If you've been in a car accident with an Uber or Lyft, you're probably wondering what your next steps are. With medical bills, car repairs, and time missed from work piling up, it's natural to ask: Can I sue Uber or Lyft for my accident?
The short answer is yes, it’s often possible to sue Uber or Lyft if you were involved in an accident with one of their drivers. However, whether you can, and whether it makes sense to, depends on the specific details of the crash.
It's not always straightforward, mainly because of how rideshare companies set up their insurance. A rideshare accident attorney can help you decide if it’s in your best interest to sue Uber or Lyft after an accident.
Who Is Responsible for an Uber or Lyft Accident?
After any car crash, the first thing to figure out is who was at fault. In legal terms, this is called liability. The person or company found liable is generally responsible for paying for the harm caused by the accident.
When an Uber or Lyft driver is involved, figuring out liability gets trickier. Was the rideshare driver careless? Did another driver cause the crash? Was the driver logged into the app at the time of the wreck? Sometimes, more than one person might share the blame.
Uber and Lyft drivers are independent contractors, not employees. Rideshare companies often use this status to argue they’re not directly responsible for a driver's actions. While this is true in some ways, it doesn’t mean Uber or Lyft can never be held responsible after a crash.
Rideshare companies are required by law in most states to carry significant insurance policies specifically for accidents involving their drivers. The key is understanding when these large insurance policies apply, which is one of the main benefits of hiring a rideshare accident lawyer.
Suing the company might be possible if their actions (how they screen drivers or manage their platform) contributed to the accident, but most often, the path to compensation involves their specific rideshare insurance.
Uber and Lyft Insurance: The Factor That Makes Rideshare Accidents Unique
Uber and Lyft have different insurance coverage amounts depending on what the driver was doing at the exact time of the accident. Think of it like different periods or stages of the driver's work.
The Driver's App Is Off
If the driver was not logged into the Uber or Lyft app when the accident happened, they’re considered to be driving for personal reasons, making them just another driver on the road. In this situation, Uber or Lyft's insurance doesn’t apply at all.
If you’re involved in an accident with an Uber or Lyft driver who was off duty, you would need to make a claim against their personal car insurance policy, just like you would with any other driver.
If the driver's personal insurance is not enough to cover your damages, or if they have no insurance, you can use your own uninsured or underinsured motorist coverage if you have it.
The Driver's App Is On, Waiting for a Ride Request
This stage is when the rideshare driver has logged into the app and is available to accept ride requests, but they haven’t yet accepted one.
During this time, Uber and Lyft provide a lower level of liability insurance coverage. This coverage typically only kicks in if the driver's own personal car insurance denies the claim or if the driver has no personal insurance.
The coverage is called contingent liability coverage, which means it's available under specific conditions, primarily if the driver's insurance isn't applicable.
Driver Accepted a Ride or Is Transporting a Passenger
This scenario triggers Uber and Lyft's most significant insurance coverage. This period starts when the driver accepts a ride request and continues while they’re driving to pick up the passenger and during the entire trip with the passenger in the car.
This insurance covers injuries and property damage caused to others (such as passengers, people in other vehicles, pedestrians, and cyclists) if the Uber or Lyft driver is at fault for the accident.
Additionally, Uber and Lyft provide bodily injury coverage for uninsured/underinsured motorists (UM/UIM). This means that if the accident was caused by another driver who either has no insurance or does not have enough insurance to cover the injuries, you can still make a claim under the Uber or Lyft policy.
This applies to the rideshare driver, any passengers in the rideshare vehicle, and potentially others injured by the uninsured/underinsured driver in the same crash.
What Can You Be Compensated for After a Rideshare Crash?
If you’re injured in an accident caused by an Uber or Lyft driver, or covered by their UM/UIM policy, you can seek compensation for various losses.
- Medical expenses: This includes past bills (hospital stays, doctor visits, physical therapy, medication) and expected future medical costs related to your injuries.
- Lost wages: This compensation is for your lost income if you couldn't work due to your injuries.
- Loss of earning capacity: If your injuries prevent you from earning the same income in the future, you may receive compensation.
- Property damage: This payment is to repair or replace your vehicle or other damaged property, like a bicycle or personal items.
- Pain and suffering: You can seek compensation for the physical pain and emotional distress caused by the accident and your injuries.
- Emotional distress: This payment is for anxiety, depression, or other psychological impacts stemming from the traumatic event.
- Loss of enjoyment of life: If your injuries prevent you from participating in hobbies or activities you previously enjoyed, you can seek compensation.
The value of a claim depends on the severity of the injuries, the total amount of economic losses, and the impact on your life. Each case has a specific set of facts, and a rideshare crash attorney can help you calculate the worth of your claim.
Why Sue Uber or Lyft Instead of Just the Driver?
You might wonder why you would pursue a claim against Uber or Lyft's insurance, or potentially sue the company, instead of just dealing with the driver. There are several reasons:
- Higher insurance limits: Uber and Lyft's commercial insurance policies offer much higher coverage limits than a typical personal auto insurance policy. The rideshare company's policy provides a better chance of covering all your damages.
