Rideshare Roulette: Who's Responsible When an Uber/Lyft Crash Occurs?
Rideshare services like Uber and Lyft are an integral part of daily commuting and simple convenience that we have all come to appreciate. However, this simplicity can change to complexity when determining liability should an accident occur.
If you are caught in such a scenario, please use my guidelines below. They are based on my many years of experience as a car accident lawyer. I also touch on the intricacies of rideshare accidents, the varying state laws, and notable court cases.
Liability In Rideshare Accidents
Determining who is responsible in a rideshare accident hinges on several factors, primarily the driver's status at the time of the incident:
Driver Offline: If the driver is not logged into the rideshare app, their personal auto insurance is solely responsible for any accidents.
App On, No Ride Accepted: When the driver is online but hasn't accepted a ride, both Uber and Lyft provide third-party liability coverage if the driver's personal insurance doesn't apply. This typically includes:
$50,000 per person for bodily injury
$100,000 per accident for bodily injury
$25,000 per accident for property damage
Note: Coverage amounts can vary by state. For instance, in Arizona and Nebraska, the limits are $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $20,000 per accident for property damage. Call me to find out what applies to your case.
Ride Accepted or In Progress: Once a driver accepts a ride or is transporting a passenger, both companies offer increased liability coverage, often up to $1 million for third-party auto liability.
State-Specific Regulations
Rideshare regulations are not uniform across the United States; they vary by state, influencing liability and insurance requirements:
California: In 2020, Proposition 22 allowed rideshare drivers to remain independent contractors while granting them limited benefits, such as minimum earnings and healthcare subsidies.
Massachusetts: The state enforces rigorous background checks for drivers and mandates specific insurance coverages.
Washington: Legislation passed in 2022 classifies rideshare drivers as independent contractors but provides them with benefits like minimum pay rates and paid sick leave.
Annual Rideshare Accident Statistics
While comprehensive national data is limited, several studies shed light on rideshare-related accidents:
A study by the University of Illinois Chicago found that one-third of rideshare drivers surveyed reported being involved in a crash while working.
Uber's 2019–2020 safety report documented 91 fatal incidents resulting in 101 deaths.
Legal disputes have arisen concerning liability and the enforceability of rideshare agreements, which highlights the importance of talking to your lawyer immediately after an accident. For example:
Emily Wu vs. Uber: In 2024, the New York Court of Appeals ruled that Emily Wu, injured after an Uber driver dropped her off in traffic, was bound by Uber's arbitration agreement, which she had accepted electronically. The court determined that such "clickwrap" agreements are generally enforceable if users have a fair opportunity to review them.
Steps To Take After A Rideshare Accident
If you're involved in an accident as a passenger, driver, or third party, consider the following steps:
Ensure Safety: Prioritize the well-being of all individuals involved. Move to a safe location if possible and call emergency services if there are injuries.
Document the Scene: Take photographs of the accident scene, vehicle damages, and any visible injuries.
Exchange Information: Collect contact and insurance details from all parties involved, including the rideshare driver and any other drivers.
Report the Incident: Notify the rideshare company through their app or customer service. Both Uber and Lyft have protocols for handling accident reports.
Seek Medical Attention: Even if injuries seem minor, consult a healthcare professional to document any potential harm.
Consult a Car Accident Lawyer: Engage with a legal professional experienced in rideshare accidents to navigate the complexities of insurance claims and potential litigation.
Involved in a rideshare accident? Call your car accident lawyer today.
Disclaimer: The legal articles on this website are for informational and educational purposes only and do not constitute legal advice. Reading these materials does not create an attorney-client relationship. For legal guidance tailored to your specific situation, please consult a qualified attorney.
