Can You Sue Uber Or Lyft If Your Driver Crashes?

Picture this: you’re in the backseat of a Lyft or Uber, scrolling through your phone, when your driver crashes into another vehicle. After getting treated for your injuries, you wonder: Who covers your medical bills, lost wages, and other expenses? With over 22 million Uber and Lyft trips taken daily across the United States and thousands of rideshare accidents occurring yearly, this scenario is more common than many passengers realize.

Filing a claim with the rideshare company’s insurance is usually your first step after an accident. If needed, you can pursue legal action against the company to seek full compensation, though this can be challenging. Uber and Lyft classify their drivers as independent contractors, which often limits their liability for accidents. Still, you may have grounds to hold them accountable if their negligence contributed to the crash.

If you’re navigating complex questions after an Uber or Lyft accident, trust Arash Law’s proven experience with rideshare litigation in California. Our Uber and Lyft accident attorneys have secured results against the industry’s biggest names and understand the nuances of liability, insurance, and passenger rights. Call (888) 488-1391 for a confidential case assessment. Read on for a detailed, insider’s guide to holding rideshare companies accountable and maximizing your recovery.

The Possibility Of Suing Uber Or Lyft For The Accident

If your Uber or Lyft driver gets into a crash, you might assume the rideshare company is automatically responsible. After all, they vetted and approved the driver, right? Unfortunately, it’s not that straightforward.

California law, under Proposition 22, classifies Uber and Lyft drivers as independent contractors rather than employees. This employment classification generally shields rideshare companies from “vicarious liability.” This is the legal principle that would otherwise hold employers responsible for their employees’ actions while on the job.

Vicarious liability is a legal concept that comes from common law, meaning it’s developed through court decisions rather than written laws. Proposition 22 doesn’t clearly state that it changes or removes this principle.

In California, if a law doesn’t explicitly say it’s altering common law, courts assume the existing rules still apply. Judges won’t interpret a law as changing those rules unless the intent is unmistakably clear.

In short, since Prop. 22 doesn’t clearly eliminate vicarious liability, the courts will continue to decide whether companies like Uber or Lyft can be held responsible for the actions of their drivers.

There are specific circumstances where these companies may be directly liable. The most common grounds for rideshare company liability include negligent hiring, supervision, or retention of drivers.

For example, if Uber or Lyft approved a driver despite a history of reckless driving or DUIs that would have appeared in a proper background check, they could be held legally responsible for putting passengers at risk. Even when you can’t sue the rideshare company directly, their insurance policies may cover your damages. Uber and Lyft provide up to $1 million in liability coverage, but the coverage available depends on the driver’s status at the time of the accident. Understanding this tiered insurance system when pursuing compensation after a rideshare accident is critical.

Circumstances When Uber Or Lyft May Be To Blame

In some cases, Uber or Lyft may be liable for a rideshare accident if any of the following contributed to the incident:

Negligent Hiring, Supervision, Or Retention

Rideshare providers are legally responsible for ensuring their drivers meet basic safety qualifications before allowing them to transport passengers. This duty includes conducting comprehensive background checks, reviewing driving records, and screening for histories of reckless driving, DUIs, or criminal behavior.

If a rideshare company fails in this essential screening process, it could be held liable for resulting accidents. Similarly, if Uber or Lyft receives multiple passenger complaints about a driver’s unsafe behavior but fails to investigate or remove them from the platform, they could be liable for negligent retention or knowingly keeping a driver they should have recognized as a danger to passengers and other road users.

Policies Encouraging Unsafe Driving

While Uber and Lyft publicly emphasize safety, their business model and incentive structures can sometimes push drivers toward risky behaviors. A 2018 study published in the Journal of Occupational and Environmental Medicine found that economic situations and the pressures of rideshare work often lead to unsafe driving practices. Specific company policies and earning structures can indirectly encourage dangerous behaviors such as:

• Speeding to complete more trips in limited time windows.
• Ignoring traffic laws to avoid delays that might affect ratings or earnings.
• Driving while fatigued due to long hours needed to achieve profitable earnings.
• Accepting consecutive rides without adequate rest periods.
• Distracted driving while managing the app interface during trips.

Additionally, Uber and Lyft use performance-based incentives that reward drivers for hitting ride quotas. If a driver is close to earning a bonus or moving to a higher pay tier, they may push themselves past safe limits to meet company benchmarks.

