The legal framework around ridesharing accidents is constantly evolving, but you have rights as a passenger.
Rideshare companies emerged as innovative ways to offer simple transportation solutions, and today, they are becoming integral to our growing city’s infrastructure. The 2021-2022 Uber report shows that the rideshare giant logs almost 30 rides per second, which amounts to around 2.5 million daily trips in the US.
As the number of Uber trips rises, the number of fatalities and serious injuries related to ridesharing trips rises as well. The 40% increase in the most recent report marks 153 deaths, and the primary causes behind most of these Uber-related fatalities are speeding and alcohol impairment. However, the report also mentions wrong-way driving as part of the risk.
The overall safety and convenience of ridesharing are undeniable, but there is a problem. The rapid growth of these platforms outpaces the legislative and regulatory frameworks designed to protect passengers, drivers, and pedestrians involved in rideshare-related incidents. Let’s look into the challenges of liability in these situations and discuss your rights should you become involved in one of these unfortunate accidents.
Untangling the complex web of liability in Rideshare accidents
As you know, liability is typically a question of one driver versus another in traditional accidents. Rideshare incidents are trickier to unravel because they involve other parties, such as the rideshare company and passengers. For one, although rideshare drivers use their personal vehicles and insurance policies, the driver’s insurance policy is not likely to cover accidents during commercial activities like ridesharing.
Complicating the situation further, rideshare drivers are not direct employees of the companies they work for. Because they are considered independent contractors, rideshare companies can somewhat distance themselves from the driver’s actions.
Both Uber and Lyft offer contingent liability coverage, which hinges on the driver’s status when the accident occurs. The coverage gap means rideshare drivers can be caught between their personal insurance and the rideshare company’s provided insurance.
If the rideshare driver is not logged into the app at the time of the accident, they are effectively driving their personal vehicle for personal reasons. In such cases, the driver’s personal auto insurance would be responsible for covering any damages or injuries resulting from an accident.
When a driver logs into the app and waits for a ride request, their personal insurance and the rideshare company’s contingent liability coverage can apply. At the time this article was written, Uber and Lyft’s contingent liability coverage includes up to $50,000 per person, with a total of $100,000 for each accident in the event of bodily injury. The coverage also allows for $25,000 for property damage.
Once a driver accepts a ride request and either picks up or transports a passenger, the rideshare company’s primary liability coverage, often up to $1 million, takes effect. This coverage can cover both the driver and passengers.
How to protect your rights as a rideshare passenger
The steps you take immediately after a rideshare accident can mean the difference in whether you receive fair compensation for your injuries or not. Even if you think your injuries are minor, your first priority is to seek medical attention.
In car accidents, injuries that initially seem insignificant can worsen over time. Medical professionals can accurately diagnose injuries, and their documentation is vital in potential legal claims.

Before you leave the scene, collect as much evidence as possible by using your phone to photograph the vehicles, any visible injuries, and the surrounding area. Obtain the name, contact details, and insurance information of any drivers involved, and gather the names and contact information of any witnesses. Note the date, time, location, and conditions of the accident. With regards to any motor vehicle accident, the police should always be called. Make sure to save the incident report number. This evidence can be critical in building a solid case.
Next, notify the rideshare company through their app or customer service to create an official record of the incident. Additionally, a police report should be filed to ensure objective documentation of the accident. Both reports are valuable for legal and insurance purposes.
Given the complexities involved with this type of accident, you will benefit immensely from the support of legal counsel. You should specifically hire a personal injury attorney, as they focus on handling these types of cases daily. You wouldn’t want a podiatrist performing open-heart surgery on you, and similarly, you shouldn’t want a general attorney handling your personal injury case. A knowledgeable personal injury attorney will be able to inform you of your rights, evaluate your case, and negotiate with insurance companies on your behalf. If your case goes to trial, they can also guide you through the process of filing a lawsuit.
The legal framework around ridesharing accidents is constantly evolving, but you have rights as a passenger. By seeking immediate medical attention, reporting the accident, gathering evidence, and consulting with a knowledgeable personal injury attorney, you can navigate the complexities of rideshare liability and receive the full compensation you deserve.
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