Overview
Liability in a rideshare accident depends heavily on what the driver was doing at the moment of the crash and who else was involved. Uber and Lyft carry large commercial insurance policies, but those policies only apply under specific circumstances, and figuring out which insurance actually pays can get complicated fast. Whether you were a passenger, another driver, or a pedestrian, the rideshare company's app status at the time of the crash is often the key detail.
Frequently Asked Questions
Who is liable in a rideshare accident?
It depends on the driver's app status and who caused the crash. If the rideshare driver was at fault while actively transporting you or en route to pick you up, the company's commercial insurance policy typically applies. If another driver caused the crash, their personal insurance is usually the primary source of compensation, with the rideshare company's policy potentially filling in gaps. If the driver was logged into the app but hadn't accepted a ride yet, a smaller contingent coverage often applies.
Does it matter if the rideshare app was on or off during the crash?
Yes, significantly. Uber and Lyft's insurance coverage changes based on whether the driver's app was off, on and waiting for a ride request, or actively en route to or transporting a passenger. Each phase carries a different level and type of coverage, which is why pulling the driver's app data is an important early step.
Can I file a claim if I was a passenger injured in the rideshare vehicle?
Yes. Passengers injured during an active ride are generally covered under the rideshare company's commercial policy regardless of who caused the crash, since that policy is designed to protect riders during trips.
What if I was hit by an Uber or Lyft driver while I was a pedestrian or in another car?
You can typically pursue a claim against the at-fault driver, and if that's the rideshare driver while actively working, the company's commercial coverage may apply. Determining which policy responds can be complex, which is why documentation of the driver's app activity matters.
Should I report the accident to Uber or Lyft directly?
Reporting through the app creates an official record, but it's wise to be careful about what you say, since these reports can become part of the claims file. Getting medical attention and legal guidance first can help you avoid saying anything that gets used against your claim later.
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Get A Free Case Review →This page is for general informational purposes only and does not constitute legal advice. Laws vary by state and every case is different. Contact us to discuss the specific facts of your situation.
