What to Do If You’re in an Uber Accident or Lyft Accident
Rideshare apps have changed the way people get around town. Open the app and request a driver to pick you up wherever you are. A majority of the time, using an Uber or Lyft is perfectly safe. However, accidents can and do happen. So, what happens if you’re in a Lyft or Uber accident?
That all depends on whether you were a passenger, pedestrian, or rideshare driver and who’s at fault for the Uber or Lyft accident.
How Common Are Lyft and Uber Accidents?
Studies examining the frequency of Lyft and Uber accidents have mixed results, according to a 2022 meta-analysis. However, a study examining car crash data from 2010 to 2016 determined that when a rideshare service is introduced to a city, fatal car accident rates increase between 2% and 4%, while fatal pedestrian and bike accident rates rise 2.5%. Similarly, a 2024 survey of rideshare drivers found that one-third reported being in an accident while working.
While these statistics may not seem significant, the 2010 to 2016 study also found that for 20 years before Uber launched, car accident fatality rates had been falling.
What Are the Washington State Insurance Requirements for Uber or Lyft Drivers?
Under Washington State law, anyone driving for a rideshare service, like Uber or Lyft, must have a commercial insurance policy for their vehicle. The driver can obtain the insurance policy through the rideshare company, get one themselves, or use a combination of both insurance policies. Using a personal car insurance policy isn’t enough unless it is endorsed for commercial use and approved by the Washington Office of the Insurance Commissioner.
The Law also specifies the minimums for insurance coverage, but these minimums vary depending on if the rideshare driver is logged into the app but not driving a customer or if they’re driving a customer.
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When the driver is logged in but not driving a passenger, they must have:
- $50,000 in liability insurance coverage per person for bodily injury
- $100,000 in liability insurance coverage per accident for bodily injury
- $30,000 for liability insurance coverage for property damage
- Underinsured motorist coverage
- Personal injury protection (PIP)
When the driver is transporting a passenger, they must have:
- $1,000,000 in liability insurance coverage combined for death, injury, and property damage
- Underinsured motorist coverage of $100,000 per person and $300,000 per accident
- Personal injury protection
The statute states that if the driver’s commercial insurance policy lapses or lacks the appropriate coverage, the rideshare’s insurance company is responsible for covering the damages. It also states that there is no obligation for a personal auto insurance policy to cover a rideshare driver in the event of a car accident.
What Happens When You’re Driving for Lyft or Uber Driver and in a Car Accident
If you were driving for Uber or Lyft at the time of the car accident, your next steps will depend on if you were the at-fault driver or not.
If you were not the at-fault driver, you can seek compensation through the at-fault driver’s insurance. This is true whether you were transporting a passenger or on your way to pick one up.
If you were at fault for the accident, you’ll use the commercial insurance to cover your vehicle damages as well as damages for the other driver. Most commercial insurance won’t cover your medical bills in this case. However, because Washington State requires rideshare drivers to carry PIP, you may be able to use that to cover medical expenses.
It’s also important to note that because Uber and Lyft classify their drivers as independent contractors, you won’t be able to apply for worker’s compensation or have paid time off while you recover from the accident.
What Happens When You’re a Passenger in a Lyft or Uber Accident
When you’re the passenger in an Uber or Lyft, and there’s an accident, you can file a claim against the at-fault party and pursue compensation with their insurance company.
If the other driver caused the car accident, you’ll file a claim against them. If your Uber or Lyft driver is the at-fault party, you’ll pursue them for damages. However, to make a claim against the commercial insurance policy, your driver must be logged into the app at the time of the car accident. If, for whatever reason, the driver wasn’t logged into the app while they were driving you, you’ll have to file a claim against their personal insurance policy.
What Happens When an Uber or Lyft Driver Causes Your Pedestrian or Car Accident
If an Uber or Lyft driver causes a car accident when you’re driving your vehicle or while you’re a pedestrian, follow the same procedure as if you were a passenger at the time of the accident. If the driver was driving for Uber or Lyft at the time, meaning they were logged into the app, you’d pursue a claim with the commercial insurance policy — even if they didn’t have a passenger in the vehicle. As long as they’re logged into the app, they’re considered “on the clock.”
If they’re “off the clock,” meaning they’re not logged into the app, you would deal with their personal insurance company and policy.
What if the Insurance Coverage Isn’t Enough?
Many Uber and Lyft drivers use the commercial insurance provided by the rideshare company because it meets Washington State law requirements and is easier to get compared to finding a commercial insurance policy that meets the minimum requirements.
In most cases, commercial insurance coverage is enough to compensate you for your damages and injuries. But what happens if it isn’t? Can you sue Uber or Lyft for the accident?
While you can sue the rideshare company for your Lyft or Uber accident, it can be difficult. Even when the accident is the Lyft or Uber driver’s fault, they are independent contractors, which makes it challenging for you to hold Uber and Lyft directly responsible for your accident. What’s more, when you signed up for the service and created an account with the app, you likely agreed to the rideshare company’s terms and conditions, which could mean you agreed not to hold the company responsible in the event of a motor vehicle accident.
You may need to sue the at-fault driver personally or use the uninsured motorist coverage or personal injury protection on your insurance policy to recover additional compensation beyond what the insurance company may cover.
That said, you can consider suing Uber or Lyft if you can prove:
- The company was negligent in hiring, training, or supervising the driver
- The app somehow contributed to or caused the accident
- The company’s decisions or systems contributed to the accident
Joshua D. Anderson
Attorney Joshua D. Anderson grew up in Enumclaw, Washington with a close-knit family who instilled in him the values of faith, family, and hard work. Since a young age, Josh knew he wanted to be an attorney so he could advocate for others and always knew his focus would be personal injury. He completed his undergraduate degree at the University of San Diego and graduated Cum Laude from Seattle University School of Law. While pursuing his degree, Josh served as an extern for the Seattle City Attorney’s Office.
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Josh did an amazing job getting me more money than I was expecting to receive after my accident. He spent a little over 4 and a half years getting my settlement and I appreciated that they didn’t rush me and waited until I got to a point where I felt I was feeling 100% better and ready to settle. He did an excellent job explaining everything through the process and answering any questions. Everyone that works there was always super nice and helpful. I would definitely recommend Josh if you need a lawyer after an accident!
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Understand Your Options
Whether you were a passenger, pedestrian, or driving for a rideshare, ensuring you’re fairly compensated after a Lyft or Uber accident isn’t straightforward. While the police or courts may be able to determine who’s at fault, talking to the rideshare or insurance company can complicate things. Working with an experienced car accident lawyer who understands the complexities of rideshares, fault, and commercial insurance policies can protect your rights and help you receive the compensation you’re entitled to.
The team at Anderson Law Injury Attorneys has over 50 years of combined experience handling personal injury cases, including car accidents. We can help you understand your options and handle the insurance company for you to preserve your rights and pursue fair compensation. Contact us today and schedule your free consultation. There’s no obligation and no fee unless you win.
