to engage in fair negotiations, we will not hesitate to take a case to trial.
Sexual Assault Occurring in Lyft Vehicles
Last year, fellow rideshare company, Uber, released a report explaining that there were nearly 3,000 reports of sexual abuse in Uber vehicles in both 2017 and 2018. The numbers for 2019 have not yet been released. While Lyft has not released this information, Lyft drivers and passengers have likely experienced sexual assaults at a similar rate. Of course, Lyft has a smaller market share than Uber, but there are still potentially hundreds of people who have been sexually assaulted in Lyft vehicles.
Those who have been sexually assaulted in a Lyft vehicle may also be entitled to monetary compensation for the injuries – both physical and psychological – that they have sustained. Of course, the legal theories in Lyft sexual assault cases are very different than in auto accident cases. Thus, anyone who has endured any acts of sexual violence while riding in or driving a Lyft vehicle should reach out to a dedicated Houston personal injury lawyer for immediate assistance.
Uninsured Motorist Accidents
Lyft’s insurance policy provides several types of coverage. Those who have been injured in a Texas Lyft accident can pursue a claim for compensation against the parties that were responsible for the accident. In many cases, the driver of the Lyft is the one who is responsible for causing an accident, and, in these cases, an injury victim can file a claim against either the driver or with Lyft’s insurance policy. However, each year there are hundreds of Texas rideshare accidents in which another motorist is the at-fault party. In these situations, an accident victim may still be eligible for compensation, however, the process can be a bit more complex.
Houston Lyft Insurance Policies
Lyft’s insurance policy provides several types of coverage. The availability of coverage, as well as the extent of the coverage provided, depends largely on when during the rideshare process the accident occurs. For example, in Texas, the rideshare experience is broken down into four phases:
- Phase 0: The Lyft app is off, and the driver is using their car for personal purposes.
- Phase 1: The Lyft app is open, and the driver is awaiting a ride request.
- Phase 2: The Lyft app matched the driver with a passenger, and the driver is on their way to pick up the passenger.
- Phase 3: The Lyft driver has a passenger in the vehicle.
Coverage for Texas Lyft Drivers
For Lyft drivers, determining the availability of the company’s insurance coverage at each phase is critical. To start, when a driver is not using the Lyft app, and they are using their car for personal reasons, Lyft’s insurance policy is not implicated and a Lyft driver who is involved in an accident will either look to the at-fault party’s insurance or their personal auto insurance.
At the other end of the spectrum, the coverage that applies while a rider is in the vehicle is clearly established under Lyft’s insurance policy as:
- $1,000,000 in third-party liability;
- $1,000,000 in uninsured/underinsured motorist protection
However, there is a gap in these two coverages when the Lyft app is on and the driver is waiting for a ride request to come in. Notably, Lyft’s UIM coverage does not apply in this situation. However, Lyft maintains “contingent coverage” for accidents occurring during this phase, meaning that it is coverage will act as back-up coverage to the Lyft driver’s personal policy. The coverage amount is significantly less, providing only $50,000 per person up to $100,000 per accident. Additionally, it is not uncommon for Lyft’s insurance company to take the position that claims arising during this period should be covered by the driver’s personal policy. This can leave Lyft drivers in the unfair spot of having access to two insurance policies, neither one of which is offering to cover their injuries.
Coverage for Texas Lyft Passengers
When it comes to Lyft passengers, the only relevant portion of the rideshare experience is Phase 3, as this is the only time in which the rider is in the Lyft. During Phase 3, Lyft provides the following insurance coverage:
- $1,000,000 in third-party liability;
- $1,000,000 in uninsured/underinsured motorist protection
Thus, regardless of whether the Lyft driver is at fault, or if a third-party is at fault, Lyft’s insurance policy will provide up to a total of $1 million in coverage, either through UIM coverage or through third-party liability coverage. If the Lyft driver was responsible for the collision, then an accident victim would be pursuing a claim under Lyft’s third-party liability coverage.
In situations where the Lyft driver was not the at-fault driver, the primary source of compensation would be through the at-fault driver’s car insurance policy. However, often, a driver’s insurance policy does not have enough coverage to fully compensate an accident victim. Indeed, the minimum legal car insurance requirements in Texas are only $30,000 per person and $60,000 per accident. When an at-fault motorist does not have enough insurance to fully compensate an accident victim, Lyft’s uninsured/underinsured motorist (UIM) protection policy may be implicated.
Situations in Which Lyft’s Uninsured or Underinsured Motorist Coverage Applies
Lyft’s under/uninsured motorist protection policy kicks in when two conditions are met, 1.) another motorist causes an accident that results in an injury to the Lyft driver or a Lyft passenger, and 2.) that driver either has no car insurance or has insufficient protection to cover the accident victims’ injuries.
The question frequently comes up whether Lyft’s UIM policy covers Texas hit-and-run accidents. Yes, as long as the accident occurred while the Lyft driver was transporting a rider and the at-fault motorist cannot be identified. There are two situations where a hit-and-run Lyft accident would not be covered:
- If the identity of the hit-and-run driver was known; and
- The Lyft driver is not online and accepting rides.
Pursuing a Claim After a Lyft Accident With an Uninsured Motorist
While Lyft provides UIM coverage, the decision whether to pay out on a claim rests with the insurance company. Insurance companies are for-profit companies that are looking out for their own bottom lines, rather than for what is best for accident victims. Even the most valid claims can be denied based on technicalities or perceived loopholes. Those who have been injured in an uninsured Lyft accident should reach out to a dedicated Houston personal injury attorney for immediate assistance.
Contact The de la Garza Law Group to Speak With an Experienced Houston Lyft Accident Lawyer
Houston Lyft accidents happen every day, forever changing the lives of those who are impacted. At The de la Garza Law Group, we represent clients injured in Houston rideshare accidents. Our team of attorneys provides clients with a unique form of client-centered representation that puts their needs first. At The de la Garza Law Group, every case is personal. While we have over 30 years of combined experience handling Houston personal injury cases, we cannot know what is important to you until we take the time to get to know you and how the accident has impacted your life.
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Mr. Mario de la Garza and his team are one of a kind and hands down the best law firm in Houston. They really do care about you and take your case seriously. He takes your calls and actually takes the time to talk to you and explain how everything is going to work and he leaves no questions unanswered. I also want to say his team is the best! Lidia thank you so much for always replying to all my emails, calls and messages. All though I know I was a pain at times, she was always so responsive, patient and would always return my calls when she said she would. – Christina L.
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Mario de la Garza is a good lawyer. He secured insurance reimbursement for a personal injury that has taken 2.5 years settle. He was compassionate and patient and provided good counsel when solutions appeared non- existent. He was tenacious with medical providers, coordinated payments on a timely basis and worked well with insurance companies. I was fortunate to have him on my team and recommend him highly. - HP
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Our team of committed Houston personal injury lawyers is dedicated to helping clients obtain compensation for their injuries.
We aggressively pursue compensation for your injuries in both settlement negotiations and at trial. If you been injured in a Lyft car accident or assaulted during a Lyft ride, contact The de la Garza Law Group today. We offer all clients a free, no-obligation consultation in which we will provide an honest and thorough assessment of your case. To learn more, call 713-784-1010, or call toll-free at 844-784-1010.
We proudly represent clients throughout Texas, including all major metropolitan areas. We represent many clients throughout the greater Houston area, including Harris County, Fort Bend County, Galveston County, Brazoria County, Jefferson County, Chambers County, Waller County, and Montgomery County, including The Woodlands, Pearland, Pasadena, Baytown, Clear Lake, Galveston, Conroe, and Sugar Land.