Injured in an Uber or Lyft Accident? Here's What to Do

Rideshare Accidents: A New Kind of Legal Complexity

Rideshare services like Uber and Lyft have transformed how millions of people get around, but they have also created a new and confusing category of accident claims. Whether you were a passenger in the rideshare vehicle, a driver or passenger in another car, a pedestrian, or a cyclist, the process for seeking compensation after a rideshare accident involves unique challenges that do not exist in standard car accident cases.

This guide explains the insurance layers, liability questions, and steps you need to take to protect your rights after an Uber or Lyft accident.

The Three Phases of Rideshare Insurance Coverage

The amount of insurance coverage available in a rideshare accident depends on what the driver was doing at the time of the accident. Both Uber and Lyft provide insurance coverage in three phases, and the coverage amounts change dramatically between phases.

Phase 1: App Is Off

When the rideshare driver's app is turned off, they are considered a regular private driver. Only their personal auto insurance applies. Uber and Lyft provide no coverage during this phase.

Phase 2: App Is On, Waiting for a Ride Request

When the driver has the app on and is waiting for a ride request but has not yet accepted one, limited liability coverage kicks in. This typically includes lower amounts of liability coverage, often around $50,000 per person for bodily injury.

Phase 3: Ride Accepted Through Drop-Off

Once the driver accepts a ride request and until the passenger is dropped off, the highest level of coverage applies. Both Uber and Lyft provide up to $1 million in liability coverage during this phase, plus uninsured and underinsured motorist coverage.

Why the Phase Matters

Determining which phase the driver was in at the time of the accident is one of the most critical factors in a rideshare accident claim. The difference between Phase 2 and Phase 3 coverage can mean the difference between limited recovery options and a million-dollar policy. An experienced attorney will obtain records from the rideshare company to establish exactly what phase the driver was in.

Who Is Liable in a Rideshare Accident?

The Rideshare Driver

If the Uber or Lyft driver caused the accident through negligent driving, they bear personal liability. However, because rideshare drivers are classified as independent contractors rather than employees, the pathway to holding the rideshare company itself liable is more complicated.

The Rideshare Company

Uber and Lyft have structured their business model to limit their direct liability by classifying drivers as independent contractors. However, this does not mean the companies escape all responsibility. Their insurance policies cover accidents during active rides, and in some jurisdictions, courts have found that rideshare companies bear some responsibility for driver conduct.

Additionally, if the company failed to properly screen a driver, ignored complaints about dangerous driving, or allowed a driver with a suspended license to continue operating, the company may face direct liability for negligent practices.

Another Driver

If a third-party driver caused the accident, their personal auto insurance is the primary source of compensation. However, if their coverage is insufficient to cover your injuries, the rideshare company's uninsured or underinsured motorist coverage may apply, depending on the phase.

Multiple Liable Parties

Rideshare accidents often involve shared fault among multiple parties. The rideshare driver, another driver, and even a vehicle manufacturer could all bear some responsibility. Understanding [how comparative fault affects your claim](/blog/understanding-comparative-fault-car-accidents) is important in these multi-party situations.

Your Rights as a Rideshare Passenger

As a passenger in an Uber or Lyft, you have strong legal protections because you are almost never at fault for the accident. You did not cause the collision, so your right to compensation is clear. Key rights include the right to file a claim against any at-fault party, access to the rideshare company's insurance coverage during active rides, the right to seek compensation for all injuries and damages, and freedom to hire your own attorney independent of the rideshare company.

What to Do If You Are Injured as a Passenger

For a comprehensive list of steps after any vehicle accident, see our guide on [what to do after a car accident](/blog/what-to-do-after-car-accident).

Filing a Rideshare Accident Claim: Step by Step

Step 1: Report the Accident

Report the accident through the Uber or Lyft app immediately. Both companies have in-app safety features and accident reporting tools. This creates an official record with the company and triggers their insurance process.

Step 2: Seek Medical Treatment

Visit an emergency room or urgent care as soon as possible. Document all injuries and follow through with all recommended treatment. Gaps in medical treatment are used by insurance companies to argue your injuries are not serious, a common tactic discussed in our article on [mistakes to avoid after an accident](/blog/common-mistakes-after-car-accident).

Step 3: Gather Evidence

Collect as much evidence as possible including photos of all vehicles and the accident scene, the police report number, names and contact information of all parties and witnesses, your rideshare trip details from the app, and medical records from your initial treatment.

Step 4: Consult an Attorney Before Speaking to Insurance

Rideshare accident claims involve multiple insurance companies, each trying to minimize their payout. The rideshare driver's personal insurer may deny coverage claiming the driver was working. The rideshare company's insurer may dispute the phase of coverage. The other driver's insurer will try to shift blame. Having an attorney coordinate communication with all parties protects you from making statements that could hurt your claim.

Step 5: Identify All Sources of Recovery

An experienced attorney will identify every available insurance policy and liable party to maximize your compensation. This may include the rideshare company's commercial policy, the rideshare driver's personal policy, the other driver's liability policy, your own uninsured or underinsured motorist coverage, and your personal health insurance for initial medical bills.

Common Rideshare Accident Scenarios

Passenger Injured When Rideshare Driver Is at Fault

This is the most straightforward scenario. The rideshare company's commercial insurance applies because you were on an active ride. You can file a claim against the driver and access the company's million-dollar policy.

Passenger Injured When Another Driver Is at Fault

You would file a claim against the at-fault driver's insurance first. If their coverage is insufficient, the rideshare company's underinsured motorist coverage can provide additional compensation.

Another Driver or Pedestrian Injured by a Rideshare Driver

If you were hit by an Uber or Lyft driver, the available insurance depends on what phase the driver was in. An attorney can subpoena records from the rideshare company to establish the phase and available coverage.

Protecting Your Rights After a Rideshare Accident

Rideshare accident claims are among the most complex personal injury cases because of the multiple insurance layers and liability questions involved. The insurance companies representing the rideshare company, the driver, and any other involved parties all have teams of adjusters and attorneys working to minimize their payouts.

You need someone equally capable fighting on your side. [Request your free case review today](/#free-review) to speak with an attorney who understands rideshare accident claims and can navigate the complex insurance landscape to get you the compensation you deserve.