Rideshare crashes involve several possible insurers and the app company itself. A lawyer who knows these cases can help you work out which coverage applies and what you can claim.
Why these cases are complicated
- Coverage often depends on whether the driver was offline, waiting for a request or on a trip.
- The driver's personal policy may exclude commercial use.
- The company's policy limits and conditions vary by state.
- Passenger terms of service may include arbitration clauses.
Who may bring a claim
- Passengers injured in the rideshare vehicle.
- Other drivers, cyclists and pedestrians hit by the rideshare car.
- Rideshare drivers injured by another driver.
What a lawyer does
- Captures proof of the app status at the time of the crash, such as trip records.
- Identifies every applicable policy, including the driver's, the company's and your own.
- Handles notice and claims deadlines.
- Investigates fault, including the other driver in a multi-vehicle crash.
- Reviews terms of service and any arbitration issues.
- Negotiates with the insurers or files suit.
Insurance basics
Companies commonly provide higher third-party liability coverage during a trip, often described as up to $1 million, and lower coverage when the driver is only waiting for a request. Terms and state minimums change, so confirm current details for your situation rather than relying on general descriptions.
What to do after a rideshare crash
- Call 911 and get medical care.
- Take screenshots of the trip and the driver's profile.
- Get the driver's information and the vehicle plate.
- Report the crash through the app and to your insurer.
- Be cautious about statements to adjusters, and consider talking to a lawyer.
Related guides
See our guides to rideshare accident liability, uninsured motorist coverage and hiring a personal injury lawyer.
A typical claim timeline
- Report the crash and save app screenshots.
- Medical care and documentation.
- Notice to the relevant insurers, which may include the company's carrier.
- Investigation of fault and app status.
- Demand and negotiation, or arbitration if your terms require it.
- Lawsuit if needed, before the deadline.
Common defenses
- That the driver was offline or not on a trip, so lower coverage applies.
- That the driver was an independent contractor.
- That the passenger agreed to arbitrate disputes.
- That another driver caused the crash.
Documents to keep
- Trip receipts and screenshots.
- The driver's name, plate and photo from the app.
- Your communications with the company or its insurer.
- Medical records and bills.
- The police report.
State laws
Many states have rules on the insurance rideshare companies must carry in each phase of a trip. Those rules and the minimum amounts differ and change. Ask a lawyer which state rules apply to your crash.
The insurance phases of a rideshare trip
Rideshare coverage depends on what the driver was doing. When the app is off, only the driver's personal policy applies. When the app is on and the driver is waiting for a ride request, many companies provide a lower tier of liability coverage. When the driver has accepted a ride or has a passenger, many companies provide higher liability coverage and sometimes uninsured and underinsured motorist coverage. Exact limits and conditions vary by company and state and have changed over time, so a lawyer will confirm the policy in force at the time of your crash.
Claims by different people
- Passengers can claim against the driver and potentially the company's coverage.
- Other drivers can claim against the rideshare driver and the applicable policy.
- Pedestrians and cyclists hit by a rideshare vehicle can claim in the same way.
- Rideshare drivers can claim against an at-fault driver and may have access to the company's uninsured motorist coverage in some phases.
Arbitration and terms of service
Passengers usually accept terms of service when they sign up, and those terms can include arbitration clauses or limits on lawsuits against the company. A lawyer will check whether they apply to your claim and whether any opt-out period or exceptions exist. These terms generally do not stop you from claiming against another driver who caused the crash.
Why app data matters
The company's records show whether the driver was on a trip, the route taken and the time of the crash. Preserve screenshots of the app, receipts and messages right away, and ask a lawyer to request the company's data formally.
How fault is proven in a vehicle injury claim
Most injury claims rest on negligence. You generally have to show that the other party owed you a duty of care (all drivers must drive reasonably), breached it (for example by speeding, texting or following too closely), caused your injury and caused measurable harm. Evidence of a traffic law violation can help show a breach, and some states treat violating a safety statute as negligence in itself.
Economic and non-economic damages
Economic damages are the losses with a price tag: medical bills, future care, lost income, lost earning ability and property damage. Non-economic damages cover pain, suffering, emotional distress, scarring and loss of enjoyment of life. A spouse may have a separate loss of consortium claim in many states. Punitive damages are rare and are reserved for conduct such as drunk driving or deliberate safety violations, and many states cap or limit them.
Common mistakes after a rideshare crash
- Not documenting the app status.
- Assuming the company's insurance will pay without a claim.
- Giving a recorded statement to the company's insurer too early.
- Accepting a quick offer or voucher before you know the extent of your injuries.
- Missing short notice deadlines.
Terms you will hear, in plain English
- Trip phases: the stages of a rideshare ride that determine which insurance applies.
- Arbitration clause: a contract term that sends disputes to a private arbitrator instead of court.
- Uninsured motorist coverage: coverage that pays when the at-fault driver has no insurance.
- Contingent liability coverage: coverage that applies when the driver's own policy does not.
- Telematics: data from the app and phone about speed, location and driving.
Frequently asked questions
Can I sue the rideshare company?
Sometimes, but claims may be limited by the company's role and by the passenger terms, including arbitration clauses.
What if the other driver was at fault?
Their liability insurance is primary, and rideshare coverage may be an additional source.
Do I need a lawyer for a minor rideshare crash?
Not always, but the layered insurance makes a free consultation worthwhile.
Does the app company pay my medical bills?
Not automatically. Coverage depends on the trip phase, the policy terms and state law.
Does the app company always pay for a rideshare crash?
No. Coverage depends on the trip phase, the policy terms and who was at fault.
Can drivers claim against the company?
In some situations, depending on the coverage in force and state law.
What if the driver was not logged in?
The driver's personal policy and your own coverage may apply.
What if the rideshare driver is not at fault?
The other driver's liability insurance is usually the main source, and rideshare uninsured motorist coverage may help if that driver has no insurance.
Should I report the crash through the app?
Yes, report it promptly, and keep screenshots of your report.