Accidents involving Uber or Lyft drivers can be complicated due to the unique insurance policies and liability structures of rideshare companies. The type of policy and amount of the policy will dramatically vary depending on whether the  driver was waiting for a fare, en route to the passenger, transporting a  passenger, and whether the accident was the ride share driver’s fault. Whether you are a driver, passenger, pedestrian, or the driver of another vehicle, it’s  crucial to understand how to navigate these situations. 

For Drivers Involved in an Uber or Lyft Accident  

Accidents involving drivers for Transportation Network Companies (TNCs), like Uber and Lyft, require an understanding of specific insurance coverages under Washington State law (RCW 46.72B). Drivers must know which insurance applies depending on their status at the time of the accident.  

Additionally, there may be deductibles and coverage limits based on fault. Furthermore, Uber or Lyft may deny coverage if the ride did not comply with their terms of service and coverage. 

Terms of Coverage for commercial transportation services – RCW  46.72B.180

Driver Waiting for a Fare  

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

En Route to a Fare or Passenger Is In The Vehicle  

• $1,000,000 Third-party Liability Coverage. 
• $1,000,000 Uninsured/Underinsured Motorist Coverage. 
• Conditional Comprehensive and Collision coverage 

The App Must Be Active  

For passengers or pedestrians to be covered under a Transportation Network Companies’ (TNCs) commercial insurance policy, certain conditions must be met for the coverage to apply. The rideshare driver’s app must be active at the time of the accident; if the app is off, only the driver’s personal insurance applies.  

If the accident is due to the ride share driver’s negligence but he failed to update the app indicating a passenger is on board, there could be an issue with coverage. In such cases, the passenger may lose coverage under the TNC’s policy. 

Additionally, if the driver does not have a personal policy and the commercial policy does not apply due to an inactive app, the passenger could be left without coverage for their injuries. Ensuring the driver is properly insured and  compliant with TNC requirements is crucial for protecting passengers in an accident. 

For Ride Share Passengers Involved in an Uber or Lyft Accident  

As a passenger in a rideshare accident, the source of compensation to cover your injuries depends on who is at fault. This can be tricky if there is comparative negligence such that both drivers bear some responsibility for the accident.  

If your driver is at fault, you can file a claim against the Uber or Lyft $1,000,000 insurance coverage, which applies if the driver was using the app. If the driver wasn’t using the app, you may need to pursue a claim against the driver’s personal auto insurance. 

If another driver is at fault, you will likely file a claim against the at-fault driver’s insurance. If they are uninsured or underinsured, the TNC $1,000,000 uninsured/underinsured coverage may apply. 

For Drivers of Other Vehicles Hit By A Ride Share Driver  

If an Uber driver crashes into your car, the applicable insurance depends on whether they were “on the clock.” If the driver was waiting for a fare, the coverage will likely include up to $50,000 per person for bodily injury, $100,000 per accident, and $25,000 for property damage.  

If the driver was en route or transporting a passenger, the TNC coverage of $1,000,000 in third-party liability coverage should apply. Again, this will depend on the specifics of the accident and whether the driver was using the app at the time of the accident. 

For Pedestrians Involved in an Uber or Lyft Accident  

Pedestrians struck by a rideshare driver can file a claim against the commercial  policy depending on whether the driver was “on the clock.” The amount of coverage and whether it is a personal policy or the TNC coverage will depend on the facts. 

The attorney will need to confirm whether the driver was actively working as a rideshare driver, had activated the app, was waiting for a fare, en route to transport a passenger or had picked up a passenger. The policies at play will also depend on fault, timing, and whether all conditions of the commercial policy were adhered to.