Rideshare Injuries Cut Both Ways – Rider, Driver, or even a Pedestrian Can Get Coverage From Uber’s or Lyft’s Million Dollar Insurance Policies

Have you been injured as a passenger or as another driver in a rideshare accident? Or as a driver, have you been injured in an accident while driving for a rideshare app? Even worse, have you been walking and hit by a rideshare driver?

If you’ve answered yes to either question above, then there are some important things you need to know to see if their company’s insurance policy can cover your injuries!

In Colorado, depending on the status of the driver that will determine any limits that may be placed on the liability if you’ve been injured as a passenger in a rideshare accident. The three levels of liability are:

• Whether the driver was not logged into the app and was driving on his or her own time;
• Whether the driver was logged in and was waiting for a passenger to request a ride; or
• Whether the driver had a passenger in the vehicle or was on his or her way to pick up an accepted ride.

Once one of the above has been determined, then that will affect the outcome of if you as the injured person can go after the driver’s own insurance and the rideshare insurance.

Going After Driver’s Insurance

For example, Uber drivers are required to have motor vehicle insurance on their vehicles, whether they are currently working or not. Depending on the status of the driver at the time of the accident will change whose insurance is best to work with, and possibly file a personal injury lawsuit against. Uber carries an insurance policy for their driver, and if that driver was driving through the Uber app and injures you, you will be able to utilize that policy to claim injuries and damages.

Filing a Rideshare Personal Injury Lawsuit

When a person is injured after an accident with an Uber driver, he or she is entitled to recover financial compensation for damages incurred as the result of a Lyft or Uber worker’s negligence. Reach out to the Attorneys at Bell & Pollock, P.C. to see if you can be covered by the rideshare’s insurance!

How to determine the responsibility of the at-fault driver:

1. Who is responsible for a rideshare accident in Colorado?

Determining responsibility for most Colorado Rideshare accidents is based on the state’s negligence laws. To recover under a negligence standard, the injured victim must prove:

• that the person being sued (the defendant) owed a duty of care to the plaintiff;
• that the defendant breached the duty of care;
• that the defendant’s breach was the cause of the injury; and
• that the plaintiff sustained monetary damages from the injuries.

2. What if I was injured while riding in an Uber or Lyft?

Under Colorado law, ridesharing companies, like Uber or Lyft, are expected to carry certain levels of commercial liability coverage. Uber and Lyft are considered “transportation network companies” under Colorado law. This means that certain regulations apply that require insurance coverage in case of accidents. CRS 40-10.1-602(3) (Definitions).

Passengers who were injured while in a ridesharing service car will be covered by Uber or Lyft’s commercial liability coverage. If this is the case, damages may be covered:

•  “at least” $1 million per accident in coverage for Uber; or
• From the time you’re online with Uber until you accept a trip until that particular trip is finished, Uber maintains automobile liability coverage on behalf of their driver in amounts of at least:
  • $50,000 for the driver’s liability for bodily injury per person case of a covered accident
  • $100,000 per covered accident
  • $25,000 for property damage for which you are responsible for in a covered accident
• $1 million “per accident limit” for Lyft.
  • Lyft provides third-party liability insurance for covered accidents if your personal insurance does not apply.
    • $50,000/person for bodily injury
    • $100,000/accident for bodily injury
    • $25,000/accident for property damage
  • Coverage when the app is on, picking up passengers or during rides, Lyft provides the following insurance for covered accidents:
    • $1,000,000 for 3rd-party auto liability
    • Uninsured/underinsured motorist bodily injury and/or first-party coverage
    • Contingent comprehensive & collision up to the actual cash value of the car ($2,500 deductible)

3. What if the Uber driver was “at fault” for the accident?

When a ridesharing vehicle operator is at fault for the accident and a person’s injuries, the type of liability coverage available depends on the driver’s status at the time of the accident.

1. What happens when the driver was not logged in to the app when my injuries occurred? When an Uber driver is not logged in to the app, they are not working for the company. This means that he or she is driving for purely personal reasons. When this is the case the injured person must file a claim through the driver’s personal auto insurance liability policy. Under Colorado law, drivers are required to carry the following minimum amounts of liability insurance: Bodily Injury: $25,000 per person and $50,000 per accident. Property Damage: $15,000 per incident. CRS 13-21-111 (Negligence cases–comparative negligence as measure of damages). If the driver does not have personal insurance, the injured person may have to: go after his or her personal assets; or rely on the victim’s own underinsured liability coverage.
2. What happens when the driver was not logged in to the app when my injuries occurred? When an Uber driver is not logged in to the app, they are not working for the company. This means that he or she is driving for purely personal reasons. When this is the case the injured person must file a claim through the driver’s personal auto insurance liability policy. Under Colorado law, drivers are required to carry the following minimum amounts of liability insurance: Bodily Injury: $25,000 per person and $50,000 per accident. Property Damage: $15,000 per incident. CRS 13-21-111 (Negligence cases–comparative negligence as measure of damages). If the driver does not have personal insurance, the injured person may have to: go after his or her personal assets; or rely on the victim’s own underinsured liability coverage.
3. What happens when the rideshare driver has a passenger or is on the way to pick up a passenger? When an Uber driver is carrying a passenger or is on the way to pick up an accepted ride, the full liability coverage limits apply. This means that the company’s insurance will be primarily liable and will provide the coverages stated above. This can mean coverage for a current passenger who was injured, a driver that was hit by an Uber driver while he or she had a passenger (or was on the way to pick the passenger up), or a pedestrian struck during this time.

Essentially, if you’ve been injured by a driver that at the time of the accident was driving for a rideshare app or within a “transportation network,” you may be able to be covered by a million-dollar insurance policy.