Injured in an Uber or Lyft?

Yes, you may be able to make a personal injury claim if you were injured while riding in an Uber or Lyft. However, rideshare accident claims can be more complicated than ordinary car accident cases because several drivers, insurance companies, and policies may be involved.

The insurance that applies generally depends on who caused the accident and what the rideshare driver was doing when the collision occurred.

Who May Be Responsible?

The party responsible for your injuries will depend on how the accident happened.

Potentially responsible parties may include:

• The Uber or Lyft driver
• The driver of another vehicle
• Multiple drivers who shared responsibility
• The owner of another involved vehicle
• A vehicle or parts manufacturer
• A government agency responsible for a dangerous road condition

Uber and Lyft may also maintain commercial insurance that applies to covered accidents during certain stages of a ride. Accessing that insurance does not necessarily mean the rideshare company itself was legally responsible for causing the collision.

What If the Uber or Lyft Driver Caused the Accident?

If the rideshare driver caused the collision while transporting you, the commercial liability insurance maintained for the ride may provide coverage for your injuries.

Uber states that it maintains at least $1 million in liability coverage while a driver is traveling to pick up a passenger or completing a trip. Lyft similarly states that it maintains at least $1 million in third-party liability coverage during passenger pickups and rides in most markets. Policy terms, exclusions, and state-specific rules may affect the coverage available in a particular case.

A claim may seek compensation for losses such as:

• Emergency medical care
• Hospital and doctor bills
• Physical therapy
• Future medical treatment
• Lost wages
• Reduced earning ability
• Pain and suffering
• Emotional distress
• Damaged personal property

The amount that may be recovered depends on the seriousness of the injuries, the available evidence, insurance limits, and the effect the accident has had on the injured person’s life.

What If Another Driver Caused the Accident?

If another motorist caused the crash, the injured passenger may first have a claim against that driver and the driver’s insurance company.

Problems can arise when the responsible driver:

• Does not have insurance
• Does not have enough insurance
• Leaves the scene
• Disputes responsibility
• Was driving someone else’s vehicle
• Was working at the time of the accident

Uninsured or underinsured motorist coverage may apply in some rideshare accidents. The available coverage can vary by state, company, policy period, and accident date. Uber and Lyft both caution that first-party coverage, including uninsured or underinsured motorist protection, can vary.

Does It Matter Whether I Was Already in the Vehicle?

Yes. Rideshare insurance is often divided into different periods based on the driver’s activity.

These periods generally include:

1. The driver’s app is turned off.
2. The app is on, but the driver has not accepted a ride.
3. The driver has accepted a ride and is traveling to the passenger.
4. The passenger is inside the vehicle and the ride is in progress.

California requires substantial commercial liability coverage after a rideshare driver accepts a request and while a passenger is being transported. The California Public Utilities Commission identifies these as the periods during which primary commercial insurance applies.

For a passenger who is already inside an Uber or Lyft, the ride receipt and app records can be important evidence showing that an active trip was underway.

What Should I Do After a Rideshare Accident?

Your health and safety should come first. Call 911 when necessary and seek medical attention, even when the symptoms initially seem manageable.

You should also try to:

• Report the collision through the Uber or Lyft app
• Request the police report number
• Screenshot the trip and driver information
• Save the electronic ride receipt
• Photograph the vehicles and accident scene
• Obtain contact information from witnesses
• Keep medical records, bills, and receipts
• Document time missed from work
• Avoid deleting app messages or accident-related photographs

Some injuries, including concussions, soft-tissue injuries, and back or neck problems, may become more noticeable after the initial shock of the accident has passed. Delaying medical care can also give an insurance company an opportunity to argue that the injury was unrelated or not serious.

Should I Speak With the Insurance Company?

You may be contacted by an insurance adjuster representing the rideshare driver, another motorist, or a commercial rideshare policy.

Be careful before giving a recorded statement, signing a medical authorization, or accepting an early settlement. The full extent of an injury may not be known immediately, and a settlement normally requires the injured person to release the covered parties from additional liability.

A personal injury attorney can help determine:

• Which insurance policies may apply
• Who should receive notice of the claim
• Whether more than one party was responsible
• Whether the settlement accounts for future treatment
• Whether the insurance company is requesting unnecessary information

Is the Accident Reported Automatically?

Do not assume that an in-app report replaces every other required accident report.

In California, a driver or an authorized representative must submit an SR-1 report to the Department of Motor Vehicles within 10 days when someone is injured or killed, or when property damage exceeds $1,000. The SR-1 is required in addition to reports made to law enforcement or an insurance company.

A passenger is not normally the person responsible for filing the driver’s SR-1, but passengers should preserve the police report, ride information, and all communications concerning the crash.

How Long Do I Have to Make a Claim?

In California, the general deadline for filing a personal injury lawsuit is usually two years from the date of the injury. Different or shorter deadlines may apply when a government agency is involved or under other special circumstances.

Insurance claims also involve practical deadlines that may arise well before the statute of limitations expires. Evidence can disappear, witnesses can become difficult to locate, and electronic trip records may become harder to obtain.

It is generally best to investigate the accident as soon as possible.

Talk to a Personal Injury Attorney

Rideshare accident cases may involve several insurance carriers and competing explanations of who caused the crash. An attorney can investigate the accident, preserve app and insurance records, communicate with the insurers, and evaluate the compensation available for your injuries.

Being a passenger does not prevent you from making a claim. In many cases, passengers have a strong position because they were not operating either vehicle involved in the collision.

Need legal help? In California, navigating legal challenges, whether they involve personal injury, workers’ compensation, criminal defense or civil litigation, can be overwhelming. Khoury Law Group is here to provide the critical legal support you need. As a leading advocate for individuals facing legal battles, our experienced attorneys understand the complexities of the legal system and are committed to fighting for your best interests. With personalized legal strategies and compassionate support, we are dedicated to achieving the justice and compensation you deserve.

CONTACT US FOR HELP. Call us at (888) 354-6879 or fill out the form on our Contact page.