Rideshare apps, including Lyft and Uber, have revolutionized transportation in many urban and suburban areas. While these apps allow people to quickly get to their destinations, accidents sometimes happen. When you are involved in an accident as an Uber or Lyft passenger, or when an Uber or Lyft driver collides with your vehicle, it can be difficult to know what to do. Since Uber and Lyft drivers are independent contractors instead of being directly employed by these transportation companies, figuring out how to recover damages for your losses can be confusing. Here are five steps to take after an accident involving an Uber or Lyft to protect yourself.
- Take photographs, get information, and seek medical care.
When you open the Uber or Lyft app to order a ride, you will see a photo of the driver and his or her first name. However, you will not be shown the driver’s full name, which you will need before you can file a legal claim following an Uber or Lyft accident. Following an accident, you should gather information from each involved driver, including the Lyft or Uber driver and any other motorist involved in the collision. Take photos of the drivers’ licenses, license plates, insurance cards, and registration information. Having this type of information is important when it is time to file a claim with the insurance company or a lawsuit.
If you can, you should also take photographs of the damage to each involved vehicle, including the angle at which the collision occurred. Take pictures of the scene where the accident occurred and relevant details, including the weather conditions, road conditions, nearby intersections, tire skid marks, stop lights, stop signs, and speed limit signs. If any witnesses saw what happened, ask for their names and contact information. This information will be critical for your attorney when he or she works to determine liability for the accident’s cause.
After the police respond to the scene, tell them what happened in the moments leading up to the crash and during it. Even if you are unsure whether or not you have been injured, you should then go to a doctor for a medical examination to check for injuries. Seeking medical care immediately after an Uber or Lyft accident can help you to secure an accurate diagnosis and help to prevent your injuries from potentially worsening. Going to a doctor’s office or hospital right after an accident can also help you to demonstrate that your injuries were caused by the accident instead of a different incident.
- Check whether the Uber or Lyft driver had the app turned on at the time of your crash.
The next step you should take after an Uber or Lyft accident is to check whether the Lyft or Uber driver had the rideshare app turned on at the time of your collision. Whether or not insurance through Lyft or Uber will be available to you will depend on the phase in which the driver was in. If you were injured in an accident caused by an Uber or Lyft driver when his or her app was turned off, insurance through the company will not be available to you. Instead, you will file your insurance claim with the driver’s personal automobile coverage and will be limited to recovering only up to its policy limits.
For example, the minimum liability requirements in California for automobile insurance are only $15,000 for an injury or death caused to one person, $30,000 for injuries or deaths of two or more people, and $5,000 for property damage under Cal. Ins. Code § 11580.1(b). However, the driver might have additional coverage beyond the minimum liability limits. If you have UM/UIM coverage on your own policy, you can also file a claim with your policy if the driver who caused your accident was underinsured.
Insurance through Uber and Lyft is only available when their drivers have their apps turned on. When drivers are off the clock, they are just like any other motorist, and their own insurance will cover any accidents they cause.
Coverage when the apps are turned on while the driver waits
If an Uber or Lyft driver has the app turned on but has not been hailed for a ride when he or she causes an accident with someone else, a contingent policy is available through Uber or Lyft. This policy will cover up to $50,000 for one injury or death, up to $100,000 for two or more injuries or deaths, and up to $25,000 for property damage. This insurance coverage will kick in after the driver’s personal automobile policy has met its limits.
Many insurance companies exclude coverage for motorists that use their vehicles for business purposes. For example, if an Uber or Lyft driver has an accident while his or her app is turned on but only has minimum liability coverage without an endorsement or rideshare policy, his or her insurance company might refuse to cover damages. This is another good reason to purchase UM/UIM coverage on your automobile policy.
Coverage during phases two and three
After a driver is hailed for a ride and accepts it, he or she will be in phase two when he or she is driving to pick up the passenger. During this phase, the available insurance increases. During phases two and three, which occurs when an Uber or Lyft driver has a passenger in the vehicle, the available coverage through Uber or Lyft for injuries or deaths is $1 million. Uber and Lyft additionally provide supplemental coverage of $1 million for accidents caused by uninsured or underinsured motorists in these two phases.
- File claim notices with the insurance companies.
Once you have determined that the Uber or Lyft driver had his or her app turned on, you will need to file notices of your potential claims with each responsible insurance company. For example, if you were riding as a passenger in an Uber or Lyft accident in which both the rideshare driver and the other motorist shared fault, you will need to file notices of claims with both insurance companies. You should file a notice of your potential claim with each of the following companies:
- The rideshare driver’s insurance company
- The other driver’s insurance company
- Uber or Lyft’s insurance company
A claim can be withdrawn later if you determine that different insurance should apply, but you might not receive full benefits if you miss the deadline for filing a notice of a potential claim. According to rideshare accident attorney,  Steven M. Sweat, hiring a lawyer is in these cases can help people understand the various insurance requirements and the potential availability of coverage following Uber or Lyft accidents.
- Determine who was liable for the accident.
Simply being injured in an Uber or Lyft accident does not mean that the rideshare driver was necessarily at fault. Just like in any other motor vehicle accident, you and your lawyer will need to investigate what happened to determine the fault for the collision. While the police report might give you a place to start, most injury accidents will require people to hire an accident reconstruction expert to reconstruct the collision and determine all of the factors that contributed to it and caused your injuries.
- File a claim with your UM/UIM policy for a serious rideshare accident.
If you are seriously injured in an accident involving a rideshare driver, you might also need to file a claim with your UM/UIM coverage to pay for the difference between any other insurance coverage and the cost of your medical bills. Your UM/UIM coverage will kick in after the at-fault motorist’s insurance has been used up. Unless you can prove that the Uber or Lyft driver was at fault, you will not be able to take advantage of the UIM policy through Uber or Lyft for your losses.
Uber or Lyft accidents involve complex insurance issues. By following these steps, the process after your accident might be more manageable.