- Driver's personal assets: Even if the driver was clearly at fault, they might not have enough personal assets to cover your damages beyond their insurance limits.
- Ensuring coverage applies: Sometimes, a driver's personal insurance company will deny a claim if it finds out the driver was working for Uber or Lyft. Pursuing a claim under the Uber/Lyft policy might be the only way to get coverage.
- Accountability: In some specific situations, there might be reasons to argue that Uber or Lyft themselves were negligent in a way that contributed to the accident. This could involve arguments about how they hired or screened the driver, or how their app functions, though these types of claims can be more complex.
Making a claim against the large corporate insurance policy is often the most practical way to seek the full compensation you deserve after a serious accident involving an Uber or Lyft vehicle.
What if You Were a Passenger in an Uber or Lyft during a wreck?
If you were a passenger in an Uber or Lyft during an accident, you are generally well-covered. If another driver caused the accident and has enough insurance, you would typically claim against that driver's policy first.
However, if the at-fault driver is uninsured or underinsured, the rideshare’s UM/UIM coverage is available to cover your injuries.
Passengers are rarely considered at fault for the accident. Your main concern is filing your claim correctly with the appropriate insurance policy. A rideshare accident attorney can help you determine who was responsible and which insurance company to target.
What if You Were in Another Car, a Pedestrian, or a Cyclist?
If you were driving your own car, walking, or cycling, and you were hit by an Uber or Lyft driver, your situation depends heavily on who was at fault and the driver's app status.
If the Uber or Lyft driver was at fault:
- If the driver was off duty (app off), you claim against their personal insurance.
- If the driver was en route or on a trip, you can claim against the rideshare’s liability policy.
If another driver was at fault for the crash involving you and the Uber or Lyft vehicle:
- You would primarily claim against the at-fault driver's insurance.
- Uber/Lyft UM/UIM coverage usually protects the rideshare driver and passengers, not those in other cars. You would typically use your own car insurance's UM/UIM coverage if you are hit by an uninsured driver while in an Uber or Lyft.
How a Rideshare Accident Attorney Can Help You
Accidents that involve rideshare companies like Uber or Lyft can be more complex than typical car accidents due to the involvement of large corporations and the varying insurance regulations.
A lawyer who understands these types of cases can help in many ways:
- Investigate the accident: An attorney can gather evidence to determine fault and confirm the driver's app status at the time of the crash.
- Explain your rights: They can clearly explain which insurance policies apply and what compensation you might be entitled to.
- Handle insurance companies: Lawyers are used to dealing with insurance adjusters. They can handle communications, negotiate on your behalf, and protect you from tactics adjusters might use to minimize your claim.
- Calculate damages: A rideshare accident lawyer can help assess the full value of your claim.
- Meet deadlines: There are time limits, called statutes of limitations, for filing personal injury lawsuits. A lawyer ensures you don't miss these important deadlines.
- File a lawsuit if necessary: If the insurance company doesn’t offer a fair settlement, a lawyer can prepare and file a lawsuit against the responsible parties.
Frequently Asked Questions About Uber and Lift Car Accidents
Here are answers to some common questions about accidents involving Uber or Lyft:
Who Do I Actually Make a Claim Against: The Driver or Uber/Lyft?
If the driver was not logged into the app (off duty), you would make a claim against their personal car insurance, just like with any other driver. If the driver was logged into the app and waiting for a ride request, their personal insurance is usually looked at first.
If the driver’s personal insurance doesn't apply or isn't enough, Uber or Lyft provides a smaller backup policy. If the driver had accepted a ride or was driving a passenger, then Uber or Lyft have a large insurance policy that you would claim against.
What if Another Driver Caused the Accident, but They Don’t Have Insurance?
If you were a passenger in the Uber or Lyft (or if you were the rideshare driver yourself) and the accident was caused by another driver who has no insurance or not enough insurance, you can likely make a claim under the large UM/UIM policy provided by Uber or Lyft.
This policy is active from when the driver accepts a ride until the passenger exits the vehicle. It's designed to protect those inside the rideshare vehicle in this exact situation.
Why Should I Get a Lawyer After an Uber or Lyft Accident?
Accidents involving rideshare companies are more complex because of the specific insurance rules based on the driver's app status.
A rideshare accident lawyer can determine which insurance policy applies, deal with the insurance adjusters from large companies who may try to pay less, calculate your damages, and ensure you don't miss important deadlines for filing claims or lawsuits.
Talk With a Rideshare Accident Attorney Today
You can sue Uber or Lyft after an accident, depending on the circumstances, particularly the driver's status on the app and who was at fault. The insurance structure is designed to provide coverage, especially when a driver is actively working on a ride.
If you've been injured in an accident involving an Uber or Lyft, exploring your legal options can help you on the road to recovery. Contact LegalRideshare Injury Lawyers today at (312) 767-7950 for a free, confidential consultation or contact us online.