What Happens If You’re in a Lyft or Uber Accident?
Like most of the country, Oklahomans have become increasingly reliant on rideshare services in recent years. Rideshare apps like Uber and Lyft have made getting around easier than ever. With a few taps on your phone, you can schedule a ride, track your driver, and reach your destination—all without worrying about parking or driving yourself. But while these services are convenient, they’re not without risks. Accidents can still happen, and when they do, figuring out who’s responsible can get tricky.
Liability in rideshare accidents is often more complex than in standard car accidents. Most rideshare companies consider their drivers as independent contractors rather than employees, which can complicate both insurance coverage and fault allocation. For example, whether a rideshare driver is actively driving a passenger or simply waiting for a ride request at the time of an accident can significantly impact liability.
This blog will address two situations: when a ride-sharing vehicle passenger is injured in an accident and when a rideshare driver hits another motorist. Understanding who is responsible for damages and how victims may recover can alleviate stress following the accident.
What are Rideshare Services?
Rideshare companies like Uber and Lyft, also known as transportation network companies (TNCs), use mobile technology to connect drivers with passengers for transportation to a pre-arranged destination. Drivers use their own vehicles and receive a fee for their services and the potential for added tips from passengers. While this setup offers flexibility for drivers, it also means they’re classified as independent contractors-not employees. This distinction plays a significant role in determining liability and insurance coverage.
Independent contractors operate with more freedom than traditional employees. For example, rideshare drivers can work whenever and for how long they want to work. In contrast, traditional employees typically follow set schedules. But this flexibility can complicate liability questions if an accident occurs.
Oklahoma’s Rules for Rideshare Services
Oklahoma regulates rideshare companies under the Transportation Network Company Services Act. This law sets important safety regulations, like background checks for drivers and zero-tolerance policies for drug and alcohol usage. It also lays out insurance requirements, which vary depending on whether the driver is logged into the app or actively transporting passengers.
Here’s how the insurance coverage works for rideshare drivers in Oklahoma:
- Not Logged into the App: The driver’s personal auto insurance applies.
- Logged in but Waiting for a Ride: The rideshare company provides limited coverage, including $50,000 per person for bodily injury, $100,000 per accident, and $25,000 for property damage.
- Actively Transporting or Picking Up a Passenger: The rideshare company’s $1 million policy kicks in, covering injuries and property damage caused by the driver.
Importantly, If the driver’s personal insurance does not provide the required coverage, the rideshare company’s insurance is supposed to step in and cover the gap.
What Happens When a Rideshare Passenger Is Injured?
If a rideshare passenger is injured in an accident, you’re covered by the company’s $1 million insurance policy during your ride. This policy can cover medical bills, lost wages, and other damages if the driver gets into an accident. But what happens if your damages exceed $1 million?
In that case, you might have additional options. For example, if another driver caused the accident, you could file a claim against their insurance as well. Or, if the rideshare company failed to properly screen the driver and that contributed to the accident, you might be able to hold the company directly liable.
What If a Rideshare Driver Hits Your Car?
Accidents involving rideshare drivers involve varying insurance coverages depending on whether the driver was actively using the app, driving between fares, or not logged into the app at the time of the accident.
- Not Logged into the App: If the driver is not logged into the app, their personal auto insurance is the only coverage available. Under these circumstances, the driver is treated like any other motorist under Oklahoma law.
- Logged In but Waiting for a Ride: If the driver is active on the app but hasn’t accepted a ride request, the rideshare insurance may provide limited coverage. This coverage is often higher than the state minimum but lower than the full $1 million policy offered when the driver is actively transporting a passenger.
- Actively Transporting or Picking Up a Passenger: The rideshare company’s $1 million policy becomes primary once the driver is actively engaged in a ride. That coverage kicks in for injuries and property damage caused by the rideshare driver with varying exceptions depending on the accident’s specific circumstances.
The accident victim may have additional avenues for recovery if factors like poorly maintained roads or another party’s reckless driving contributed to the accident. Consulting a Tulsa vehicle accident attorney experienced in rideshare accidents will help you identify all potential sources of compensation and combat wrongful claim denials.
Steps to Take Following a Rideshare Accident
As with any Oklahoma motor vehicle accident, the parties involved should take certain steps to protect their safety and preserve their legal claims.
- Stay Safe: Move to a safe location, if possible. Call 911 immediately if anyone is hurt
- Report the Accident: Contact the police to file a report. Oklahoma law requires this for accidents involving injuries, deaths, or property damage over $300. A police report can be valuable evidence later.
- Document Everything: Take photos of the accident scene, gather contact information from witnesses, and note any details about the rideshare driver’s status, such as whether they were logged into the app.
- Seek Medical Attention: Even if you feel okay, some injuries take time to show symptoms. A medical evaluation can ensure your safety and provide documentation for your claim.
- Speak to an Attorney: Rideshare accidents involve unique challenges, like navigating different insurance coverages and liability rules. An experienced attorney can help you pursue the compensation you deserve.
Why Work With Aizenman Law Group?
At Aizenman Law Group, we’ve helped countless clients recover after car accidents, including complex cases involving rideshare services. Whether you were a passenger, a driver, or another motorist, our team of dedicated litigators know how to navigate Oklahoma’s laws and hold the right parties accountable. We fight to maximize your compensation following a motor vehicle accident.
Call Aizenman Law Group at 918-215-8856 any time day or night for a no-cost case evaluation. With extensive experience handling rideshare accident claims, we’re ready to fight for the compensation you deserve.