How to Deal With Rideshare Accidents: Uber and Lyft Claims

Rideshare services like Uber and Lyft have revolutionized transportation, but accidents involving these services create unique legal challenges. Understanding your rights and the claims process is essential for getting fair compensation.

Understanding Rideshare Insurance Coverage

Rideshare companies provide different levels of coverage depending on the driver's status at the time of the accident.

Period 0: Driver Offline

Coverage: Driver's personal auto insurance only

When the Uber/Lyft app is off, the driver's personal insurance is responsible for any accidents.

Period 1: Driver Online, Waiting for Request

Coverage: Limited liability coverage from rideshare company

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

Period 2: Driver En Route to Pick Up Passenger

Coverage: Full commercial coverage from rideshare company

• $1 million in liability coverage
• Uninsured/underinsured motorist coverage
• Contingent comprehensive and collision

Period 3: Passenger in Vehicle

Coverage: Full commercial coverage

• $1 million in liability coverage
• Uninsured/underinsured motorist coverage
• Contingent comprehensive and collision

Types of Rideshare Accidents

1. As a Passenger in a Rideshare Vehicle

If you're injured while riding in an Uber or Lyft:

Your Rights:

• File a claim with the rideshare company's insurance
• Sue the at-fault driver (whether it's your driver or another driver)
• Seek compensation for medical bills, lost wages, and pain and suffering

Important: Rideshare companies carry $1 million in liability coverage when passengers are in the vehicle.

2. Hit by a Rideshare Vehicle

If a rideshare driver hits you:

Claim Process:

• Determine if the driver was logged into the app
• File a claim with the appropriate insurance (personal or rideshare)
• Document all evidence of the driver's status
• Seek legal counsel to navigate complex insurance issues

3. Rideshare Driver Hit by Another Vehicle

If you're a rideshare driver hit by someone else:

Coverage Options:

• Other driver's insurance (if they're at fault)
• Rideshare company insurance (depending on your status)
• Your personal insurance (with rideshare endorsement)
• Uninsured motorist coverage

Common Challenges in Rideshare Accident Claims

1. Insurance Coverage Disputes

Multiple insurance policies may be involved:

• The rideshare driver's personal insurance
• The rideshare company's commercial insurance
• Other drivers' insurance
• Your own insurance

Challenge: Determining which policy applies and when

2. Proving Driver Status

The level of coverage depends on whether the driver was:

• Logged into the app
• Waiting for a ride request
• En route to pick up a passenger
• Actively transporting a passenger

Solution: Obtain records from the rideshare company showing the driver's status

3. Rideshare Company Liability

Uber and Lyft classify drivers as independent contractors, not employees, which can complicate liability claims.

When Rideshare Companies May Be Liable:

• Negligent hiring practices
• Inadequate background checks
• Vehicle maintenance issues
• App-related distractions

Steps to Take After a Rideshare Accident

1. Ensure Safety and Seek Medical Help

• Check for injuries
• Call 911 if anyone is hurt
• Move to a safe location if possible
• Seek immediate medical attention

2. Report the Accident

To the Police:

• File an official police report
• Get the report number
• Obtain officer's contact information

To the Rideshare Company:

• Report through the app immediately
• Uber: Help → Trip Issues and Refunds → I was in an accident
• Lyft: Similar process through the app

3. Document Everything

Collect Information:

• Driver's name and contact information
• Driver's license and insurance information
• Rideshare company and driver ID
• License plate number
• Other parties' information
• Witness contact details

Take Photos:

• All vehicles involved
• Damage to vehicles
• Accident scene
• Road conditions
• Traffic signals
• Your injuries
• Inside the rideshare vehicle (if applicable)

4. Preserve Evidence

Save:

• Trip receipt from the app
• All communication with the driver
• Medical records and bills
• Repair estimates
• Lost wage documentation

Filing a Rideshare Accident Claim

Step 1: Notify All Relevant Insurance Companies

• Your insurance company
• The rideshare driver's insurance
• The rideshare company (Uber/Lyft)
• Other drivers' insurance (if applicable)

Step 2: Work With Insurance Adjusters

Be Cautious:

• Don't admit fault
• Stick to the facts
• Don't accept early settlement offers
• Don't give recorded statements without legal counsel
• Don't sign releases without review

Step 3: Calculate Your Damages

Economic Damages:

• Medical expenses (current and future)
• Lost wages
• Loss of earning capacity
• Property damage
• Out-of-pocket expenses

Non-Economic Damages:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent disability or disfigurement

Step 4: Negotiate or Litigate

Most cases settle, but some require litigation:

Settlement Benefits:

• Faster resolution
• Lower legal costs
• Certainty of outcome
• Avoid trial stress

Litigation May Be Necessary When:

• Insurance companies deny liability
• Disputes over coverage
• Insufficient settlement offers
• Permanent or severe injuries

Why You Need a Lawyer for Rideshare Accidents

Rideshare accidents involve complex insurance and liability issues:

An Attorney Can:

• Determine all applicable insurance policies
• Investigate the driver's status at the time of accident
• Gather evidence from rideshare companies
• Deal with multiple insurance companies
• Calculate fair compensation
• Negotiate maximum settlements
• File lawsuits when necessary
• Represent you in court

Special Considerations

Independent Contractor Status

Since rideshare drivers are independent contractors:

• Direct claims against Uber/Lyft are limited
• Primary liability falls on the driver
• Rideshare insurance is often secondary coverage

Arbitration Clauses

Many rideshare user agreements contain arbitration clauses:

• May limit your ability to sue
• Requires dispute resolution through arbitration
• An attorney can evaluate if these clauses apply to your case

Time Limits

Statutes of limitations vary by state:

• Typically 1-6 years for personal injury claims
• Shorter deadlines for property damage
• Even shorter deadlines for claims against government entities

Act quickly to preserve your rights.

Frequently Asked Questions

Can I sue Uber or Lyft directly?

You can file a claim against their insurance, but suing the company directly is challenging due to their independent contractor model. However, there are exceptions for negligent hiring, app malfunctions, or company vehicle maintenance issues.

What if the rideshare driver was uninsured?

The rideshare company's insurance should still cover you based on the driver's status in the app at the time of the accident.

How long does a rideshare accident claim take?

Cases typically take 6 months to 2 years, depending on injury severity, liability disputes, and whether litigation is necessary.

Conclusion

Rideshare accidents involve unique challenges that require specialized legal knowledge. With multiple insurance policies, complex liability questions, and corporate legal teams protecting rideshare companies, having an experienced attorney is crucial.

If you've been injured in a rideshare accident, don't navigate this complex process alone.

Contact us for a free consultation to discuss your case.