Uber and Lyft crashes raise questions that ordinary car accidents do not. Is the driver an employee? Whose insurance applies: the driver’s, the company’s, or both? The answers often depend on what the driver was doing in the app at the moment of the crash. This article explains the basics for passengers, other drivers, pedestrians and rideshare drivers themselves.
Are rideshare drivers employees?
Under a 2020 California ballot measure, app-based drivers are generally treated as independent contractors, not employees. That affects who can be held responsible for a crash and what benefits a hurt driver can receive. It does not mean no insurance applies. The insurance rules for rideshare trips are separate.
Insurance depends on the stage of the trip
California requires rideshare companies to provide insurance that changes with the trip:
- App off: the driver’s own auto insurance applies.
- App on, waiting for a ride request: the company’s insurance provides limited coverage if the driver’s own policy does not.
- Ride accepted, and during the trip: the company’s insurance provides much higher coverage, including coverage for injuries caused by uninsured or underinsured drivers.
Because the stage of the trip decides so much, the app’s trip records are some of the most important evidence in the case.
If you were a passenger
Passengers are usually covered at the highest level, because the trip was in progress. That is true whether the rideshare driver or another driver caused the crash.
If a rideshare car hit you
Pedestrians, cyclists and other drivers hit by a rideshare car may have a claim against the driver’s insurance, the company’s insurance, or both, depending on the app status at the time of the crash.
What to do after a rideshare crash
- Take screenshots of the ride in the app: the driver, the car, the time and the route.
- Get the other drivers’ information and photograph the scene.
- Report the crash in the app and to the police.
- See a doctor, and don’t give a recorded statement to any insurer before you get advice.
Read more about our rideshare accident cases, and our car accident cases across California, including Los Angeles, Orange County and San Diego.
