Who Is Liable if a Rideshare Driver Injured Me?

Posted on: August 31, 2023

Because of their convenience and availability, ridesharing apps like Uber and Lyft have grown increasingly popular and ultimately changed the transportation industry. However, their widespread use has raised many legal concerns, mainly when a car accident occurs involving a rideshare driver. 

Car accidents can already be complicated when liability is in question; they can become even more complex when determining liability between the rideshare driver and their company. One of the significant difficulties with rideshare drivers is that the ridesharing company does not directly employ them. Instead, they are considered independent contractors. 

Another difficulty is determining who is at fault and whether or not the ridesharing driver was using their app or not. Other issues that arise with ridesharing drivers include:

  • There are no thorough background checks, driving tests, or special licensing rideshare drivers have to go through to drive for their respective companies. 
  • Rideshare drivers can be aggressive or careless while they rush to make their rides. 
  • Rideshare drivers can be distracted, as they have to follow GPS coordinates and use their phones for fares. 

Car Insurance and Rideshare Apps

If you use a ridesharing app, it will be beneficial to know how their car insurance works and who to file a claim with should you become injured by one of their drivers. Uber and Lyft drivers are legally required to carry their own personal car insurance, but there is also coverage from the ridesharing companies. 

To file a claim, the rideshare driver must be at fault for your injuries. Then, who you file the claim with depends on whether the driver used the app during the accident. If the accident occurred before they had the app on and were not waiting for a ride request, you would most likely file a claim with the driver’s personal insurance company. If the driver was waiting for a ride request and you were injured during this time, then Uber or Lyft would cover up to:

  • $100,000 for bodily injury per accident (maximum $50,000 per person).
  • $25,000 for property damage. 

If the driver was picking up passengers or was using the app and was on a ride, Uber or Lyft would cover up to $1 million in liability. However, filing a lawsuit against companies as large as Uber or Lyft is complex.

Rideshare Accidents

If you were involved in an accident with a rideshare driver, you should take a few essential steps. Firstly, it is always a good idea to contact your auto insurance policy and report the accident, even if you were not injured or it was not your fault. Many policies require their drivers to report any accident in a timely manner and may reject a claim if it is not done. 

Be sure also to call the police and report the accident. Even if it is a minor accident, a police report can help with a claim if necessary. Document the scene as best you can with videos and photos of the scene, and be sure to also get contact information from all those involved, including witnesses. You should contact the ridesharing company as well.

Because a rideshare accident can be complicated, hiring a car accident lawyer immediately and discussing your case is also recommended. They may be able to direct you to who to contact, who is at fault, and what you can do to get the best compensation available. 

Monmouth County Car Accident Lawyers at Mikita & Roccanova Help Accident Victims Injured by Rideshare Drivers

Any accident can be complicated, especially when multiple insurances are involved. Our Monmouth County car accident lawyers at Mikita & Roccanova can help after a rideshare accident. Call us at 732-705-3363 or fill out our online form for a free consultation. Located in Hazlet and Highland Park, New Jersey, we serve clients in Ocean County, Sussex County, Neptune, Middlesex County, and Pennsylvania.