If these policies contribute to unsafe driving that leads to an accident, Uber or Lyft could be held responsible. A personal injury lawyer can help investigate whether the company’s policies encouraged reckless driving behaviors.

App Malfunctions

Rideshare apps are the technological backbone of Lyft’s and Uber’s services, but software glitches, interface problems, navigation errors, and poor design can directly contribute to motor vehicle accidents. When app malfunctions cause crashes, rideshare companies may be liable under product liability laws if their technology proves unreasonably dangerous or defective.

Real-world examples of potentially dangerous app issues include:

• Navigation systems direct drivers the wrong way down one-way streets.
• The app interface requires excessive attention that diverts drivers’ eyes from the road.
• Sudden app crashes distract drivers at critical moments.
• Routing algorithms direct drivers into prohibited areas, like bus lanes or construction zones.
• Inaccurate pickup location pins cause dangerous stopping or U-turns in traffic.

Understanding Rideshare Insurance

Understanding the complex insurance coverage system is crucial for securing proper compensation if you’ve suffered injuries in a traffic accident involving an Uber or Lyft vehicle. Rideshare companies maintain insurance policies that cover drivers, passengers, and third parties. Still, the available coverage changes dramatically depending on the driver’s status in the app during the crash.

Phase 0: The App Is Off

When a rideshare driver is not logged into the app, they’re considered a private individual. In this scenario, only the driver’s auto insurance applies if an accident occurs. Uber and Lyft provide absolutely no coverage during this phase, which means recovery may be limited to the driver’s personal policy limits.

It’s important to note that insurance requirements for rideshare companies can vary by state. Some states have enacted specific legislation requiring higher minimum coverage levels than others. For example, California requires rideshare companies to maintain $1 million in coverage during active rides, while some states may have lower requirements.

Phase 1: The App Is On, Waiting For A Ride Request

When drivers are logged into the app but haven’t yet accepted a ride, Uber and Lyft provide limited liability coverage. This “standby mode” coverage includes:

• $25,000 for property damage per accident.
• $50,000 for bodily injury per person.
• $100,000 for bodily injury per accident.

These amounts represent the minimum coverage, not the maximum you might need after a serious accident. It’s also worth noting that during this phase, the driver’s auto insurance is still considered the primary coverage, with rideshare insurance acting as supplemental.

Phase 2-3: En Route To Pickup Or Actively Transporting Passengers

The moment a driver accepts your ride request, and through the completion of your trip, the maximum insurance coverage applies. During these active phases, Uber and Lyft provide their most comprehensive protection:

• $1 million in third-party liability coverage for injuries to passengers, other drivers, pedestrians, or property damage.
• Uninsured/underinsured motorist (UM/UIM) coverage up to $1 million, protecting you if another driver causes the accident but lacks adequate insurance.
• Contingent comprehensive and collision coverage for damage to the driver’s vehicle (subject to a deductible of $1,000-2,500).

Other Parties Who Could Be Accountable

Multiple parties could share liability for a rideshare accident, depending on the circumstances. Here are some of them:

The Uber / Lyft Driver

Despite the complex corporate structure of rideshare operations, the drivers themselves often bear primary responsibility for accidents they cause. A rideshare driver may be legally liable if they engaged in negligent driving behaviors such as:

• Reckless driving includes speeding, running stop signs or red lights, and aggressive maneuvers.
• Distracted driving, such as texting, adjusting the app, or focusing on conversations rather than the road.
• Drowsy driving due to working excessive hours or multiple jobs without adequate rest.
• Impaired driving under the influence of alcohol, drugs, or medications.

Establishing driver negligence requires evidence like police reports, witness statements, and sometimes data from the rideshare app itself, which can show speeds, routes, and driver activity patterns. Remember that even when the driver is found liable, their auto insurance may deny claims if they didn’t have proper rideshare coverage.

Another Negligent Driver

Many rideshare accidents are caused not by Uber or Lyft drivers but by other motorists on the road. When another driver’s negligence causes your rideshare accident, you may need to pursue a claim against their auto insurance policy. Common scenarios include:

• Another vehicle rear-ended your rideshare car.
• A driver ran a red light and struck your Uber or Lyft.
• Reckless drivers caused your rideshare driver to take evasive action, resulting in a crash.

In these cases, you would still be protected by Uber or Lyft’s uninsured/underinsured motorist coverage if the at-fault driver has insufficient insurance.

