Who is Responsible for My Injuries After an Uber or Lyft Accident in Connecticut?

When a negligent driver injures you in a Connecticut car accident, two questions usually come to mind: #1) How long will it take to recover from my injuries? #2) Who will pay my injury claim? If one of the drivers is operating a rideshare, you must consider another immediate complication: “Who is responsible for my injuries after an Uber or Lyft accident in Connecticut?”

When you confirm that a negligent rideshare driver’s insurer will compensate you for your injuries, it answers an important post-accident question. As rideshare coverage isn’t always that simple, you need a car accident attorney to deal with the issues on your behalf. 

Rideshare accidents can be complicated. We created a Rideshare FAQ to help you learn more about the accident process. 

Who pays for injuries after an Uber or Lyft accident in Connecticut?

Uber or Lyft (transportation network companies) claim payment responsibilities vary depending on the circumstances.

If a rideshare driver is negligent and injures you in an accident, the driver is legally responsible for your damages. Payment is a separate issue. As with other accidents, whether you’re the driver’s passenger or in another car, the negligent driver’s insurer usually pays legally-owed damages. 

If you sustain serious injuries, the driver’s insurance policy may not have a high enough liability limit to compensate you. Also, while some personal auto policies offer rideshare endorsements, some don’t cover rideshare or other business-related accidents. 

if the driver’s insurer declines coverage for a rideshare-related accident, the transportation network company’s insurer becomes primary and owes the driver’s percentage of your damages.  

What Should I Do Immediately After an Uber or Lyft Accident in Connecticut?

After an accident, you should protect yourself from further harm while you wait for emergency medical assistance. You must also take steps to protect your legal rights. 

• Don’t discuss fault: When you talk to a police officer or even a bystander after an accident, share only factual information. Don’t speculate about who is at fault for the accident. As a witness to the accident, your words don’t simply fade away. They may eventually affect liability assessments and claim outcomes.
• Request medical attention: A driver has a duty to contact a local law enforcement agency when their accident involves injuries. Ask the driver to request emergency medical assistance when they dial 911. 
• Consider your safety: If movement might cause further injury, stay in place until medical professionals arrive. If you can relocate safely, move to an area that’s safe and out of the way of oncoming traffic. 
• Gather Information: Ask both drivers for contact information. Connecticut statutes require that drivers provide their information and proof of insurance when you ask. A rideshare driver must carry proof of their own insurance and the TNC’s insurance. 
• Report to the Rideshare Company:  Report the accident on the Uber or Lyft website or app. TNC’s have specific procedures to report auto accidents and other safety issues. 
• Consult with a car accident attorney: Claim processes can be overwhelming. An attorney can help you understand your legal rights and deal with insurers on your behalf. 

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How Does Insurance Work in Rideshare Accidents?

Connecticut’s Transportation Network Company Vehicle statutes establish rideshare liability insurance requirements. If a driver has rideshare coverage with his own insurer, their limits apply first. If a claim exhausts a driver’s vehicle coverage, the network’s coverage applies. A network’s coverage cannot be dependent on whether the driver’s insurer denies the claim. 

A transportation networks liability coverage applies/varies based on the driver’s status: 

• Connected to the network and available to drive: Bodily Injury Liability, $50,000/$100,000; Property Damage liability, $25,000; Uninsured Motorist/Underinsured Motorist, $25,000/$50,000
• Engaged in a “prearranged ride’ (accepts ride, transports rider, rider exits) BI liability, $1,000,000; PD liability, $25,000; UM/UIM, $25,000/$50,000
• Driver has no coverage: Due to policy cancellation or rideshare exclusion 
• Damages exceed driver’s limits: Driver’s insurance provides coverage but damages exceed the policy limit
• Combined coverages: Driver and TNC’s limits combine to meet statutory requirements

How do insurance companies determine who is at fault for an accident?

As a passenger in a rideshare vehicle accident or in another vehicle involved in the crash, unless you somehow caused the accident, adjusters typically see you as fault-free. They determine which driver is at fault by investigating the accident and evaluating the available evidence. 

The adjuster assesses each driver’s negligence based on a traditional negligence formula.

• Duty Owed: Did the drivers have a duty to drive safely? 
• Duty Breached: Did they fail to stop, run a light, or fail to meet their duty in another way?
• Proximate Cause: Did their failure directly cause the accident?
• Damages: Was the accident the direct cause of your injuries and resultant damages? 

Connecticut’s comparative fault statutes recognize that more than one person can contribute to an accident. For example, if the rideshare driver was 60% at fault and the other driver was 40% at fault, each would owe a share of damages based on their negligence percentage. 

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How does the claim investigation process work?

When an insured reports an accident to their insurer, a claim manager or supervisor briefly assesses the circumstances. They assign cases to a claims adjuster based on the accident’s severity and the adjuster’s experience. 

Adjusters usually conduct small claim investigations by phone. Those involving extreme damage and serious or catastrophic injuries usually require in depth, in-person investigations by experienced adjusters. 

Investigations may include the following. 

• Recorded statements from drivers and witnesses
• Police reports, EMT reports, and other official documents
• Site investigation: photos, diagrams, canvassing for witnesses
• Vehicle damage inspection
• Medical documentation
• Vehicle “black box” analysis
• Experts reports as necessary

Independent adjusters 

Some companies outsource investigations to independent claim services. Independent adjusters make contacts and investigate on behalf of the assigning company. Often, they have no authority to discuss coverage, claim outcomes, or settlement potential. 

