Hurt in an Uber or Lyft Crash? Let's Talk About Your Damages.

If an Uber or Lyft crash hurt you or someone you love, you probably want to know what you can claim. This page explains what rideshare crash damages Georgia law allows, in plain words. It covers money losses, pain and suffering, wrongful death, and the fault and insurance rules that can change what gets paid. T. Madden & Associates, P.C. has been in practice since 1999.

What types of damages are realistically recoverable in Georgia rideshare crash cases, such as medical bills, lost wages, and pain and suffering?

In a Georgia rideshare crash claim, an injured person can seek economic damages, like medical bills and lost wages. They can also seek non-economic damages, like pain and suffering. Punitive damages are possible only in limited cases.

Georgia separates general damages from special damages. General damages are those the law presumes flow from a wrongful act, and they can be recovered without proof of an amount. Special damages actually flow from the act, so they must be proved (O.C.G.A. § 51-12-2).

Damages compensate for an injury that can be estimated in money. If an injury is small or the mitigating circumstances are strong, only nominal damages are given (O.C.G.A. § 51-12-4). Which categories apply turns on your injuries, your records, and how fault is assigned. The sections below cover each one.

Economic damages: medical bills, lost wages, and future care

Economic damages are money losses you can count. They include medical bills, limited to the reasonable value of medically necessary care, treatment, or services, lost pay, and future care costs.

Necessary expenses from an injury are a legitimate part of the damage estimate (O.C.G.A. § 51-12-7). That covers emergency care, imaging, surgery, hospital stays, prescriptions, and therapy. Mileage to appointments and needed equipment can count too.

Medical bills have limits. Special damages for medical care are limited to the reasonable value of medically necessary care, and the trier of fact decides that amount (O.C.G.A. § 51-12-1.1). If you have public or private health insurance, including benefits under a governmental workers’ compensation program, the evidence includes both the amounts charged and the amounts actually necessary to satisfy those charges under the insurance contract or program, regardless of whether the insurance has been used, is used, or will be used to satisfy such charges (O.C.G.A. § 51-12-1.1).

Some providers treat patients under a letter of protection. That is a promise to be paid from a later settlement. The letter, itemized charges, any sale of the bill below invoice price, and whether you were referred for treatment under a letter of protection and, if so, who made the referral are relevant and discoverable (O.C.G.A. § 51-12-1.1).

Lost wages cover time missed from work. Pay stubs, employer statements, and tax records help prove them. Future lost wages and future medical costs can be reduced to present value, using a 5 percent rate or another rate the trier of fact considers appropriate (O.C.G.A. § 51-12-13).

Keep every bill and record. Special damages must be proved, so missing paperwork makes money losses harder to show.

Non-economic damages: pain and suffering and how it is shown

Pain and suffering is the non-economic harm from a crash. It includes physical pain, emotional distress, worry, and loss of enjoyment of daily life. No bill sets its value.

Georgia law says that when the entire injury is to a person’s peace, happiness, or feelings, no measure can be prescribed except the enlightened consciences of impartial jurors. Punitive damages cannot be awarded in that kind of action (O.C.G.A. § 51-12-6).

In a tort action in which the entire injury is to the peace, happiness, or feelings of the plaintiff, no bill measures it, so proof matters. O.C.G.A. § 51-12-6 reads: “In a tort action in which the entire injury is to the peace, happiness, or feelings of the plaintiff, no measure of damages can be prescribed except the enlightened consciences of impartial jurors.” Useful evidence includes:

• Medical records that show the injury and each treatment step
• Treatment that follows the doctor’s plan
• A personal journal of pain, sleep, and daily limits
• Statements from family members and coworkers who saw the change
• Records of activities you can no longer do, such as work shifts, sports, or caring for children

Property damage and other losses from the crash

Keep photos of every vehicle, the repair estimate or total-loss valuation, and receipts for rentals and rides you paid for because of the crash. Georgia crash-reporting procedures produce official crash data. That data can be used when legal matters are resolved after a motor-vehicle accident (Georgia Uniform Vehicle Accident Report).

Keep vehicle losses and injury losses organized separately. The insurance that applies to each can differ.

