Car Accidents With Uber or Lyft Drivers

If you've been hit by an Uber or Lyft driver, you're probably wondering how you can get compensation for your car accident injuries and related losses. Who is responsible for paying your medical bills? Whose car insurance will cover the crash? Are Uber or Lyft on the hook? Read on for the answers to these questions and more.

(If you were involved in an accident as a rideshare customer, learn what happens if you're injured while riding in an Uber or Lyft.)

What to Do After a Rideshare Accident

Most of the steps you'd take immediately after a car accident also apply to a crash involving an Uber or Lyft vehicle. Hopefully you also figured out the driver's status on the app at the time of the accident:

• Did the rideshare driver have the app on or off?
• Was the driver waiting for a ride request?
• Was there a customer in the car at the time of the accident?

Uber and Lyft's insurance coverage kicks in when drivers are active on the apps. Coverage limits vary during different phases of rides. More on this later.

Reporting an Accident to Uber or Lyft

Reporting an accident to Uber or Lyft is like talking to an insurance adjuster after an accident. Be careful what you say. Report only basic facts about the accident: where, when, the type of accident, the vehicles involved, and the identity of witnesses. Don't give a detailed description of your injuries. You can start the process by following these instructions:

• What to do after a car accident (from Uber.com)
• Report accident (Lyft.com)

Who Pays If You're Hit By an Uber or Lyft Driver?

When you make a car accident claim, you have to show who was at fault for the accident and how the accident harmed you ("damages"). The driver who caused the accident—or that driver's insurance company— is typically responsible (liable) for paying for your medical bills, lost wages, pain and suffering, and other accident-related losses.

The situation is a little more complicated when a rideshare driver is involved in an accident. Most personal auto insurance policies don't cover accidents that happen when a vehicle is used for commercial purposes. So, unless a rideshare driver has purchased an expensive commercial policy, or has a ride-sharing "endorsement" (available in a few states), a driver's personal insurance won't cover a rideshare accident.

Fortunately, Uber and Lyft have responded to this problematic scenario by providing liability insurance to their drivers as soon as the drivers log into their apps and are available for ride requests. Drivers might have to submit claims to their own insurance carriers first.

A lawyer can help you figure out who is responsible for paying for your injuries and losses. You can probably file claims against your rideshare driver's personal insurance and Uber or Lyft.

Uber/Lyft Drivers and Car Insurance

Both Uber and Lyft provide liability coverage for their drivers, with coverage that varies depending on when an accident occurs:

• App is off: When a driver's app is off, Uber and Lyft provide no coverage. The driver's own auto insurance applies.
• App is on, waiting for a ride request: When a driver is logged into the app and is available for ride requests, Uber/Lyft provide liability insurance for covered accidents if a driver's personal insurance doesn't apply. Coverage includes up to $50,000 in bodily injury per person, $100,000 in bodily injury per accident, and $25,000 in property damage liability.
• App is on, picking up riders or during trips: Once a driver has accepted a trip and is picking up or transporting riders, Uber/Lyft provide liability insurance for covered accidents of up to $1 million, plus limited coverage for damage to the driver's car, and uninsured motorist coverage (UIM).

Can I Sue Uber or Lyft?

This is a fair question when you've been hit by a rideshare driver, but Uber and Lyft often use their drivers' status as independent contractors as a defense to liability. An employer can be liable for an employee's driving, but a business typically isn't liable for an independent contractor's driving.

Your best bet for recovering compensation after a rideshare accident is to try to tap into Uber or Lyft's insurance coverage. You'll have to show that the rideshare driver was mostly at fault for the accident.

If your insurance claim is denied or underpaid, you can try filing a lawsuit against Uber or Lyft. But be prepared for the company to argue that you gave up your right to file a lawsuit when you accepted the terms and conditions of the rideshare service. Both companies require drivers and riders to resolve nearly all legal disputes with the company through arbitration.

A Lawyer's Help Is Crucial in a Rideshare Accident Claim

A lawyer can help you file an insurance claim, answer questions about whether you can sue Uber or Lyft, negotiate an insurance settlement, and help you get the best possible outcome in your case. Learn more about how a car accident attorney can help, and get tips on finding the right injury lawyer for you and your case.