Car rides have changed a lot in the last few years. Instead of calling a taxi, many people use an app on their phone to summon a rideshare driver in minutes. Uber and Lyft are two of the most popular services. They let almost anyone sign up as a driver, and almost anyone can request a ride. But what happens if you get hurt in an accident involving one of these rideshare services? Can you file a lawsuit? How does it all work?
Why Might I File a Lawsuit After an Uber or Lyft Accident?
You can file a lawsuit if you’ve suffered an injury and want fair payment for medical bills or lost earnings. Usually, if you’re in a car crash, you deal with insurance companies. But sometimes, the insurance company won’t pay what you need. Or they might say the driver’s coverage doesn’t apply. That’s when you might think about a lawsuit.
In a typical car accident, you might sue the other driver. However, with Uber or Lyft accidents, there’s also a question: Can the rideshare company itself be held responsible? If the driver was working, you might argue that the company should cover your injuries. Understanding when they pay and when they don’t can get complicated.
Am I Suing the Driver or the Rideshare Company?
Depending on the details, it can be one, both, or neither. Usually, you’d first make a claim with the driver’s insurance or with the insurance that Uber or Lyft provides. If the accident happened while the driver was “on the clock,” the rideshare company might have a policy that applies. If you can’t get a fair settlement, you might sue:
- The Driver: If the driver caused the crash by being careless (speeding or texting), they can be personally liable.
- The Rideshare Company: Under certain conditions, the company might also be liable for the driver’s actions. However, rideshare companies often claim the driver is an “independent contractor,” not an employee, making direct company liability harder to prove.
What Is the Difference Between ‘Online’ and ‘Offline’ for an Uber or Lyft Driver?
When talking about rideshare accidents, states like California examine whether the driver was actively working for Uber or Lyft. Generally, these companies say a driver is:
- “Offline” if they’re not logged into the app or not currently waiting for riders. If an accident happens, the driver usually uses the car for personal reasons, and Uber or Lyft likely won’t cover the crash.
- “Online but No Passenger” if the driver is logged in and can accept rides but doesn’t have a passenger yet. Insurance coverage might exist, but it’s usually less than having a passenger in the car.
- “Online with Passenger” if the driver has accepted a ride request and is on the way to pick up a passenger or already has a passenger in the car. Insurance coverage from the rideshare company is usually higher during this period.
This is vital because it determines how much coverage might be available. Accidents happening when drivers are “online” might be covered differently than if they’re truly off duty.
When Is the Rideshare Company Likely to Pay for My Injuries?
Usually, the rideshare company’s insurance pays if the driver is:
- Logged in to the app and actively transported a passenger or was on the way to pick someone up.
- Possibly logged in and available for rides (some coverage might apply if the driver was online, but no passenger was in the car, though it’s typically at a lower limit).
The rideshare company usually denies responsibility if the driver isn’t logged in (i.e., totally offline). That’s because the driver was using the car for personal reasons. You’d likely rely on the driver’s auto insurance in that case.
What If the Driver Was Offline but Hit Me?
If the driver was truly offline (meaning not logged in to Uber or Lyft), the company’s insurance usually won’t cover the crash. They treat the driver like any other private motorist. You’d then deal with the driver’s insurance.
Can the Company Be Responsible If the Driver Was Online but Not Driving a Passenger Yet?
Sometimes, yes. If the driver was logged in and waiting for a ride, there’s usually some coverage from Uber or Lyft. It might not be as high as when a passenger is in the car. But you can still file a claim if that driver caused your accident.
There are rules about different coverage levels. If the driver was “online” but not actively carrying a passenger, you might have partial coverage from the rideshare company. However, you might also need to pay for the driver’s insurance. In many cases, both policies can come into play. It’s complicated, so you might consider talking to a legal professional.
What Is Vicarious Liability (Respondent Superior)?
Vicarious liability, also called respondeat superior, is a legal idea that says an employer can be responsible for an employee’s mistakes if those mistakes happen “within the scope of employment.” For instance, the pizza company might be liable if a pizza delivery driver hits someone while delivering pizzas.
However, Uber and Lyft call their drivers “independent contractors,” not employees. They argue that respondeat superior doesn’t apply to them. Be aware that just because an accident happened with an Uber or Lyft driver doesn’t automatically mean the rideshare company is responsible.
Can the Rideshare Company Claim ‘The Driver Wasn’t Working’ to Avoid Liability?
Yes, that’s common. If the company believes the driver was offline or doing personal activities, it will argue it’s not responsible. You’ll see statements like “The driver was not providing rideshare services at the time.” Then, the question becomes whether the driver had the app on or whether they had just dropped off a passenger moments earlier but remained logged in.
That difference can significantly affect your case. The driver’s insurance is the main coverage if the driver is offline. If the driver was “online,” you might have a claim against the rideshare company’s policy, which often has higher limits.
Why File a Lawsuit Instead of Settling with Insurance?
Most car accident claims settle out of court. You usually won’t sue unless:
- The insurance company denies coverage or says they won’t pay.
- The driver or rideshare company won’t admit fault or dispute the facts.
- You have severe injuries with large bills, and they offer you too little money.
- The statute of limitations is nearing, and you must protect your legal rights.