Wrongful death damages when a rideshare crash is fatal

When a rideshare crash is fatal, the surviving spouse or, if there is no surviving spouse, a child or children may recover the full value of the decedent’s life, as shown by the evidence. Funeral and medical costs can also be part of the claim. Funeral and medical costs can also be part of the claim.

Under O.C.G.A. § 51-4-2, a surviving spouse may recover for the death of a spouse, and children may recover for the death of a parent. If there is no surviving spouse, children may recover. The spouse receives no less than one-third of any recovery (O.C.G.A. § 51-4-2).

When no one is entitled to bring the action, the administrator or executor may sue for the next of kin (O.C.G.A. § 51-4-5). When death results from criminal or other negligence, the personal representative may recover funeral, medical, and other necessary expenses (O.C.G.A. § 51-4-5). Families with questions about who may bring a wrongful death claim can contact T. Madden & Associates, P.C. for a free, confidential first consultation, with no obligation to continue.

How fault and insurance coverage can change what is paid

Georgia reduces your damages by your share of fault. You recover nothing if you are 50 percent or more responsible (O.C.G.A. § 51-12-33).

Each at-fault person is liable only for its own share, and damages are not joint. The jury considers the fault of everyone who contributed, even a person who was not named in the suit (O.C.G.A. § 51-12-33).

During the time period defined in subparagraph (a)(5)(B) of this Code section, the required coverage provides a minimum of $1 million for death, personal injury, and property damage per occurrence and uninsured and underinsured motorist coverage as required by Code Section 33-7-11, with minimum limits of $300,000.00 for bodily injuries to or death of all persons in any one accident with a maximum of $100,000.00 for bodily injuries to or death of one person and $25,000.00 for loss of or damage to property of others, excluding cargo, in any one accident (O.C.G.A. § 33-1-24). A personal vehicle insurer may exclude coverage for a loss while the driver is logged on to the company’s network or providing its services (O.C.G.A. § 33-1-24).

Under O.C.G.A. § 40-1-201(a), no ride share network service shall be liable under any theory of liability, including, but not limited to, vicarious or product liability, for any injury to persons or damage to property from the operation of a personal passenger car by a ride share driver by reason of owning, operating, or maintaining a digital network or internet network to connect passengers to ride share drivers for prearranged transportation for hire or for donation, provided that there has been no negligence or criminal misconduct by the ride share network service, the service complies with the requirements of this part relating to obligations to a ride share driver and any other provision otherwise required by law, and it conducts or causes to be conducted a criminal background check or obtains a private background check certification as described in Code Section 40-5-39 for each ride share driver at least once every two years (O.C.G.A. § 40-1-201).

Policy limits can cap what is available, so damages and coverage need to be reviewed together. Whether any coverage applies depends on the facts, including whether the app was on at the time of the crash.

Punitive damages in limited cases

Punitive damages are extra damages meant to punish or deter a defendant. Georgia law says they are awarded not as compensation to a plaintiff but to penalize, punish, or deter a defendant (O.C.G.A. § 51-12-5.1).

They must be specifically asked for in the complaint. For tort actions that are not provided for by subsection (e) or (f) of O.C.G.A. § 51-12-5.1, punitive damages are limited to a maximum of $250,000.00, but there shall be no limitation regarding the amount which may be awarded as punitive damages against an active tort-feasor where the defendant acted or failed to act with specific intent to cause harm or under the influence to the degree the statute describes. The cap does not apply where the defendant acted with specific intent to cause harm, or while under the influence to the degree the statute describes (O.C.G.A. § 51-12-5.1).

Talk with T. Madden & Associates, P.C. about your rideshare crash

If you’re reading this after a crash, you may be dealing with a hospital stay, a loss in your family, or a crash you never chose. The questions above can feel like a lot at once.

Terance Madden is the responsible lawyer for this page. T. Madden & Associates, P.C. has been in practice since 1999. Its offices are in Jonesboro (Clayton County), Atlanta, Decatur, Macon, and Augusta.

The first consultation is free, confidential, and carries no obligation to continue. The firm works on a no-fee-unless-we-win basis, but you may still be responsible for court costs and case expenses. The firm is available 24/7.

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