A Vehicle Manufacturer

Auto manufacturers can be liable under product liability laws when defective vehicles or components contribute to accidents. For rideshare accidents involving vehicle defects, you may have grounds for claims against manufacturers if your accident involved:

• Brake failures that prevent proper stopping.
• Tire blowouts from manufacturing defects.
• Steering system malfunctions.
• Airbags that failed to deploy or deployed inappropriately.
• Fuel system defects lead to vehicle fires.

These cases are technically complex and often require expert engineering analysis to establish the connection between the defect and your injuries. A personal injury attorney with experience in automotive product liability can help determine whether this type of claim applies to your case.

A Maintenance Provider

While rideshare drivers bear primary responsibility for maintaining their vehicles, the repair shops and mechanics who service these vehicles also have a professional duty to perform safe, competent work. When faulty repairs or negligent maintenance contribute to an accident, repair providers may share liability.

Examples of maintenance provider negligence include:

• Improperly performed brake repairs.
• Oil changes that damage engine components.
• Tire installations that fail to secure wheels properly.
• Safety inspections that miss critical mechanical issues.
• Using defective or inappropriate replacement parts.

These cases involve complex questions about the standard of care for automotive repairs and whether the maintenance issue directly caused the accident. Additionally, if Uber or Lyft knew or should have known about inadequate vehicle maintenance through their inspection processes, they might share responsibility for allowing unsafe vehicles to transport passengers.

A Government Entity

Dangerous road conditions such as large potholes, missing guardrails, malfunctioning traffic signals, inadequate signage, or poorly designed intersections can contribute significantly to rideshare accidents. When these factors play a role, the government agencies responsible for road design, construction, or maintenance may bear partial liability.

However, claims against government entities come with unique challenges:

• Shorter filing deadlines (often as little as 6 months from the accident date).
• Special administrative claim requirements.
• Specific notice provisions.
• Sovereign immunity protections that can limit damages.

For example, if your Lyft driver crashed because a traffic light malfunctioned, you must file a claim with the responsible municipal department, typically within 6 months, before pursuing a lawsuit. These claims require prompt investigation and documentation of the dangerous condition, making early legal consultation crucial.

Common Challenges In Suing Uber Or Lyft

While rideshare services provide insurance coverage, getting fair compensation can be challenging. Here are some of the biggest challenges accident victims encounter when trying to hold rideshare companies accountable:

Insurance Company Tactics

Insurance companies often prioritize their financial interests over fair compensation for victims. When pursuing a rideshare accident claim, be prepared to encounter these common insurance tactics:

• They may extend quick, low settlement offers before you understand the full extent of your injuries or have consulted an attorney, often accompanied by pressure to sign a release waiving all future claims.
• They may devalue your injuries by questioning medical treatments, suggesting your pain is exaggerated, or claiming pre-existing conditions are responsible for your symptoms.
• They may try to shift blame by implying you contributed to the accident or your injuries, which could reduce your compensation under California’s comparative negligence laws.
• Strategic delays can exhaust your financial resources or test your patience. Examples are excessive paperwork requests or slow communication.

To protect your rights, document all communications with insurance companies, avoid recorded statements without legal counsel, don’t sign documents without attorney review, follow recommended medical treatment, and be cautious about social media posts that could impact your claim. Most importantly, consult a rideshare accident attorney before accepting any settlement offer.

Evidence Collection

Building a strong case against Uber or Lyft requires specific evidence that can be difficult to obtain without legal tools. To establish corporate negligence, you’ll need documentation such as:

• Driver screening and background check procedures.
• Records of previous complaints against the specific driver.
• Company policies regarding driver monitoring and discipline.
• Internal safety protocols and their implementation.
• App data showing the driver’s activity patterns, speed, and location.
• Communication between the driver and the rideshare company.

Rideshare companies rarely provide these records voluntarily, as they vigorously protect their internal documents. Your attorney will likely need to use formal legal discovery processes, including:

• Subpoenas for records and electronically stored information.
• Depositions of company representatives and safety officers.
• Interrogatories (written questions that must be answered under oath).
• Requests for the production of documents.
• Expert witness testimony about industry standards.

Timing is important for preserving evidence. Rideshare companies may delete important data after a certain time, so it’s vital to take legal action quickly to protect your rights to that evidence.

How A Rideshare Accident Lawyer Can Help With Your Lawsuit

Taking legal action against a rideshare service can be challenging. You’re up against a massive corporation with deep pockets and a team of lawyers working to protect its interests. You might wonder, “Do I need a personal injury lawyer to handle my case?”

