Hurt in an Uber or Lyft? Here's Who Pays

Rideshare crashes confuse almost everyone, including some lawyers. There may be three different insurance policies in play, and which one applies can depend on something you can't see: what the driver's app was doing at the moment of the crash.

Here's how it generally works, and what to do about it.

Why the app matters.

Rideshare companies typically divide a driver's time into stages, and the insurance changes with each one.

• App off. The driver is just a driver. Their personal auto policy applies, if they have one.
• App on, waiting for a request. The rideshare company's insurance generally provides limited liability coverage, often far less than a serious injury is worth.
• On the way to a pickup, or with a passenger in the car. Coverage generally rises sharply. Major rideshare companies commonly carry up to 1 million dollars in liability coverage during these stages.

The same crash can be covered by a small policy or a large one, depending on a tap on a phone.

If you were the passenger.

You're usually in the strongest position, because the larger coverage generally applies while you're in the car. Save your trip receipt and take screenshots of the ride details in the app before anything changes.

If you were hit by a rideshare driver.

Ask the driver directly whether they were driving for a rideshare company and whether the app was on. Write down what they say. Photograph any rideshare sticker or sign on the car.

If you were the driver.

Your own personal policy may exclude accidents while you're working. Report the crash to the rideshare company through the app right away, and to your own insurer as your policy requires.

Expect more than one insurer.

Personal insurers and rideshare insurers sometimes point at each other. You may hear from both, and neither one represents you.

Don't assume the company is responsible.

Rideshare drivers are generally treated as independent contractors, which can limit claims against the company itself. The insurance coverage is usually where the recovery comes from, which is why the app status matters so much.

Act on the evidence quickly.

Trip data, app logs and dashcam footage can be requested, but someone has to ask. A lawyer can send preservation requests to the company and the drivers before records are lost.

Where Lexmatch fits.

Rideshare cases reward lawyers who know how these policies work and how these companies respond. Lexmatch looks for lawyers whose record includes rideshare claims in your county, and a Lexmatch attorney checks the fit before any name reaches you.

This article is general information, not legal advice. Coverage amounts and rules vary by state and by company.