When you hop into an Uber or Lyft for a ride across town, the last thing on your mind is getting into an accident. But rideshare accidents happen daily, and figuring out who’s responsible can be much more complicated than a regular car crash.
Understanding how liability works in these situations is key to getting the money you need if you’re hurt in a rideshare accident.
The complex nature of these cases means you’ll need a lawyer who understands the unique aspects of rideshare accidents. A Phoenix rideshare accident lawyer can help navigate the confusing process of determining liability and pursuing compensation from all responsible parties.
The Unique Nature of Rideshare Accidents
Rideshare accidents differ from typical car crashes because multiple parties might be responsible. In a regular accident, liability usually falls on one or more drivers. But when an Uber or Lyft is involved, several parties can potentially be liable:
- The rideshare driver
- The rideshare company (Uber or Lyft)
- Another driver involved in the crash
- A vehicle or parts manufacturer
- A government entity responsible for road maintenance
These cases are even more complex because the rideshare driver’s status at the time of the accident greatly affects liability.
Rideshare drivers are considered independent contractors, not employees, and they use their vehicles for commercial purposes. It creates a unique situation where different insurance policies might apply depending on what the driver was doing when the accident occurred.
An Uber or Lyft accident attorney who knows the ins and outs of rideshare accidents can sort through these complexities and determine who should be held responsible for your injuries.
How Driver Status Affects Liability
Rideshare companies structure their insurance coverage based on the driver’s status at the time of an accident. This status falls into three main categories:
- App off: The driver is not working for the rideshare company. Their personal auto insurance applies.
- App on, waiting for a ride request: The driver has the app on and is available but hasn’t accepted a ride yet. During this time, rideshare companies typically provide limited liability coverage that only kicks in if the driver’s personal insurance doesn’t cover the accident.
- En route to pick up a passenger or during a trip: The driver has accepted a ride and is either picking up or transporting a passenger. This is when the rideshare company’s full commercial insurance policy (usually $1 million in coverage) applies.
Understanding which status applies to your accident is crucial because it determines which insurance policies are available to cover your damages. Your rideshare accident attorney will investigate to determine the driver’s exact status and which insurance policies apply.
For example, if you’re a passenger in an Uber when an accident happens, you’re clearly in the third category, and the company’s full insurance coverage should apply.
But if you’re hit by an Uber driver waiting for a ride request, the situation becomes more complicated, and the available insurance might be limited.
Rideshare Company Insurance Policies
Uber and Lyft have similar insurance structures, though the details may vary. Here’s a general overview of how their insurance typically works:
Only the driver’s auto insurance applies when the driver is offline or the app is off. Rideshare companies provide no coverage during this time.
When the driver is online but hasn’t accepted a trip, rideshare companies usually provide contingent liability coverage. It typically includes:
- $50,000 per person for bodily injury
- $100,000 per accident for bodily injury
- $25,000 per accident for property damage
This coverage only applies if the driver’s insurance doesn’t cover the accident or provides insufficient coverage.
When the driver has accepted a trip and is en route to pick up a passenger, or during a trip with a passenger, rideshare companies typically provide:
- $1 million in third-party liability coverage
- Uninsured/underinsured motorist coverage
- Contingent comprehensive and collision coverage (if the driver carries these on their personal policy)
While these policies sound generous, getting the insurance company to pay can still be challenging. Insurance companies often look for ways to minimize payouts or deny claims altogether.
Having an Uber or Lyft accident attorney who understands these policies and how to deal with insurance companies is essential for getting fair compensation.
Determining Fault in Rideshare Accidents
Determining who caused a rideshare accident follows many of the same principles as other car accidents, but with added layers of complexity.
To establish fault, your lawyer will look for evidence showing that someone was negligent, meaning they failed to use reasonable care, and that failure caused the accident.
Evidence used to determine fault often includes:
- Police reports
- Witness statements
- Traffic camera or dashcam footage
- Photos from the accident scene
- Rideshare app data showing the driver’s status
- Cell phone records (to check for distracted driving)
- Vehicle maintenance records
- Road conditions and signage
In some cases, multiple parties share fault for an accident. For instance, perhaps the Uber driver was speeding, but another driver ran a red light. In such cases, your rideshare accident lawyer will work to identify all responsible parties and pursue compensation from each based on their share of fault.
When Rideshare Companies Might Be Directly Liable
While rideshare companies typically try to distance themselves from liability by classifying drivers as independent contractors rather than employees, there are situations where the company itself might bear direct responsibility.
A rideshare company might be directly liable if:
- They failed to conduct proper background checks on drivers
- They allowed a driver with a history of accidents or traffic violations to use their platform
- They failed to remove a driver from the platform after receiving complaints about dangerous driving
- They have policies that encourage unsafe behavior (like requiring drivers to accept a high percentage of rides)
Establishing direct liability against a rideshare company is challenging but possible with the right evidence. Your Uber or Lyft accident lawyer will investigate the company’s hiring practices and policies to determine if they contributed to your accident.
For example, if your lawyer discovers that the driver who caused your accident had multiple previous DUIs but was still approved to drive for the rideshare company, this can establish the company’s negligence in hiring and screening drivers.
