Rideshare Accident Lawyers: Why You Need One (2024)

Ridesharing apps like Uber and Lyft provide valuable transportation alternatives in areas not well served by public transportation or taxicabs. These ridesharing services connect riders with drivers in their area and handle payment arrangements. Unfortunately, passengers injured in a rideshare vehicle may have difficulty recovering compensation. A rideshare accident lawyer can help sort out who is liable and how you can recover.

Who Is Liable if You Are in a Rideshare Accident?

Every year, there are nearly six million car accidents in the United States alone. If you are a passenger in any vehicle involved in an accident, you may be able to pursue claims against or compensation from numerous parties. These can include:

• The driver of the car you are riding in.

• Other at-fault drivers.

• A negligent property owner (for example, an improperly maintained, icy parking lot in a private shopping center).

• A government entity (for example, if the collision involved a municipal vehicle).

• An entity responsible for causing a roadway hazard (such as a private construction company).

• Your own insurance carriers (under auto, PIP, or umbrella coverage, for example).

In some states, the party or parties responsible for an accident are liable for damages to any injured parties. In others, drivers must purchase "no-fault" insurance coverage and submit all accident claims to their own insurers regardless of who is at fault for the collision.

Consulting a personal injury attorney experienced in pursuing auto accident claims in your area is the best way to understand your options. The best rideshare accident attorneys can help you properly sort out your claims and negotiate the best possible settlement to help you recover the compensation you deserve.

Can a Lyft/Uber Accident Lawyer Help Me Pursue an Insurance Claim Against the Rideshare?

Both Uber and Lyft require their drivers to carry auto insurance coverage that meets state coverage minimums. Most personal auto insurance policies do not provide coverage for commercial use of a private vehicle; drivers must purchase and maintain coverage specifically applicable to rideshare use.

In states that do not require no-fault auto insurance coverage, an injured passenger must file a claim with the at-fault driver’s private insurance first. In no-fault states, a passenger must file their claim with the driver's PIP insurance.

If recovering under the applicable insurance isn’t successful or you exhaust the driver’s policy limits, you can file a claim with Uber or Lyft’s insurance. Both companies maintain excess insurance policies of at least $1,000,000 to compensate third parties (such as passengers) for injury or damage. The company coverage is “stacked” onto the driver's coverage limits, enabling seriously injured passengers to recover more of the compensation they deserve.

Can an Uber/Lyft Accident Lawyer Help Me Sue if a Driver Causes an Accident?

Passengers cannot sue Uber or Lyft if a driver causes an accident in most cases because the companies classify their drivers as independent contractors, not employees. They can't be held liable like an employer because the drivers don’t act as their "agents.”

To understand the difference between employees and independent contractors, imagine an accident involving a truck driver. While there are more than three million truck drivers in the United States, some are employees, while others are independent contractors. For example:

• A truck driver who is an employee of Furniture-O-Rama causes a car accident while delivering a sofa. Anyone injured in that accident would likely have claims against the company under a legal doctrine called "respondeat superior," which holds an employer vicariously liable for its employees' on-the-job actions.

• Furniture-O-Rama doesn't offer delivery. Instead, they refer customers to an individual who picks up and transports furniture from many different stores on his own schedule, using his own equipment, for a price he negotiates with each customer. If he causes an accident while delivering a sofa from Furniture-O-Rama, the store would not be liable because he is an independent contractor.

Driver and workers' rights organizations have challenged whether drivers are correctly classified as independent contractors, insulating ridesharing companies from liability. As of July 2024, the ridesharing companies have consistently prevailed. California, Washington State and New York voters have passed laws certifying rideshare drivers' independent status.

Can an Uber/Lyft Accident Attorney Pursue any Claims Against the Companies?

You may be able to pursue a lawsuit against a rideshare company for its own negligence related to an injury you suffered. Since drivers aren't employees, the companies would not automatically be responsible. However, if you can prove the rideshare company acted negligently, you may be able to recover.

You will have to prove that the rideshare company owed you a legal duty, that their actions breached this duty, and that your damages resulted from this breach of duty. Most states allow lawsuits based on negligent hiring, supervision or retention as well as other general negligence claims. The claims you can bring will depend on the facts of your case and the local laws that apply.

Some areas require ridesharing companies to affirmatively protect user safety, such as by conducting thorough background checks on all their drivers before they are accepted and periodically after that. If a company engages a driver who fails to meet minimum licensing requirements, has serious traffic violations or faces other charges that should prevent them from accepting passengers, it may be possible to hold the rideshare accountable.

Examples might include:

• A passenger was sexually assaulted by a driver with a criminal history of sexual violence. They may have a claim against Lyft/Uber for negligent hiring.

• A passenger was injured in a collision caused by a rideshare driver operating on a suspended license. They may have a claim against the company for negligent retention (allowing the driver to continue working).

• A user became the victim of identity theft and fraud after a rideshare user stole and sold their personal information. They may have a claim against Uber/Lyft for negligently failing to protect your personal identifying and financial information.

Injured passengers may also be able to file a lawsuit against the driver directly. Victims of sexual assault or other physical violence should also file a police report and pursue criminal charges to maximize the possibility of a favorable outcome. An experienced rideshare accident lawyer can help you understand your options and pursue all potential ways to recover compensation.