I am Attorney Lloyd Baker your Powerhouse injury Attorney. I would like to talk a little bit about Lyft, Uber and Door Dash types of carriers because we see a lot of accidents from these commercial carriers. They all claim their driver is an independent contractor and that driver has nothing to do with their employment and they are acting on their own behalf. They propose to say that legally they do not have a duty of due care to you because the driver that hit you was an independent contractor and not an employee of theirs acting on their behalf.
This is a very hot topic in law right now. However through the agency concept they have control of that driver. The driver for Uber/Lyft have to be logged in and connected to their app in order to have the additional company or commercial insurance apply. Their driver has to either going to or coming from a pickup. In these cases we get the meta-data to discover if they were logged into the app or not.
Some of the companies have actual trackers that computer track all the drivers everywhere that person goes and the time that they picked up the delivery to the time that they dropped it off the time they picked up the person the time the dropped him off when they’re waiting in the queue anyway there are all kinds of issues like that. What insurance applies at what time in the process? The defense attorneys and the insurance company always argue that they do not owe the injured party any money because the driver isn’t their actual employee. They argue that their driver is an independent contractor so in order to recover you have to go after them not their company.
We have found a loophole in their argument.
Regardless of the contractual relationship there is a strong argument for agency. The Uber/Lyft driver is the agent of the company and are doing business for and on their behalf. A driver can’t transport people for hire without having a certain type of license. Uber and Lyft they own the transportation licenses that their drivers work under. A driver could not get one of these licenses on their own. Uber/Lyft is like a taxi company you cannot just open a taxi company and just start hauling people without having the proper license and appropriate insurance.
These businesses have to have the proper authorizations from the government to operate these services. So their drivers truly work under companies licenses for the benefit of the company. They work on their behalf just like an agent would that a company gives power to act in the name of the company. These companies are truly responsible for the actions of these agents that act on their behalf. Another big problem we have found is that these companies actual lie about how much insurance coverage there is.
They have told us that there’s only a million dollar coverage and we have found out through litigation that they have so much more than they are disclosing. We have found coverages from these companies from six million to ten million. Call us we can go through each one of those types of businesses and tell you pretty much what coverage they actually have rather than what they profess to have. They are dishonest about the coverages so that you will accept much less than what your case is actually worth. They don’t want anyone collecting the full amount of their policy.
So make sure you hire an attorney that understands these carriers and understands how to get the money. Hire Lloyd Baker your powerhouse injury attorney. I’m here for you! If you really want to win call me!