Ridesharing services like Uber and Lyft have dominated the transportation scene, facilitating over 11 billion trips worldwide. Most of these trips are accident-free, but a certain percentage of them end differently. In the rare occasion you were caught in an Uber or Lyft collision, you’ll need a rideshare accident lawyer by your corner.
Ridesharing policies, insurance coverage amounts, and laws are evolving. Some rules and protocols depend on the state where your accident occurred.
If you got into an Uber or Lyft accident, you may need an auto accident attorney to protect your rights. Read on for an overview of what to do and expect if you were injured in a rideshare accident.
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What Qualifies as a Rideshare Accident?
A passenger in a rideshare vehicle or a pedestrian hit by a rideshare driver is covered by Uber or Lyft’s $1 million liability insurance policy. However, what qualifies as a rideshare accident depends on the status of the rideshare driver.
Insurance policies only come in effect when the driver is:
- En route to pick up a rider, or
- A ride is underway.
When the driver is logged in but still waiting for a passenger, the liability coverage is just $50,000. If the rideshare app is off, the driver’s own personal insurance policy will be in effect.
If the driver’s status was unclear during your collision, you may need to consult a rideshare accident lawyer to discuss further actions. There may be receipts and screenshots you can use as evidence to further your claim.
What to Do After an Uber or Lyft Accident
The way you handle a rideshare accident is identical to how you would handle a regular accident. Confirm the immediate safety of everyone involved, gather evidence, and exchange info between all parties.
To achieve those goals, follow these steps to help your rideshare accident lawyer support your claim:
- Check to see if everyone involved is okay. If there are injuries or damage, contact the police and paramedics. Remain calm and do not leave the accident scene.
- Do not admit any fault or guilt for causing the accident.
- Write down the names and contact information of any witnesses.
- Take photos of any vehicle damage, including your own. Acquire contacts and insurance info of other involved drivers and riders.
- Get a medical evaluation from a healthcare provider as soon as possible. Also, get a copy of the police report if there is one.
Types of Rideshare Accidents You May Encounter
Just like a regular crash, rideshare accidents may occur in a variety of collisions. It’s important to know the nature of these collisions to properly assess the damages you may have sustained.
- Rear end collisions: Usually the result of tailgating or brake checking, rear-end collisions are one of the most common types of rideshare car accidents. According to the National Safety Council (NSC), approximately 40.8% of all car accidents were rear-end collisions in 2022.
- Sideswipe collisions: These occur when drivers are merging and changing lanes while not paying attention to other drivers doing the same. Failing to use turn signals or not checking for blind spots further increases chances of a sideswipe rideshare accident.
- T-Bone car accidents: This happens when the front of one car crashes into the side of another vehicle. Many T-Bone rideshare accidents start due to one car not appropriately yielding the right-of-way at an intersection.
What differentiates a rideshare accident lawsuit from other legal claims is the amount of parties potentially involved in the case. If you’re involved in the incidents below, it’s important to follow these steps closely to abide by your state’s car accident laws.
Rideshare Accidents as a Driver
If you are a rideshare driver in a motor vehicle collision, it’s your job to report the crash through your rideshare app.
If you drive for Uber, you’ll select the “Safety Toolkit” by tapping the blue shield symbol in the bottom-left corner of the map, then tap “Report a crash.” Report what happened and submit your claim.
Lyft also has a similar system where you’ll select “Accident, damage, or unsafe ride”, then click “Report an accident.”
If the accident was another driver’s fault, you may file a claim against the at-fault driver. If the at-fault driver was uninsured or underinsured, Uber or Lyft’s Uninsured Motorist/Underinsured Motorist policy will cover the damages up to $1 million per accident.
IMPORTANT: Uber and Lyft commercial insurance policies will only pay settlements if there are passengers in the vehicle, or if the driver is presently logged onto the app and is actively looking for a passenger.
Rideshare Accidents as a Passenger
If your Uber or Lyft driver is at-fault for the accident, then a maximum of $1 million is available as compensation for your losses. But if a different driver is to blame, their insurance applies.
However, if the at-fault driver involved in your rideshare accident doesn’t have any insurance (or not enough) you can make a claim on the Uber or Lyft driver’s policy. Their drivers have uninsured or underinsured motorist coverage.
Assault By an Uber or Lyft Driver
While Uber and Lyft both have built-in technology in their apps that keeps riders safe on trips, assaults still occur. Over 2,000 Uber assaults occurred between 2021 and 2022, and Lyft is not far off as well. The majority of these assaults were sexual in nature.
The first thing to do if you were assaulted by an Uber or Lyft driver is to call authorities immediately. Such crimes may be grounds for criminal charges, and your immediate safety is imperative before issuing such lawsuits.
Next, you may be able to file a claim against Uber or Lyft if you were injured as a result of the actions of a rideshare driver. These companies have a $1 million commercial policy.