Passenger Rights in Rideshare Accidents
As a passenger in a rideshare vehicle, you have strong legal protections if an accident occurs. Since passengers are never at fault for causing the accident, they can pursue claims against all responsible parties, which might include:
- The rideshare driver
- The rideshare company’s insurance
- Other drivers involved in the accident
- Other potentially liable parties
If you suffered an injury while riding in an Uber or Lyft, you should:
- Seek medical attention immediately, even if your injuries seem minor
- Report the accident through the rideshare app
- Get the contact and insurance information from all drivers involved
- Take photos of the accident scene and your injuries
- Get contact information from witnesses
- Contact a lawyer who is skilled in rideshare accidents
Remember that rideshare companies and their insurers may try to settle quickly and for less than you deserve. Having a lawyer represent you ensures that all your current and future damages are considered before you agree to any settlement.
Third-Party Claims in Rideshare Accidents
You can still pursue compensation if you’re not a rideshare passenger but are involved in an accident with a rideshare vehicle—perhaps as another driver, a pedestrian, or a cyclist. These claims are known as third-party claims.
In third-party claims, determining the rideshare driver’s status is especially important. If the driver was actively transporting a passenger or on the way to pick one up, the rideshare company’s $1 million policy should apply. The lower coverage limits would apply if the driver was waiting for a request.
Third-party claims can be particularly challenging because rideshare companies and their insurers may try to argue that their driver wasn’t at fault or that the driver wasn’t working at the relevant time. Your rideshare accident lawyer will need to gather evidence about the driver’s status and the cause of the accident to overcome these arguments.
For example, if you were hit by a Lyft driver who ran a red light, your rideshare accident lawyer would need to prove that the driver caused the accident by running the light and that the driver was active on the Lyft platform at the time.
Challenges in Rideshare Accident Claims
Rideshare accident claims come with several challenges that make having a lawyer essential:
- Insurance coverage gaps: There may be gaps between the driver’s insurance and the rideshare company’s coverage.
- Multiple insurance companies: You may need to deal with several insurance companies, each trying to shift responsibility to others.
- Determining driver status: Proving exactly what the driver was doing at the time of the accident can be difficult without access to the rideshare company’s records.
- Limited cooperation: Rideshare companies may not readily share information about drivers or policies.
- Complex regulations: Laws governing rideshare companies vary by state and city and are constantly evolving.
A rideshare accident injury lawyer will know how to overcome these challenges. They can subpoena company records, work with experts to reconstruct the accident, and navigate the complex web of insurance policies to ensure you get fair compensation.
What Damages Can You Recover?
If you suffered an injury in a rideshare accident, you may be entitled to compensation for various damages, including:
- Medical expenses (current and future)
- Lost earnings and lost earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Other out-of-pocket expenses related to your injuries
The amount you might recover depends on many factors, including the severity of your injuries, the impact on your life and ability to work, who was at fault, and the available insurance coverage.
Some injuries might require long-term medical care or permanently affect your ability to work. Your lawyer will work with medical experts to understand the full extent of your injuries and their long-term impact. It ensures that any settlement or verdict accounts for your current and future needs.
Steps to Take After a Rideshare Accident
If you’re involved in an accident with an Uber or Lyft vehicle, taking the right steps immediately afterward can strengthen your case:
- Call 911 to report the accident and get medical help if needed.
- Document everything at the scene, including taking photos of all vehicles involved, the surrounding area, traffic signs, and your injuries.
- Get contact and insurance information from all drivers involved.
- Identify witnesses and get their contact information.
- Screenshot your rideshare app showing your trip details (if you were a passenger).
- Report the accident through the rideshare app.
- Seek medical attention, even if you don’t think you’re seriously hurt. Some injuries don’t show symptoms right away.
- Do not give recorded statements to insurance companies without consulting a lawyer.
- Contact a lawyer experienced in rideshare accidents as soon as possible.
Following these steps creates a record of the accident and your injuries, which will be valuable evidence for your claim.
How a Lawyer Can Help With Your Claim
Navigating a rideshare accident claim without legal help is extremely difficult. A lawyer who understands these complex cases can:
- Investigate the accident thoroughly
- Determine which insurance policies apply
- Identify all potentially liable parties
- Gather and preserve crucial evidence
- Work with experts to strengthen your case
- Calculate the full value of your damages
- Handle all communication with insurance companies
- Negotiate for a fair settlement
- Take your case to court if necessary
Beyond these technical aspects, your lawyer serves as your advocate during a challenging time. They handle the legal complexities so you can focus on recovering from your injuries. They also protect you from insurance companies’ tactics to minimize or deny valid claims.
Don’t Face the Process Alone
If you’ve suffered an injury in an Uber or Lyft accident, don’t try to handle your claim alone. Rideshare accident cases involve unique challenges that require knowledge and experience. A rideshare accident lawyer who understands these cases can help navigate the process and fight for your deserved compensation.
Remember that rideshare companies and insurance providers have teams of lawyers protecting their interests. You deserve to have someone equally skilled fighting for you.
Contact a rideshare accident injury lawyer today to discuss your case and learn more about your legal options.
With the right legal help, you can focus on your recovery while your lawyer works to hold all responsible parties accountable for your injuries. Don’t wait to get the help you need—contact a lawyer today to protect your rights and pursue the compensation you deserve.