Most people are surprised to learn they waived their right to a jury trial against Uber or Lyft before they ever get in the vehicle. The latest U. Terms of Use for Uber 1. Class actions are also prohibited. Can they do this? Arbitration agreements are favored in the law founding fathers be damned. Indeed, Federal Courts in Florida have upheld the arbitration agreement in claims brought by both Uber and Lyft drivers. So, what happens if you take an Uber or a Lyft and are involved in an accident?
It depends on who is at fault. The arbitration provision does not apply if the other vehicle involved in the collision is the one at fault.
It only applies to any claim brought against the rideshare company. What if you are a pedestrian or in another vehicle and the Uber or Lyft vehicle negligently hits you? The arbitration provision should not apply. The Lyft arbitration agreement is more broadly written but should not be construed to extend to situations where you were in no way involved with the rideshare in question, even if you had previously accepted the terms for yourself.
What if your friend ordered the vehicle and you are just in the car? This is a little trickier. Most likely, the arbitration agreement will apply if you have previously accepted the terms yourself. If you have not done so, the agreement should not extend to you.
Forget Uber and Lyft, what about a claim directly against the driver? This is the key. Rideshare drivers are independent contractors, generally, and not employees. They are not a party to the agreement with the customer although they have their own agreement with Uber or Lyft. Section They want the driver to be independent of them. Do you take accident cases where an Uber or a Lyft is involved? Most definitely!
