Injured in a crash

Injured in an Uber or Lyft? Here Is Who Pays

You got into the back seat, buckled up, and looked at your phone. Then the car stopped hard, or something hit it, and now you are standing on the curb with a sore neck and a driver who keeps saying it was not his fault. You do not own the car. You do not know the driver. You are not sure whose insurance this even goes to. This is what we tell people who call us after a rideshare crash.

Why is a rideshare crash more complicated than a normal one?

In a normal crash there are two drivers and two insurance companies. In a rideshare crash there can be four or five: the driver's personal auto policy, the rideshare company's commercial policy, the other driver's policy, your own auto policy if you have one, and sometimes your health insurance.

Uber and Lyft also treat drivers as independent contractors, not employees. What the companies do carry is insurance, and which layer applies depends on one thing: what the app was doing at the moment of the crash.

What was the app doing? The three periods

Rideshare insurance works in layers tied to the driver's status in the app.

• App off. Only the driver's personal auto policy applies, and many personal policies exclude commercial driving, so even that can be a fight.
• App on, waiting for a request. Uber and Lyft provide limited liability coverage, commonly listed as $50,000 per person and $100,000 per accident for injuries, plus $25,000 for property damage.
• On the way to a pickup, or with a passenger in the car. This is where the well known $1 million liability policy applies. It covers injuries the driver causes to passengers, to people in other cars, and to pedestrians.

These are the figures the companies publish nationally. State rules and the actual policy can differ, so ask a lawyer to confirm what applied on your trip.

I was the passenger. Who pays my medical bills?

If you were a passenger on a trip, you are in the best position. You were not driving, so nobody can blame you for the crash. If your driver caused it, the $1 million policy is there. If the other driver caused it, that driver's liability policy is first in line, and if that driver had no insurance or not enough, Uber and Lyft usually carry uninsured and underinsured motorist coverage for passengers on a trip. How much that coverage is depends on the state, so ask a lawyer.

In Florida, one more layer matters. Florida is a no-fault state, so if you own a car with Personal Injury Protection, your own PIP pays your first medical bills, usually up to $10,000, no matter who caused the crash. You must get treatment within 14 days to use it. If you do not own a car, ask a lawyer whether PIP from a relative you live with applies to you.

Arizona has no PIP. Bills there go to the at-fault driver's liability coverage and your health insurance.

I was hit by an Uber or Lyft driver. Does the same apply?

Yes. If you were in another car, on a bike, or on foot and a rideshare driver caused the crash, the layer that applies is still decided by what the app was doing. A passenger aboard means the $1 million policy. Waiting for a request means the smaller policy. App off means a personal policy only.

The problem is that you cannot see the app, and the driver may not volunteer that they were working. A lawyer can request the trip logs.

I am the rideshare driver. Am I covered?

Partly. If the other driver caused the crash while you were on a trip, that driver's policy pays, and the company's uninsured motorist coverage may step in if they had none. If you caused it on a trip, the company policy covers the people you injured, but your own injuries and your own car go through your personal policy or the company's optional collision coverage.

If the app was off, you are on your own policy, and if your insurer learns you drive for a rideshare company and you never told them, they may deny the claim. Ask a lawyer before you talk to your own insurer.

What should I do at the scene?

The checklist from any crash applies, plus a few rideshare specifics.

• Call 911 and ask for a police report, even if the driver says it is not necessary.
• Screenshot the trip in your app. It shows the driver's name, the car, the plate, the route, and the time, and it proves a passenger was aboard.
• Report the crash inside the app. Stick to the facts.
• Photograph both cars, the plates, the driver's license and insurance card, and the scene.
• Get names and numbers of witnesses and any other passengers.
• Get medical care in the first days, and in Florida within 14 days, even if you feel fine.

Afterward, expect calls from the rideshare company's claims team and from the other driver's insurer. You are not required to give a recorded statement, and you should not accept a quick payment before you know how injured you are.

When to call a lawyer

Not every rideshare crash needs a lawyer. If nobody was injured and the only damage is to the cars, the insurers will sort it out among themselves.

Talk to one when you were injured and are still treating, when there is any question about what the app was doing, when the other driver was uninsured or fled, when one insurer is pointing at another, or when you missed work. A personal injury lawyer works on contingency, no fee unless money is recovered, and the first conversation is free.

Call Clyne is a lawyer referral service, not a law firm. Stephen Clyne is not an attorney. This article is general information, not legal advice, and laws change. Talk to a licensed attorney in your state about your situation.