What Do I Do if I Got Hit By a Lyft Driver or Uber Driver?

The personal injury claims process after being struck by an Uber or Lyft driver in California, whether as another driver, motorcyclist, pedestrian, or bicyclist, will significantly differ from a standard accident. It’s essential to understand the differences between rideshare accidents and smaller car accident cases.

What to Expect After Being Involved in an Accident with a Rideshare Driver

Here is an overview of what to expect following an Uber or Lyft car accident, followed by a simple breakdown of how rideshare accidents differ from standard car crashes, including insurance coverage periods, who pays, and important deadlines. For questions regarding your rideshare accident, schedule a free consultation with an Uber and Lyft accident lawyer today.

5 Things to Do After an Uber or Lyft Accident

Call 911 to report the crash. If anyone is hurt, the crash must be reported to the police/CHP within 24 hours under California Vehicle Code §20008. Also, collect a copy of the police report.
Seek immediate medical treatment. Seek a medical evaluation even if injuries aren’t apparent. Only a doctor can provide a proper diagnosis, and delaying medical attention can negatively impact your claim.
Document everything and preserve evidence. Capture photos/video of the involved vehicles, vehicle damage, skid marks, road conditions, license plates, and any other images that can help illustrate the accident scene. Save dashcam footage, medical records, and pay stubs (for lost wages)
Exchange information and ride details. Get the Uber or Lyft driver’s name, contact number, license, and insurance information. Note the driver’s app status and if the driver was en route to pick up or had a passenger. This is vital, as it determines which insurance policy is applicable to file a claim and seek compensation from.
Consult with an experienced Uber and Lyft lawyer. Before speaking with the rideshare or insurance company, consult an attorney. Multiple insurance policies may be involved, and discussing the case without proper legal representation can severely jeopardize your claim.

How Rideshare Accidents Differ from Car Accidents–and Why It Matters

Insurance Coverage Will Vary Based on the Rideshare Driver’s Status

In California, accidents involving transportation network company (TNC) drivers, such as those from Uber or Lyft, are subject to specific insurance minimums that differ from standard motor vehicle accidents. This is due to unique regulations and insurance protocols governing TNCs. Consequently, the rideshare company’s insurance coverage limits vary based on the Uber or Lyft driver’s “period” status.

Period 0 – Driver Not Logged into the App: If an accident takes place when an Uber or Lyft driver is not logged into the app, only their personal insurance policy will apply, and the rideshare company’s liability coverage will not be applicable.
Period 1 – App On, Waiting for a Ride Request: Rideshare companies are required to carry primary liability insurance with a minimum of $50,000 per person, $100,000 per accident for bodily injury, and $25,000 for property damage liability.

Periods 2 and 3 – En Route to a Pickup or With a Passenger: Rideshare companies must provide $1,000,000 in primary commercial liability coverage. During Period 3, uninsured/underinsured motorist (UM/UIM) coverage is also available.

Ultimately, if a motorist is hit by an Uber or Lyft driver who is logged into the app, the rideshare company’s liability coverage may apply. Additionally, the rideshare company’s insurance policy typically has a higher policy limit than standard car insurance.

For additional information, Uber and Lyft explain how insurance coverage works with other vehicles involved here:

Multiple Insurance Policies Complicate the Car Accident Claims Process

A typical car crash usually involves filing a claim with the insurance company of a single at-fault driver. However, claims involving rideshare companies may include the following insurance policies:

The driver’s personal policy, which often excludes commercial insurance or Uber and Lyft’s insurance
The rideshare company’s commercial policy if the crash occurred within one of the three working “periods”
Uninsured/Underinsured motorist (UM/UIM) coverage through Uber/Lyft or the victim’s personal insurance

Liability Insurance Will Vary When Contracted Drivers Are Involved

Upheld by the California Supreme Court, Proposition 22 allows Uber and Lyft to classify drivers as independent contractors, not employees.

This is important because rideshares can now only be held liable for motor vehicle accidents involving their contracted drivers under specific conditions.

As a result, if an Uber or Lyft driver is found liable for a car accident that does not meet these specified conditions, the victim will be forced to file a claim with that driver, whose insurance policy often provides much less coverage than Uber or Lyft.

This means that injured victims may be left paying for the remaining damages not covered by insurance, such as medical bills, lost wages, vehicle repairs/replacement, and other property damage.

Rideshare Application-Specific Evidence Is Needed

In addition to the standard collection of evidence like photos of the accident scene and witness statements, Uber and Lyft accidents require specific types of documentation to prove liability.

For example, the timestamps and geolocation data recorded by the app are vital for demonstrating that the Uber or Lyft driver was actively working and operating within Periods 1-3 at the time of the crash.

