The advent of rideshare platforms like Uber and Lyft brought with it new complications involving traffic accident lawsuits. Let’s take a look at the elements that make rideshare accidents claims unique.

 What Constitutes a Rideshare Accident?

A rideshare accident is any accident involving:

•  A rideshare driver with a passenger on board.
•  A rideshare driver en route to pick up a passenger.
•  An available rideshare driver (with the app on) waiting for a ride request.
•  A third party involved in an accident with a rideshare vehicle.

Who Can Be Held Liable?

 Depending on the situation, the following parties can be deemed liable:

•  The rideshare driver—if they are personally negligent.
•  The rideshare company—under the right circumstances.
•  A third-party driver—if they are responsible for the accident.
•  Multiple parties—under certain circumstances.

 Liability and Insurance Coverage Depends on the Rideshare Driver’s Status

 Here’s where it can get tricky.

• If the driver has the rideshare app turned off when the accident occurs, their personal liability insurance applies.
• If the driver has the rideshare app turned on and is waiting for a ride request, Uber and Lyft provide limited liability coverage. The exact limits of this coverage can vary, but it typically includes a certain amount for bodily injury per person, total bodily injury per accident, and property damage. For example, coverage may include $50,000 per person for bodily injury, $100,000 total per accident for bodily injuries, and $25,000 per accident for property damage. 
• When the driver has the rideshare app turned on and has accepted a ride request, is driving to pick up a passenger, or has a passenger on board their vehicle, the rideshare company’s full commercial insurance coverage applies. Both Lyft and Uber provide coverage up to $1 million.

 Can the Rideshare Company be Sued Directly?

 These companies usually classify their drivers as independent contractors, not employees, which limits their direct liability.

 In some states or in some situations (such as with California’s AB5 law), the rideshare company can be held liable.

 Special Challenges Involved in a Rideshare Accident Lawsuit

 Due to the complex structure of rideshare accident claims, the plaintiff (the injured party) may face certain, particular obstacles, including:

•  Identifying the at-fault party (driver, rideshare company, third party).
•  Dealing with multiple insurance companies.
•  Dealing with rideshare company legal protections (contract terms and arbitration clauses).
•  Obtaining necessary evidence, such as app data and ride logs.

If you’ve been involved in a rideshare accident, Attain Law can’t stress enough the importance of being represented by a qualified attorney. Call 888-970-8627 for a FREE, NO-OBLIGATION consultation.