A Lyft or Uber accident lawyer helps level the playing field. Whether through tough negotiations or taking your case to court, an experienced attorney ensures you stand a fair chance against Lyft and its insurers. Here are some ways they can help:

Legal Expertise

Rideshare accident cases sit at the complex intersection of personal injury law, transportation regulations, insurance coverage disputes, and evolving technology law. A rideshare accident lawyer brings critical expertise, including:

• Detailed knowledge of the Transportation Network Company (TNC) regulations in California, including specific insurance requirements under the California Public Utilities Commission rules.
• Understanding of the evolving legal landscape surrounding driver classification and company liability.
• Experience interpreting the multi-layered insurance policies specific to rideshare operations.
• Familiarity with rideshare companies’ standard defense strategies and how to counter them effectively.
• Knowledge of how to properly value unique damages in rideshare accidents.

This specialized knowledge allows your attorney to identify all potential liability theories, anticipate defense arguments, and structure your case to maximize recovery while avoiding common pitfalls that could undermine your claim.

Investigating And Gathering Evidence

Rideshare accident lawyers use advanced investigative strategies tailored to Uber and Lyft cases. They work quickly to preserve key digital evidence, gather app data, and review driver history to uncover any signs of negligence. Their goal is to build the strongest case possible by holding all responsible parties accountable.

Negotiating With Insurance Companies

Insurance companies often try to minimize payouts or deny valid claims, making negotiations difficult for accident victims. An Uber and Lyft accident lawyer knows how to cut through these tactics, handling all negotiations and communications to protect you from unfair settlements. By presenting compelling evidence, countering bad-faith tactics, and demanding what you truly deserve, your attorney ensures that your case doesn’t get brushed aside.

Frequently Asked Questions About Suing Lyft Or Uber After A Crash

Our rideshare accident lawyers answer common questions about suing Lyft or Uber after a crash. If you need personalized guidance or help with your case, fill out our contact form or call (888) 488-1391 for free accident lawyer advice. Let’s take the first step toward justice and fair compensation together.

How Much Do Rideshare Accident Lawyers Charge In California?

Most Lyft and Uber accident lawyers in California work on a contingency fee basis, meaning you pay no upfront legal fees. Instead, your attorney receives a percentage of your final settlement or court award. Here’s what you should know about lawyer fees:

• The standard contingency fee typically ranges from 33% to 40% of your recovery.
• Less complex cases that settle quickly may have lower percentages.
• Cases requiring extensive litigation or trial may have higher percentages.
• If your attorney doesn’t secure compensation for you, you generally owe no legal fees.

Your fee agreement details who pays for expenses like filing fees and expert witness costs. Some firms cover these upfront and deduct them from your settlement, while others have different terms. During your free consultation, your car accident lawyer will explain how fees and expenses work so that you can make an informed choice without financial risk.

How Long Do I Have To File An Uber Or Lyft Accident Case In California?

California’s standard statute of limitations for personal injury claims, including most rideshare accidents, is two years from the accident date. However, several important exceptions and considerations make early legal consultation crucial:

• Claims against government entities (for road defects, etc.) require filing an administrative claim within 6 months.
• Cases involving minors may have extended deadlines, as the statute gets suspended until they reach the age of 18. However, a parent or legal guardian can file a claim on the minor’s behalf before that time.
• Cases where injuries weren’t immediately discoverable might qualify for the “discovery rule,” which starts the clock when you reasonably should have discovered the injury.

Beyond these formal deadlines, other time-sensitive factors make prompt legal action essential in rideshare cases:

• Digital evidence from the rideshare app may get automatically deleted after specific periods.
• Witness memories fade quickly, making early statements more reliable.
• Physical evidence from vehicles and accident scenes disappears rapidly.
• Insurance notification requirements often have much shorter timeframes than the legal statute of limitations.

To protect your rights fully, consulting with a Lyft and Uber accident lawyer as soon as you’re medically able is strongly recommended — ideally within days or weeks of the accident rather than months or years.

What Are The Damages I Can Recover From A Personal Injury Lawsuit Against Uber Or Lyft?

If you sustained injuries in a rideshare accident, you may be entitled to compensation for both financial and personal losses. A skilled Uber or Lyft accident attorney can help you recover damages such as:

• Medical expenses, lost income, and future earning capacity.
• Property damage and transportation or home modification costs.
• Pain and suffering, emotional distress, and reduced quality of life.
• Permanent disability, disfigurement, and loss of companionship.

