If you are a passenger in an Uber, Lyft, or another rideshare vehicle, and an accident occurs, can you recover damages? Assuming you were not somehow at fault, it is likely that you can. However, the question will be brought up: Is the driver’s insurance covering the accident or is the rideshare company’s insurance covering it? Learn the three factors that can decide that question.
Uber and Lyft Generally Try to Avoid Liability for Accidents Caused by their Drivers
The people driving for rideshare companies are independent contractors and Uber and Lyft generally look for ways to prevent being responsible in car accident cases. The goal is for their drivers’ insurance companies to pick up the tab – and sometimes that is the right option. However, the insurance policies carried by Uber and Lyft generally have significantly higher maximum coverage amounts than private insurance companies do.
Whether You Can File a Lawsuit Against Lyft or Uber Depends on These Three Factors
A person injured in a car accident may have legal remedy against Lyft or Uber if the rideshare driver was logged into the app and connected to a passenger when the accident occurred, or the rideshare driver was traveling to pick up a passenger at the time the accident occurred, or the rideshare driver was taking a passenger to their destination. If none of those three scenarios are accurate to the situation then Uber or Lyft is likely not liable.
What Happens When the Driver is Not on Duty?
If the Uber or Lyft driver does not have the app on while driving, then their personal auto insurance would be the primary coverage. In the event that it is on but the driver is not connected to picking up a passenger, then the driver is required to have liability coverage of at least their state’s minimum. Drivers for Uber and Lyft are required to have at least $200,000 in liability insurance.
This is sufficient for some cases, but far from the $1 million in liability insurance that Lyft and Uber provide if the passenger was being transported at the time of the accident. If the app is on, and the ride is in process, then Uber and Lyft should be the primary insurance coverage options.
It is Not Always This Easy
In a perfect world, if you were injured in a car accident the at-fault party would admit what they did and you would be able to get immediate compensation. This is rarely the case. If you have been injured in a car accident that involved any type of rideshare vehicle then we strongly recommend you contact a personal injury attorney. You can reach Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal case evaluation.
