Can You Press Charges After Being in a Lyft Crash?

Roughly six million police-reported crashes happen on US roads each year — around sixteen thousand a day. With ridesharing now routine, a growing share of them involve a Lyft or Uber driver.

Unfortunately, these types of accidents can often result in a confusing and messy legal situation.

If you were injured through the negligence of Lyft or one of its drivers, you may be wondering whether you can press charges. It is worth clearing up the terminology first, because it changes what you should actually do. Our FAQ explains your options to sue Uber or Lyft after an accident. In this article, we’ll walk you through your legal options when it comes to a Lyft crash. Let’s get started!

Who Is Responsible: Lyft or the Driver?

In the past, Lyft typically tried to shift responsibility to their drivers when it came to accidents and compensation. However, new laws have required rideshare companies like Lyft to take more responsibility.

These laws were pushed in response to evidence that fatal accidents have increased by 2 to 3% since the introduction of rideshare apps. This means that most of the time, Lyft’s insurance policy will cover any personal injury claims or loss of property claims.

However, the extent that Lyft’s insurance will cover these claims depends on circumstances related to the driver and whether or not they are on “active duty” Let’s take a closer look at the three different types of circumstances that can arise.

Also, keep in mind that laws related to Lyft can differ from state to state. As such, you should consult with a car accident lawyer in your specific state to make sure that there are no changes you should know of.

1) The Lyft App For the Driver Was Off

If the Lyft driver's app was off, the company's position is that the driver was not working for it at the time — and it will provide no liability coverage at all.

Instead, the driver’s auto insurance kicks in, assuming they have it. While this excuse might be legitimate, it’s important to confirm with the driver that they were not on active duty.

2) The Lyft App Was On and the Driver Was Waiting

If the Lyft app for drivers is on, then they’re technically working — even if they’re just waiting around for a new passenger alert. If the Lyft driver is waiting around and they get in an accident, the company’s insurance policy does provide some coverage. Here’s how the insurance coverage for this type of accident works:

• $50,000 per person for anything related to bodily injury
• $100,000 per accident for anything related to bodily injury
• $25,000 per accident for anything related to property damage

3) The Lyft App Was On and the Driver Was Dealing With a Passenger

If the Lyft driver is en route to collect a passenger, or has one in the car, far more comprehensive coverage applies. Here’s how the insurance coverage for this type of accident works:

• $1,000,000 for anything related to a 3rd-party auto liability
• Uninsured/underinsured motorist bodily injury
• Coverage on the value of the car or any repair necessary ($2,500 deductible)

Can You Press Charges After a Lyft Crash?

Not personally — and the distinction matters. "Pressing charges" is criminal, and only the State brings a criminal prosecution. You can report what happened to the police, and if the driver committed an offence — driving under the influence, reckless driving, leaving the scene — a prosecutor may decide to charge them. That decision is not yours, and a conviction does not pay your medical bills.

What you have is a civil claim, brought by you against the at-fault driver and, in most circumstances, against Lyft's insurance. The two run separately: a criminal case can be dropped and the civil claim still succeed, because the standard of proof is far lower. There are also circumstances in which you can sue Lyft directly.

To do this you will need to prove that the company acted negligently, which led to the accident and any injuries you incurred. Most of the time, this will be related to the hiring or retaining of a negligent driver that should have been screened.

For example, if a driver has a history of traffic violations, previous collisions, or a DUI, there is an argument that the company was negligent in engaging or retaining them.

These claims are harder than they sound. They require evidence of what the company actually knew or should have known, which usually means obtaining its screening records — so getting a preservation demand out early matters.

As such, it’s important to meet with a competent lawyer that specializes in these types of cases. They can advise you as to what your best options are.

What Should You Do Immediately After a Lyft Crash?

Any company's own incident record is written by the company. Following a few steps after a crash means the account of it does not rest solely on theirs.

This will ensure that there are objective details about your crash that aren’t provided by the company. If you’re seriously injured, then you focus on getting to the hospital. However, if you and the other parties involved are all right, then follow these steps.

First, you should call the police and report the accident. Once the police arrive at the scene, get a copy of the accident report. While you wait you should document the scene with photos and videos.

Trauma can make you forget details so write down what happened too. Next, seek medical attention for any potential injuries. You should do this even if they seem minor. Oftentimes, concussions can go unnoticed following an accident. Finally, report the accident to Lyft and contact your auto attorney.

Need Help With Your Georgia Car Accident Case? Contact Georgia Auto Law

We hope this has clarified what is actually available to you after a Lyft crash or other commercial vehicle collision — a civil claim rather than criminal charges, and in some circumstances a claim against the company as well as the driver.

If that is the route you take, you want a lawyer who works on auto claims rather than one who takes whatever comes in. If you are in Georgia, Georgia Auto Law does exactly that.

We handle car and truck accident cases in Georgia, and nothing else. If we do not recover for you, you owe no attorney’s fee.

Get a free consultation for your case by calling us at (404) 662-4949 or filling out our online contact form today. Please provide as much detail as possible about your case, and one of our lawyers will get back to you shortly. We look forward to hearing from you.

Frequently Asked Questions

What is modified comparative negligence in Georgia?

Under O.C.G.A. § 51-12-33, a Georgia plaintiff who is less than 50% at fault can still recover, but their damages are reduced by their percentage of fault. At 50% or more, recovery is barred entirely. This is why insurance adjusters work hard to assign you any percentage of fault they can.

What if the at-fault driver has no insurance?

Georgia requires every auto policy to offer uninsured-motorist (UM) coverage under O.C.G.A. § 33-7-11. UM coverage on your own policy pays when the at-fault driver is uninsured, underinsured, or flees the scene. Multiple household policies can sometimes be stacked for higher limits.

Do I need a lawyer for a Georgia car accident claim?

For minor property-damage claims, often no. For any claim involving injuries, missed work, lasting symptoms, or disputed fault, a Georgia personal-injury attorney typically recovers far more than the policyholder would negotiating alone, even after the contingency fee. Initial consultations are free.

Should I give a recorded statement to the other driver’s insurer?

No. The adjuster’s job is to minimize the payout, and recorded statements are mined later for any admission of fault, exaggeration, or inconsistency. You can decline politely and refer them to your attorney or your own insurer.