In serious cases, punitive damages may be awarded to punish reckless or intentional misconduct by the driver or rideshare company.

California doesn’t cap personal injury compensation, so your attorney will work to secure the full amount you’re owed based on medical records, expert input, and the accident’s overall impact on your life.

Safety Tips For Rideshare Passengers

Before concluding our comprehensive guide on rideshare accident liability, let’s address an important question: How can you protect yourself while using Uber or Lyft?

Before Your Ride

• Verify Driver Information — Before entering the vehicle, always check that the license plate, car model, and driver photo match the information in your app.
• Wait For Your Ride Indoors — Minimize time standing on streets with your phone visible, which can make you a target for theft or assault.
• Choose Pickup Locations Carefully — Select well-lit, public places rather than secluded areas.
• Share Your Trip Details — Use the in-app “share trip” feature to let friends or family track your journey in real time.

During Your Ride

• Sit In The Back Seat — This provides more personal space and quicker exit options if needed.
• Wear Your Seatbelt — Despite being in the back seat, always buckle up in the rear seat. Passengers without seatbelts are 3 times more likely to suffer fatal injuries.
• Monitor Your Route — Keep an eye on the app’s navigation to ensure your driver is following the expected path.
• Avoid Sharing Personal Information — Be cautious about sharing details about where you live alone, when your home will be empty, or your travel plans.

After An Accident Occurs

If you were involved in a rideshare accident and are now looking for legal help, it’s still possible to take important steps to strengthen your case:

• Get A Medical Evaluation — If you haven’t already, visit a doctor to document any ongoing or delayed symptoms. This creates a medical record linking your injuries to the accident.
• Gather Available Evidence — Even after the accident, you can collect important information. Check your phone for photos or messages, screenshot ride details from the app, request medical records, and get a copy of the police report. If you spoke with witnesses, reconnect or have your attorney help.
• Report The Accident — If you haven’t done so already, use the Uber or Lyft app to report the incident. This creates an official record within the rideshare company’s system.
• Avoid Speaking With Insurers Alone — Don’t provide detailed statements or accept settlement offers from insurance companies without legal guidance. What you say can affect your case.
• Consult A Rideshare Accident Attorney — A skilled attorney can gather missing evidence, preserve your rights, and help you pursue the compensation you deserve.

Explore Your Legal Options With Help From Arash Law

Rideshare accident claims require specialized legal knowledge and substantial resources to challenge major corporations like Uber and Lyft. At Arash Law, our experienced rideshare accident attorneys provide comprehensive representation that addresses the unique challenges these cases present:

Proven Results In Rideshare Claims

Led by Arash Khorsandi, Esq., our legal team has established a remarkable track record of success in transportation accident cases, helping secure over $750 million in settlements and verdicts for injury victims throughout California. Our experience includes:

• Successfully negotiating with Uber and Lyft’s insurance providers to secure fair compensation.
• Taking rideshare companies to court when they refuse reasonable settlements.
• Setting precedents that help all rideshare accident victims receive fair treatment.

Client-Centered Approach

We understand that recovering from a rideshare accident involves more than just legal challenges:

• Our attorneys can meet you at your home, hospital, or location of your choice to discuss your case.
• We help coordinate specialized medical care with top healthcare providers who understand how to document injuries for legal claims.
• We provide complimentary transportation for clients with transportation difficulties to medical appointments and legal meetings.
• Our multilingual staff ensures clear communication regardless of your primary language.
• We offer 24/7 communication channels so you can reach your legal team whenever questions arise.

No Financial Risk

We believe every rideshare accident victim deserves quality legal representation regardless of their financial situation:

• Free, no-obligation case evaluations to discuss your accident and legal options.
• Contingency fee representation means you pay nothing unless we win your case.
• We advance all case costs, from investigation expenses to expert witness fees.
• No hidden fees or surprise charges — our fee structure is transparent and explained upfront.

When you’re facing the aftermath of an Uber or Lyft accident, having California’s premier rideshare accident legal team in your corner can make all the difference in your recovery and compensation.

Call us at (888) 488-1391 or complete our “Do I have a case?” form. When you work with Arash Law, you’re not just getting expert legal representation; you’re getting a powerhouse team that won’t back down until you get the justice you deserve.