Can I Sue Uber or Lyft if a Rideshare Driver Caused the Car Crash That Left Me Injured?

Barkan Meizlish , October 1, 2019

Yes, you can generally file a personal injury claim if a rideshare driver causes a traffic accident that injures you.

Despite a series of class action lawsuits, Lyft and Uber drivers remain classified as independent contractors rather than employees of the rideshare companies for which they work. As a result, rideshare drivers are generally required to carry at least two separate forms of car insurance that cover accidents involving injuries to passengers, pedestrians, bike riders, and people in other vehicles.

Typically, the at-fault Uber or Lyft driver will be the liable party, with the rideshare company being secondary/additional. However, certain factors, like if the negligent or reckless driver was acting as an employee of a rideshare company at the time of the accident, can alter who the liable party actually is. How your case will go largely depends on which of the following scenarios describes what happened.

Were You Injured While Riding as an Uber or Lyft Passenger?

Rideshare companies require their contract drivers to carry personal car insurance coverage. Additionally, rideshare companies commonly provide, and in most states are required to provide, approximately $1-million in insurance coverage. The additional $1 million policy can apply when passengers suffer injuries in crashes a rideshare driver caused.

How much an injured passenger can claim will depend on a number of factors, including the severity of the injuries, the amount of the medical bills, and the number of injured people who have valid insurance claims. The final factor comes into play because the $1 million limit covers all crash victims.

Was the Uber or Lyft Driver En Route With a Passenger When They Hit You?

Under the laws of Ohio, pedestrian, motorcycle riders, and individuals in other vehicles may not have access to the full $1 million of injury liability coverage carried by Uber and Lyft drivers. Consulting with a knowledgeable and experienced rideshare accident attorney will clarify how to maximize insurance settlements, and ensure all potential avenues of recovery have been investigated. Please contact Barkan Meizlish, LLP to speak with an experienced personal injury lawyer.

Did the Uber or Lyft Driver Have the App Open but No Passenger in Their Vehicle?

Rideshare drivers who are “available” and logged into the rideshare company’s app, but have not yet picked up a passenger, are generally covered by their Uber or Lyft policy for up to $100,000 in liability. The driver’s own personal insurance may provide coverage, as may underinsured motorist provisions of the injured person’s insurance. If you have been injured because of a negligent rideshare driver, you should contact the attorneys at Barkan Meizlish, LLP.

Did the Uber or Lyft Driver Have the App Closed and No Passenger in Their Vehicle?

Yes, you can generally file a personal injury claim if a rideshare driver causes a traffic accident that injures you.

Despite a series of class action lawsuits, Lyft and Uber drivers remain classified as independent contractors rather than employees of the rideshare companies for which they work. As a result, rideshare drivers are generally required to carry at least two separate forms of car insurance that cover accidents involving injuries to passengers, pedestrians, bike riders, and people in other vehicles.

Typically, the at-fault Uber or Lyft driver will be the liable party, with the rideshare company being secondary/additional. However, certain factors, like if the negligent or reckless driver was acting as an employee of a rideshare company at the time of the accident, can alter who the liable party actually is. How your case will go largely depends on which of the following scenarios describes what happened.

Were You Injured While Riding as an Uber or Lyft Passenger?

Rideshare companies require their contract drivers to carry personal car insurance coverage. Additionally, rideshare companies commonly provide, and in most states are required to provide, approximately $1-million in insurance coverage. The additional $1 million policy can apply when passengers suffer injuries in crashes a rideshare driver caused.

How much an injured passenger can claim will depend on a number of factors, including the severity of the injuries, the amount of the medical bills, and the number of injured people who have valid insurance claims. The final factor comes into play because the $1 million limit covers all crash victims.

Was the Uber or Lyft Driver En Route With a Passenger When They Hit You?

Under the laws of Ohio, pedestrian, motorcycle riders, and individuals in other vehicles may not have access to the full $1 million of injury liability coverage carried by Uber and Lyft drivers. Consulting with a knowledgeable and experienced rideshare accident attorney will clarify how to maximize insurance settlements, and ensure all potential avenues of recovery have been investigated. Please contact Barkan Meizlish, LLP to speak with an experienced personal injury lawyer.

Did the Uber or Lyft Driver Have the App Open but No Passenger in Their Vehicle?

Rideshare drivers who are “available” and logged into the rideshare company’s app, but have not yet picked up a passenger, are generally covered by their Uber or Lyft policy for up to $100,000 in liability. The driver’s own personal insurance may provide coverage, as may underinsured motorist provisions of the injured person’s insurance. If you have been injured because of a negligent rideshare driver, you should contact the attorneys at Barkan Meizlish, LLP.

Did the Uber or Lyft Driver Have the App Closed and No Passenger in Their Vehicle?

When a rideshare driver is neither available to take passengers nor actually working for Uber or Lyft, their own car insurance policy generally applies to any crash they cause.

So, when can Uber or Lyft be sued if the driver was not actually working for the rideshare company at the time of the accident/injury? A few of the situations in which a rideshare company could be named as a defendant in a civil lawsuit are when:

  • The company allowed a driver to operate without carrying the required coverages.
  • The company contracted with a driver who has a criminal history of driving under the influence and the wreck involved drunk or drugged driving—a situation described as “negligent employment.”
  • The company contracted with a driver who had a criminal history of sexual or physical assault and the driver assaulted you while you were a passenger.

Before you file an Uber or Lyft driver lawsuit in Ohio, consider speaking with a personal injury attorney at Barkan Meizlish, LLP. Personal injury claims involving rideshare companies and drivers are complex and can be difficult. We are committed to straightening out the complexities of rideshare accidents, and we offer free consultations to potential clients. You can speak with a lawyer by calling (614) 221-4221 or schedule an appointment online.

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