Is a rideshare driver an independent contractor vs. employee

While some jurisdictions are still debating this issue, Connecticut’s Transportation Network Company statutes define a rideshare driver as a “non-employee.” 

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Can I sue Uber or Lyft directly?

Yes. If you were injured in a Lyft or Uber when an accident occurred, you can sue the company responsible for setting up the ride. You may have several reasons to sue.

• The driver was conducting TNC business: A court may find Uber or Lyft vicariously liable for their driver’s actions. 
• Negligent hiring: A TNC may be liable for placing a negligent driver on the road. They may have known the driver was risky and allowed them to drive anyway. If they didn’t know, they may be liable because they should have known. 
• Negligent screening: The TNC might have failed to request a driver’s motor vehicle records or background check. Alternatively, they might have obtained adverse reports and took no further action.  
• Negligent supervision: Connecticut rideshare drivers are independent contractors. TNCs still have several methods for controlling and monitoring their actions. If they fail to train drivers properly or don’t investigate complaints or bad customer reviews, they may be held responsible for their inaction. 

How do I make an injury claim against a rideshare driver?

The driver should report the accident to their personal auto insurer and also the network company. As an injured passenger, you can also contact Uber or Lyft through their app or website. When Uber or Lyft receives an accident report, they file a claim with their liability insurer, who should contact you. 

In an accident involving a non-rideshare driver, the other driver is responsible for making a report to their insurance carrier. When both drivers’ insurers contact you, that means they’re already considering whether to pay your claim.

As an injured person, preparation for presenting your claim begins immediately following the accident. Consider these recommendations:

• Medical treatment: Seek emergency treatment for your injuries immediately following the accident. Even if you don’t visit an emergency room, see your doctor as soon as possible for a checkup.
• Follow your doctor’s orders: Your physician can only report what they know for certain. If you don’t do what they recommend, they may include this in their medical reports. When you fail to follow doctor’s orders, it suggests to the adjuster that you might not be as injured as you say.  
  • Keep your doctor’s visits as scheduled. 
  • Have your prescriptions filled as ordered.
  • Make physical therapy appointments as directed.
  • Take time off from work as recommended. 
  • Rest to allow time for healing
• Track your recovery: Post-accident pain and difficulties can be intense. As time passes, the intensity fades and so does your memory of those difficulties. As you’re the only one with your unique, first-hand recovery experience, it’s up to you to document it. 

Keep a “diary” to track your recovery process. Explain how your injuries, scarring, pain, etc. affected your life. A simple notebook will do.

• Document surgical procedures and hospital stays: describe the experiences.
• Document your pain: the intensity, frequency, and how it prevented normal activities
• Describe the activities you couldn’t do: work, play, household tasks, family events
• Describe how your injuries affected your spousal and family relationships. 

Your diary will come in handy when it’s time to negotiate your injury claim settlement. It can refresh your memory about pain, suffering, and adverse experiences you may no longer remember. If you’re working with a car accident attorney, your diary will help them understand how your injuries affected you from the initial treatment to your recovery. 

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What kind of compensation can I get for rideshare accident injuries?

Compensation for accident-related injuries varies depending on injury severity, disabilities, recovery, and other factors. You may be able to recover three types of damages. 

Economic damages

These are out-of-pocket costs incurred during treatment and recovery. This category also considers potential future costs. When necessary, an economic expert can project future costs for settlement purposes. Economic damages often include:

• Medical bills 
• Mobility devices and structures
• Lost income
• Medical transportation expenses
• Rehabilitation costs
• Funeral and burial expenses

Non-economic damages

These negotiated damages include financial consideration for psychological, physical, and emotional issues. Your settlement addresses your specific difficulties. It relies on the strength of your subjective explanations. Non-economic damages may include”

• Pain and suffering
• Emotional distress
• Anxiety 
• Mental health issues
• Loss of enjoyment
• Disfigurement and scarring
• Permanent impairment

Punitive damages

When an auto accident injury case goes to trial, a jury may award punitive damages to punish the person who caused your injury. In Connecticut, you must prove by a preponderance of evidence that the defendant was reckless, intentional, and malicious in causing harm. 

Some insurance policies exclude punitive damages if the court awards them.

Do I need a lawyer to make a rideshare liability claim?

While you can probably resolve your claim without legal assistance, it’s not usually a good idea. Rideshare accidents can be complicated. Insurance adjusters have an advantage because they handle accident cases every day. They also realize that most injured people might not understand legal issues or claim values. 

When an attorney represents you, it gives you the same advantages.

• Attorneys manage accident-related legal issues and insurance complications every day. 
• They intervene with insurance companies and push to resolve the complex issues.
• Attorneys negotiate aggressively with insurers and their attorneys.
• They work to achieve the best outcome for their injured clients.
• If an insurer doesn’t negotiate fairly, your attorney can file a lawsuit on your behalf. 
• If litigation becomes inevitable, the process is more efficient as your attorney already understands the facts, the injuries, and any potential legal obstacles. 

When you’re injured in an accident, an attorney can deal with all the complications while you take time to rest and recover. When you consult with a rideshare lawyer, you share information about your accident. 

Contact a Connecticut Car Accident Attorney

If you’re hurt in an accident involving an Uber or Lyft rideshare, schedule a consultation with a car accident attorney as soon as possible. Your consultation will be a complimentary information-sharing session. You can discuss your case, and an attorney will determine if they can help you. You don’t have to commit to making a claim or filing a lawsuit. You decide what’s right for you.