Uber, Lyft, and Other Rideshare Accidents

Many people enjoy the convenience that Uber and Lyft offer. However, if you get into an accident while using a rideshare, the claims process can become complicated very quickly. In addition to the normal complexities of the claims process with two parties, there is now a third party involved. Uber and Lyft are certainly the most popular rideshare companies, but rideshare accidents may occur with any rideshare company.

The injury attorneys at Phoenix Accident and Injury Law Firm near you have significant experience in helping clients who have been in a rideshare accident. Our offices are conveniently located in nearby Chandler, Peoria, and North Phoenix, and we can meet in-person at our nearby offices, over the phone, or video call. You can contact us for a free consultation, or read on to find out more.

By the way, we will also help with other problems that have cost you sleep, like getting a rental car very soon and finding a nearby doctor who can help you. Even the best legal team isn’t good enough if your quality of life isn’t sustainable while justice and compensation are on the way. The whole point of legal action is to regain quality of life, so we help you long-term as attorneys and short-term as your go-to people. Our familiarity with the local Phoenix courts makes us confident that we can help you get the best settlement possible.

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What is a Rideshare Accident?

A rideshare accident occurs when the driver of an Uber, Lyft, or other rideshare company gets into an accident while you are a passenger in the car.

What Do You Do If Your Uber Crashes?

If you are involved in a rideshare accident, you should generally follow the procedure for all other types of car accidents.

Move the car, or have the driver move the car, onto the shoulder of the road or at least out of the main line of traffic, if possible.
Call 911, even if you are unsure whether you are injured or not. The operator will send police and/ or an ambulance.
Make sure you get the name and license plate information of your rideshare driver.
Gather information from the other driver including name, license plate number, and other insurance information. Collect the names and contact information of eyewitnesses if possible.
Give a report to the police. Be as detailed and thorough as possible. Record the police officer’s name and badge number.
Go to a hospital to make sure you aren’t injured, even if you don’t feel any pain.
Contact a personal injury attorney.

How Common Are Rideshare Accidents?

It’s estimated that approximately 2 – 3% of all car accidents are rideshare accidents. If you were to take that statistic and apply it to Maricopa County, that would mean that 2,814 car accidents would be attributed to rideshares in 2019 alone.

Who Is Liable in a Rideshare Accident?

Because there is more than one party involved in a rideshare accident, determining liability can be difficult.

To explain this in the simplest way possible- Uber or Lyft (or another rideshare company) is usually liable if the driver is working for the company at the time. The driver is considered working if they are taking a passenger somewhere, looking for passengers, or otherwise doing an activity relating to their rideshare work, they are considered “working”. If the driver is just driving around for personal use, or taking passengers as a favor to friends, they are not considered working, so the rideshare company will not take responsibility.

In general, if you are injured in a rideshare accident, you are not considered at fault. You can seek damages from the rideshare company, the driver of the car if you feel that they personally endangered you, as well as damages from the driver of the other car, if they are at fault. Apart from that, each rideshare company will have their own individual rules concerning insurance, which are described in further detail below.

Uber

According to Uber, when an individual who contracts as a driver with Uber is involved in a car accident when they are not “working” for Uber, then Uber will not share in the responsibility for compensating victims. Any legal claim will be against the driver and their personal insurance, and who will be responsible for the damage if it is found that they were at-fault for causing the accident.

On the other hand, if the driver was “working” for Uber at the time of the accident, then Uber says that it will also be responsible, and their insurance may help to cover the resulting damage.

When an Uber driver is connected to the Uber app and is waiting for a ride request then Uber carries rideshare accident insurance for the driver which covers:

$50,000 in bodily injury per person
$100,000 in bodily injury per accident
$25,000 in property damage per accident

When an Uber driver is on their way to pick up a passenger or is actively on a trip, then Uber carries accident insurance for the driver which covers:

$1,000,000 third-party liability insurance
Uninsured and underinsured motorist bodily injury
Contingent comprehensive and collision, up to the actual cash value of the car after $1000 deductible

Lyft

Similar to Uber, whether Lyft’s insurance covers and accident depends on whether the driver was “working” at the time of the accident and in what capacity. When a driver’s Lyft application is turned off or they are not online, Lyft is not liable for damages that result from accidents during this time. Instead, the driver is responsible and their own insurance may cover the resulting damages.

When a driver is connected to the Lyft app and is waiting for a fare but has not yet received a ride request, then Lyft provides contingent insurance if the driver’s own insurance does not cover accidents during this time. Lyft’s contingent insurance covers:

Up to $50,000 in bodily injury per person
$100,000 limit for bodily injury claims per accident
A maximum of $25,000 for property damage

When a driver has accepted a ride through the time when the ride ends, Lyft’s primary liability insurance is active. Under this policy there is a $1,000,000 limit per accident.

Notably, if you are a passenger riding in a vehicle driven by a Lyft driver and you are in an accident where the Lyft driver was not at fault, and the at fault driver is underinsured or uninsured, then Lyft’s underinsured/uninsured liability coverage should help to compensate the driver and the passenger for bodily harm and property damage suffered as a result of the accident.

In addition to the accident insurance Lyft carries for its drivers, it also encourages its drivers to carry their own rideshare insurance and gives drivers incentive to do so by giving them additional money on eligible fares.

Veyo

Veyo is a Non-Emergency Medical Transportation (NEMT) broker that contracts with governments to provide and manage rides for Medicare and Medicaid patients visiting their doctors. Like Lyft and Uber, Veyo’s drivers are independent contractors who get paid by the ride. Similar to Lyft and Uber, whether Veyo is liable for damages resulting from a driver’s accidents depends upon whether the driver was “working” and in what capacity.

For times when a driver is online but not actively giving a ride to a customer, drivers are required to carry their own additional insurance under their own policy. This is commonly known as a rideshare endorsement. For this Primary Auto Liability Insurance Veyo requires a driver to carry coverage of at least:

$25,000 for bodily and death per person
$50,000 for bodily injury and death per accident
$20,000 for property damage per accident

When a driver is on the way to get a customer or is giving a customer a ride, then Veyo’s Primary Commercial Insurance will cover any damages resulting from an accident. This insurance policy will cover:

Up to $1,000,000 liability coverage per accident
Up to $250,000 for resulting bodily injury
Up to $50,000 for property damage with a $1500 deductible if the driver has their own collision insurance