Again, if you are attacked, then you will need to consider pressing charges, making a claim against the driver, and making a claim against the rideshare company.
How a Rideshare Accident Lawyer Can Prove Your Case
Establishing driver negligence is one of the key components of proving fault in a ridesharing accident. Your rideshare attorney does this by reviewing police reports, surveillance videos, witness accounts, past rideshare safety records, etc.
There is an incredible amount of paperwork and negotiations to do before a rideshare claim concludes. The parties that may be involved in these interactions include:
- Your insurance company
- Your driver’s insurance company
- Uber and Lyft’s support team
- The other driver’s insurance company, if your driver hit another person
Deciding whether the rideshare company’s insurance policy or the driver’s personal policy applies to your case may be difficult. A rideshare accident lawyer can sort the facts and determine accurately whether the driver or Uber/Lyft is responsible for your losses.
Common Injuries From a Rideshare Accident
Your Lyft accident lawyer will evaluate the ways your life has been affected by your accident and the extent of your injuries to determine whether you have the right to financial compensation.
Common injuries from a rideshare accident include:
- Internal bleeding
- Traumatic brain injuries
- Organ damage
- Whiplash
- Post-traumatic stress disorder (PTSD)
- Bone fractures
- Spinal cord damage
- Back and neck injuries
- Lacerations/abrasions
These are all the result of either impact injuries or penetrating injuries. Blunt trauma happens when a passenger or driver strikes an object without penetrating the body. For instance, a passenger may suffer back and head injuries from striking the car repeatedly in a rollover accident.
Penetrating injuries occur when loose flying objects like broken glass penetrate the body and create a wound.
How Does Insurance Work in an Uber or Lyft Accident?
When drivers earn income from a ridesharing app, many states require extra insurance. Uber and Lyft maintain this insurance on their behalf. What’s covered depends on factors such as:
- Who was at-fault
- Whether the driver was offline, online, en route, or on-trip
- Their personal insurance policy
When a driver is online using Uber, third-party liability insurance covers the cost of injuries or damage in at least the following amounts:
- $50,000 per person and $100,000 per accident for injuries
- $25,000 in property damage per accident
Depending on the law of your state, Uber may maintain extra coverage for the driver and their riders.
Rideshare Accidents vs. Other Car Accidents
Rideshare accident claims differ from regular car accident claims. Why? Because there is an extra layer of insurance coverage involved (the policies carried by Uber or Lyft). This is also the situation with rental car accidents.
So, Uber and Lyft offer additional coverage for drivers for when accidents occur while drivers are working. The next tricky part, then, is figuring out if they were “working” when the accident occurred.
This depends on whether the driver was carrying passengers, dropping off passengers, or on the way to pick up passengers.
While rideshare drivers must carry their own personal insurance coverage, personal policies exclude coverage for accidents that result from “commercial activity”, including rideshare services.
How Much is a Rideshare Accident Settlement?
Your accident settlement should account for everything the accident cost you. This means your rideshare accident settlement amount depends on the extent and severity of your accident losses. These can be as low as $10,000 or raise to $1 million if gravely injured.
The specific damages amount will take the following variables into consideration:
- Medical expenses
- Lost income
- Pain and suffering
- Disability
- Disfigurement
- Mental anguish
- Loss of consortium
These take the form of compensatory damages, which are the tangible and intangible losses you experienced from the crash.
You may also receive punitive damages from a rideshare accident if the driver acted grossly negligent, needlessly endangering human life. These damages intend to punish the driver and prevent further actions in the future, rather than compensate for your losses.
When to File a Rideshare Accident Legal Claim
To avoid running into your state’s statute of limitations (usually one to four years after the date of the accident), file your legal claim as soon as possible. A rideshare accident attorney who specializes in these types of cases can help.
If you do use an attorney, it’s extremely rare for you to have to go to court. According to recent data, 95% of car accident claims settle without going to trial. Of those that do go to trial, 57% rule in the plaintiff’s favor.
File Your Lawsuit With a LegalASAP Rideshare Accident Lawyer
If you’ve been involved in a rideshare accident, you may not receive appropriate compensation for your losses until you pursue a vehicle accident lawsuit.
An auto accident lawsuit through an experienced rideshare accident lawyer means your lawyer can handle the filing and negotiations with Uber or Lyft’s insurance company. They understand the process and can get the best result for your case.
To find an experienced auto accident lawyer in your area to help with your vehicle accident lawsuit, contact LegalASAP. We connect with a network of trustworthy lawyers who can review your case, free-of-charge. Don’t wait, and speak with a rideshare accident attorney today.
Laura Schaefer
Laura Schaefer is the author ofThe Teashop Girls,The Secret Ingredient, andLittler Women: A Modern Retelling. She is also an active co-author or ghostwriter of several nonfiction books on personal and business development. Laura currently lives in Windermere, Florida with her husband and daughter and works with clients all over the world. Visit her online at lauraschaeferwriter.com and linkedin.com.