UBER/LYFT ACCIDENT

Determining Liability in a Rideshare Accident

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If you got injured as a passenger in an Uber or Lyft accident, your injuries and damages may be covered by a commercial insurance policy. Also, you can file a lawsuit against the company your driver works for because of the negligent actions their driver performed.

 

In order to prove the driver or rideshare company was negligent under state law, you must prove the following elements:

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• Duty of Care

• Breach of Duty

• Damages

• Causation

 

Uber and Lyft carry $1 million commercial insurance policies to help bridge the gap between a driver’s personal vehicle coverage and any damages that exceed it. In instances where a vehicle strikes the one you are riding in; you may have to pursue the driver of the other car for damages. Rideshare companies carry uninsured/underinsured motorist policies for situations like this. The policy applies when another at-fault vehicle causes an accident and doesn’t have appropriate insurance coverage.

Special Conditions for Uber and Lyft Driver Liability

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In the event your Uber or Lyft driver is responsible for injuries you suffered in an accident, liability will depend on what part of the trip the driver was on at the time of the accident.

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Typically, four different situations will affect the level of liability a driver may have after negligently causing you injuries in an accident:

 

• Their rideshare app is on, and they are waiting for a passenger assignment.

• They do not have the app turned on and are not waiting for passengers.

• They have already picked up a passenger.

• They are on their way to pick up a passenger.

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These scenarios are critical to your injury case because they will determine whose insurance will be liable for your claim. In cases where a rideshare driver has the app turned off, any accident would be covered by their own car insurance and not that of Uber or Lyft. This is because they are not working and not logged in to the app, so collisions during this period are on their personal time.

 

If your driver had the app on or was waiting on a passenger to arrive, most rideshare companies have contingent coverage available with standard limits. For Uber and Lyft accidents that occur while carrying a rider to their destination or are on their way to pick up the rider, a $1 million commercial insurance policy covers that period.

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