Insurance companies often aim to pay as little as possible. If you believe you deserve more, a lawsuit might be your next step.
How Do I Start a Lawsuit an Uber Accident Lawsuit
First, you file a complaint in the correct court. Then, you serve the lawsuit papers to the defendant so they know you’re suing them. Some places require you to file civil cases in a specific location. You might also need special forms, like a Civil Lawsuit Notice, and you must serve these on the other parties.
Look up the local rules to see where you should file and what forms to include. If you’re unsure, a local rideshare accident attorney can guide you.
Do I Have to Report the Accident to the DMV?
Yes, if the accident caused injury, death, or more than a certain amount of property damage (like $1,000). In those situations, you must report the crash to the Department of Motor Vehicles within 10 days. This is true whether you are in a personal car, an Uber, or a Lyft. If you fail to report it, you can face penalties. Always check your state’s specific reporting rules.
Can I file a claim even if I am a rideshare passenger?
Absolutely. If you were a passenger in an Uber or Lyft and got hurt, you have the right to seek compensation. Often, the rideshare company’s insurance covers passenger injuries if the driver is at fault or if another driver hits you and has no insurance (or not enough insurance). The same is true if you were in another car, riding a bike, or walking as a pedestrian. You can typically file a claim if a rideshare car caused your injuries.
What Are the Usual Insurance Limits for Uber and Lyft?
This can change over time, but typically:
- When the driver is offline, it’s the driver’s policy.
- When online but waiting (Period 1), coverage might be $50,000 per person for bodily injury, $100,000 per accident, and $25,000 for property damage. These amounts can vary.
- When the driver is en route to pick up a passenger or has a passenger in the car (Periods two and three), coverage can jump up to one million dollar liability, plus uninsured/underinsured coverage.
Always check the latest info; rideshare policies do update from time to time.
Can an Uber/Lyft Accident Case Settle Out of Court?
Yes. Most do. Filing a lawsuit doesn’t always mean you’ll go to trial. You often file a lawsuit to pressure the insurance company or the rideshare company to take your claim seriously. Then, they might offer a settlement. If it’s fair and covers your bills, you can settle. If not, you can keep fighting or go to trial.
What Damages Can I Get from a Rideshare Accident Lawsuit?
It’s similar to other car crashes:
- Medical Costs: Doctor visits, hospital stays, surgeries, physical therapy, medication.
- Lost Income: If you missed work while recovering.
- Pain and Suffering: Money for the physical pain, emotional distress, and overall impact on your life.
- Property Damage: Repair or replace your vehicle or personal belongings.
- Wrongful Death: If a loved one dies in the accident, the surviving family can seek funeral costs and other compensation.
Your final payout depends on the severity of your injuries and how clearly you can prove the rideshare driver (or another driver) was at fault.
How Long Do I Have to File an Uber Accident Lawsuit?
In most places, there’s a statute of limitations. It is often around two years for personal injury claims (though it can vary by state). If you wait too long, you can lose your right to file forever. Also, the deadline might be even shorter if a government entity is involved (like a city bus or something else combined with your crash). Don’t delay.
Will the Rideshare Company’s Insurance Fight My Claim?
They might. Rideshare companies have large insurance policies but also hire strong legal teams. They might argue:
- The driver wasn’t on duty.
- The accident was your fault, or partly your fault.
- Your injuries aren’t as bad as you claim.
- They’re not responsible due to the driver’s “independent contractor” status.
A rideshare accident attorney can stand up to the rideshare company’s insurance company and build a solid case for compensation.
How Do I Show My Injuries Are Real and Caused by the Accident?
Documentation is key:
- Medical records: from the hospital, doctor visits, therapy.
- Photos of your injuries, cuts, bruises, or bandages.
- Witness statements: from others who saw how you suffered an injury.
- Work records: You use these to prove lost earnings when skipping work.
Keep all bills and receipts. The more proof you have, the stronger your case for damages.
If I File a Lawsuit, Do I Have to Go to Court?
Not necessarily. Filing a lawsuit can be a strategic step. Often, the other side might settle before trial. Mediation or arbitration might also help resolve the dispute. You can end up in court if negotiations fail, but that’s less common. Still, prepare yourself for the possibility.
Take Control of Your Case: Contact a Car Accident Lawyer Today
Getting into an accident with Uber or Lyft can leave you overwhelmed. Medical bills, insurance forms, and complicated coverage rules can make it feel like you’re alone. But you don’t have to handle it alone. A car accident lawyer experienced in rideshare cases can guide you step by step. They can help determine if the driver was working then, negotiate with the insurance company, and, if needed, file a lawsuit to get you fair compensation.
Talk to a rideshare accident lawyer if you’re unsure about your next move. They explain your rights, assess the strength of your claim, and guide your decision to settle or sue. Don’t wait. There are often deadlines for taking legal action. Gather your accident details, keep copies of everything, and seek a trusted accident injury attorney.
Remember: This is your health, finances, and future at stake. A successful claim or lawsuit pays for medical treatments, replaces lost income, and compensates you for pain and suffering. Rideshare companies and their insurers may try to limit what they pay, but with the right help, you can stand up for your rights and seek the compensation you deserve.