What Are the Rideshare Periods and How Do They Work?

Period 0

This is when an Uber or Lyft accident takes place, but the rideshare driver was not logged into the app. Therefore, Uber/Lyft will not be liable for the car accident, and only the driver’s personal insurance coverage will be applicable. This frequently occurs after a ride has been canceled by either the driver or the rider.

Period 1

This is when an Uber or Lyft accident occurs while the rideshare driver is “online” waiting to accept a ride request. The rideshare company could be held liable for up to $50,000 in bodily injury per person, $100,000 in total bodily injury per accident, and $25,000 in property damage. Should the damages exceed these limits, the injured party may also file claims with their own personal insurance, provided they have uninsured/underinsured motorist (UM/UIM) coverage.

Period 2

This is when an Uber or Lyft accident occurs after the rideshare driver accepts a ride and is on the way to pick up the passenger. During this period, accidents are covered by the rideshare company’s $1 million liability insurance. There must be definitive proof that the driver was en route to pick up the passenger, which is why preserving trip logs is so crucial.

Period 3

This is when an Uber or Lyft accident occurs after the rideshare driver accepts a ride and a passenger is present. During this period, accidents are covered by the rideshare company’s $1 million liability insurance. If another driver is at fault and lacks sufficient coverage, an additional $1,000,000 in Uninsured/Underinsured Motorist (UM/UIM) coverage may be available.

Common Insurance Tactics in Rideshare Crashes

Claim Denials: Insurance companies may argue the app was not active or that the trip qualified for a different “period,” reducing the coverage from the $1 million policy to a smaller personal injury policy. Accurate app data and ride logs can counter these claims, but they must be obtained as soon as possible.

Additionally, there may be claims regarding comparative fault, where both the plaintiff and defendant could be found liable for damages. If fault is shared, it will be vital to obtain accident scene photos, witness testimonies, and any pertinent video footage from neighboring establishments or traffic cameras.

Pushing for Recorded Statements: Insurance adjusters will urgently try to get statements from those involved in a crash. This isn’t for convenience. It’s to obtain a recorded statement before victims can consult with an attorney, and this tactic can negatively affect the injured party’s claim.

Therefore, it is perfectly acceptable to decline making a statement until receiving proper legal guidance.

Quick Settlement Offers: Insurance companies often make early settlement offers, which may appear like a quick and easy solution but can have serious consequences. Accepting these early offers carries the risk of being severely shortchanged because the actual value of rideshare accident claims is often significantly higher than what the insurance company initially proposes.

This is apparent once medical bills and other damages accrue over time as the impact of injuries on victims’ well-being becomes clearer. Prior to settlement, ensure you have a strong understanding of the full extent of damages and related medical expenses.

Frequently Asked Questions About Uber and Lyft Accidents

Do I still have to report the crash to the DMV if I filed a police report?

Yes, as a police report does not fulfill the legal requirement of notifying the DMV. An SR-1 form is mandatory and must be submitted to the DMV within 10 days of an accident if there is an injury, death, or property damage exceeding $1,000.

What should I do if an Uber or Lyft driver suggests settling an accident privately or not reporting it to the rideshare company?

Never take chances or assume a rideshare driver fully understands how coverage works. Rideshare accident claims are very complex, and multiple insurance policies may apply. Additionally, California law requires Uber and Lyft provide liability coverage during Periods 1–3 to ensure that accident victims, such as passengers or other drivers, are covered.

Therefore, it is crucial to identify the correct period and determine if multiple parties are at fault to establish the appropriate insurance policy.

Does Prop 22 change my insurance claim?

Proposition 22 can influence car accident claims by altering the employment status of drivers, distinguishing them as contractors rather than employees.

Consequently, the proposition does not automatically assign fault to rideshares, and in certain instances, the Uber or Lyft driver’s personal insurance might be the sole applicable coverage. If that coverage maxes out, a personal injury lawsuit may be filed against the at-fault driver to recover additional damages.

How long do I have to file an Uber and Lyft accident claim?

Like other car accident cases, the statute of limitations limits individuals to generally two years from the date of injury to file a personal injury claim. However, this can be reduced or extended depending on the involved parties.

Schedule a Free Consultation with an Uber and Lyft Accident Lawyer

Rideshare accidents differ significantly from typical car crashes. This is why it is crucial to report the incident accurately, exchange insurance information, preserve evidence and app data, and file your insurance claim with the appropriate party.

If you were hit by an Uber or Lyft driver in California, Jeff’s got you.

The Uber and Lyft accident attorneys at Attorney Jeff Car Accident Lawyer can help you through the claims process and secure the fair compensation you deserve. Contact us and schedule a free case review to get started.