Rideshare accidents involving Uber, Lyft, and similar services create unique legal complications that differ from standard car accident cases. Multiple insurance policies, corporate defendants, and driver status questions require specialized knowledge.
Our friends at Macrae & Whitley, LLP discuss how specific mistakes cost victims compensation they deserve after crashes involving rideshare drivers. A car accident lawyer familiar with rideshare cases knows the unique coverage issues and common pitfalls that weaken claims against these companies and their insurers.
These fifteen mistakes jeopardize rideshare accident claims and your financial recovery.
1. Not Documenting The Driver’s App Status
The most important detail in rideshare accidents is whether drivers had their apps on and what status they were in when crashes occurred. Uber and Lyft provide different insurance coverage levels depending on whether drivers were offline, online but without passengers, en route to pick up passengers, or actively transporting passengers.
Take screenshots of the app showing your ride status, driver information, and trip details. This documentation proves which insurance policy applies to your accident.
Without this evidence, rideshare companies deny coverage claiming drivers weren’t working when accidents occurred.
2. Assuming The Rideshare Company’s Insurance Automatically Covers You
Rideshare insurance is complicated and depends entirely on driver status. When drivers are offline, only their personal insurance applies and rideshare companies provide no coverage. When online without passengers, rideshare companies provide limited liability coverage. When transporting passengers, full commercial coverage applies.
According to the National Highway Traffic Safety Administration, rideshare insurance coverage varies significantly based on driver activity status.
Understanding which coverage applies requires investigating driver status at the time of your accident.
3. Not Reporting Accidents Through The App
Report accidents immediately through the Uber or Lyft app. These in-app reports create official records with rideshare companies documenting that accidents occurred during rides.
Failing to report through the app gives companies arguments that accidents happened outside of rides or weren’t properly reported according to their procedures.
4. Accepting Rideshare Company Settlement Offers Without Legal Review
Uber and Lyft contact accident victims quickly offering settlements through their insurance adjusters. These offers typically undervalue claims significantly.
Never accept rideshare company settlements without consulting an attorney who can evaluate whether offers adequately compensate you for all damages including future medical costs and lost earning capacity.
5. Not Identifying All Available Insurance Policies
Multiple insurance policies might cover rideshare accidents including the rideshare company’s commercial policy, the driver’s personal auto insurance, other drivers’ liability coverage if they caused accidents, and your own uninsured or underinsured motorist coverage.
We investigate all potential coverage sources to maximize available insurance for your injuries.
6. Failing To Preserve Trip Records And Receipts
Save all documentation of your rideshare trip including email confirmations, app notifications, credit card charges, and trip receipts.
These records prove you were passengers during accidents and establish which rideshare insurance policy should cover your injuries.
7. Not Getting The Driver’s Personal Insurance Information
Even when rideshare company insurance should cover accidents, obtain the driver’s personal insurance information at the scene. Coverage disputes sometimes require claims against drivers’ personal policies.
Exchange information just as you would in any car accident regardless of rideshare involvement.
8. Assuming Drivers Were Properly Classified
Rideshare companies classify drivers as independent contractors rather than employees. This classification affects liability and insurance coverage issues.
We evaluate whether drivers were properly classified and whether rideshare companies bear additional liability beyond just insurance coverage.
9. Not Documenting Whether You Were A Passenger Or Pedestrian
Your status as passenger, pedestrian, or occupant of another vehicle affects which insurance policies cover you and what claims you can pursue.
Clearly document your position and role in accidents so appropriate insurance coverage can be identified and pursued.
10. Failing To Investigate Driver Background And Safety Records
Rideshare companies have duties to properly screen drivers and remove dangerous drivers from their platforms. If drivers had prior accidents, traffic violations, or complaints, companies might be liable for negligent retention.
We investigate driver histories looking for evidence that companies should have known drivers were dangerous.
11. Not Preserving App Data Before It Disappears
Trip data in rideshare apps sometimes disappears after certain time periods. Take screenshots immediately showing driver information, route taken, trip timing, and fare charged.
This data might become unavailable if you wait too long to document it.
12. Accepting Partial Fault Determinations Without Investigation
Rideshare companies sometimes claim passengers contributed to accidents through distraction or other factors. These comparative fault arguments reduce their liability and your compensation.
Challenge these assertions with evidence showing you did nothing to cause or contribute to crashes.
13. Not Understanding Arbitration Clauses In User Agreements
Rideshare user agreements often contain arbitration clauses that might limit your right to sue in court. Understanding these clauses and potential ways to avoid them requires legal analysis.
We evaluate whether arbitration clauses apply to your case and develop strategies for pursuing claims despite these provisions.
14. Failing To Address Delayed Injury Symptoms
Rideshare accidents often involve violent collisions causing serious injuries that don’t show immediate symptoms. Get examined within 24 hours even if you feel fine.
Delayed treatment gives rideshare insurance companies arguments that something else caused injuries or that accidents weren’t serious.
15. Not Hiring Attorneys With Specific Rideshare Experience
Rideshare accident cases require understanding of complex insurance coverage issues, corporate liability theories, driver classification disputes, and technology platform evidence.
General car accident attorneys often lack knowledge of these unique rideshare issues.
Protecting Your Rideshare Accident Claim
Rideshare accidents involve corporate defendants with vast resources and complex insurance arrangements designed to minimize company liability. Uber and Lyft have sophisticated legal teams working to deny claims or shift responsibility to drivers’ personal insurance.
The mistakes discussed above give these companies and their insurers ammunition to deny coverage, reduce settlements, or eliminate their liability entirely by claiming accidents occurred when drivers weren’t working.
Small errors made immediately after rideshare accidents often determine whether you can access the substantial commercial insurance coverage these companies carry or whether you’re left pursuing inadequate personal insurance policies.
Understanding rideshare insurance tiers, documenting driver app status, preserving trip data, and investigating all coverage sources are essential for recovering fair compensation after crashes involving Uber, Lyft, or similar services.
Don’t assume rideshare accidents are just like regular car crashes. The corporate involvement, insurance complications, and driver status issues require specialized knowledge and investigation beyond what standard accident cases demand.
Contact an attorney experienced specifically with rideshare accident cases who understands how rideshare insurance coverage works, knows how to prove driver app status and trip details, investigates all available insurance policies including rideshare commercial coverage, and will fight against corporate defendants trying to deny liability and minimize payouts for injuries that occurred during rides you paid for with expectations of safe transportation.