When a rideshare vehicle strikes a pedestrian or a cyclist, the path to financial recovery isn't always clear. Unlike a typical car accident claim, rideshare companies like Uber and Lyft have specific insurance structures that might apply.
If an Uber or Lyft driver hit you while you were walking or biking, a rideshare accident lawyer can untangle the web of insurance policies and get you the answers you need.
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Who Pays When a Rideshare Driver Hits You While Walking or Cycling?
Determining who is responsible for your damages hinges on the driver's status in the Uber or Lyft app. Insurance coverage changes based on whether the driver was offline, waiting for a ride, or actively transporting a passenger. Each scenario points to a different insurance policy.
A driver’s personal car insurance usually rejects claims that happen while they’re working for a rideshare company. Uber and Lyft provide insurance for their drivers, but the level of coverage fluctuates.
This is why identifying the driver's exact status at the time of the collision is a key part of your claim. A personal injury lawyer investigates your crash to see which policy applies.
Rideshare Insurance Policies
Uber and Lyft provide substantial insurance coverage for accidents caused by their drivers. These policies protect pedestrians and cyclists (among other people) who are hurt in a collision.
The amount of coverage available depends on the driver’s activity within the app:
- App Is Off: The driver's personal auto insurance policy is the primary source of coverage because they’re not considered to be working for the rideshare company.
- App On, Waiting for a Ride: A lower amount of rideshare insurance coverage applies when the driver is logged into the app and waiting to accept a ride.
- Active Ride or Pickup: The rideshare company's full $1 million liability policy is active when a driver is on the way to pick up a passenger or is transporting one.
Potential Compensation After Being Hit by an Uber or Lyft
Compensation in a personal injury claim is separated into two main categories. One covers your direct financial losses. The other addresses the non-financial impact the accident has on your life.
Economic Damages: Covering Your Financial Losses
Economic damages pay you back for the actual expenses caused by your injuries. These are the tangible costs that you're facing because of the accident. You'll need records and receipts to prove these losses.
These damages include reimbursement for a variety of costs you face during your recovery, including:
- Medical Treatment: This includes all costs for your hospital stay, surgeries, physical therapy, medications, and any future medical care you need.
- Lost Income: This covers the wages you lost due to your inability to work and any reduction in your future earning capacity.
- Property Damage: This pays for the repair or replacement of your bicycle, helmet, phone, or any other personal items damaged in the accident.
Non-Economic Damages: The Human Cost
Non-economic damages compensate you for how the accident affected your quality of life. These losses aren’t tied to a specific bill but are still a real part of your experience. They address the human cost of the collision.
You can seek compensation for the physical pain and emotional distress you’ve gone through, including payment for loss of enjoyment of life if your injuries prevent you from participating in hobbies and activities you once loved. An attorney helps assign a value to these personal losses.
6 Steps To Take After Being Hit By a Rideshare While Walking or Cycling
What you do after the accident sets the foundation for your injury claim. Taking the right steps protects your health and your legal rights to compensation after being hit by a rideshare driver.
Follow these steps to build a strong foundation for your case:
- Get the Police Report: If police responded to the scene, they created an accident report. This document contains vital details about the incident. Contact the police department that responded to get a copy of the official report for your records.
- Report the Accident to Uber or Lyft: If you haven't already, report the incident directly to the rideshare company. You can do this through their app or website. This step officially notifies them of the accident and begins their claim process.
- Organize All Information: Gather the details you collected at the scene. Write down everything you remember about the driver, their vehicle, and what happened. If you have names and contact information for any witnesses, keep them with your notes.
- Document Your Injuries and Damages: Use your phone to take clear pictures of your physical injuries now and as they heal. Also, take photos of your damaged bicycle, helmet, clothing, or any other broken or damaged property in the crash.
- Create a File for Costs: Start a dedicated folder for all your paperwork. Keep every medical bill, prescription receipt, and pay stub showing lost wages. These documents prove your financial losses.
- Contact a Personal Injury Lawyer: Rideshare accident claims are complex. An attorney who handles these specific cases helps you navigate the process. They protect you from the insurance companies and fight for a fair outcome.
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Common Mistakes That Weaken Your Claim
Certain actions after an accident might reduce the value of your claim or prevent you from getting any payment. Knowing what to avoid is just as vital as knowing what to do.
Insurance companies look for any reason to deny or lower the value of your claim. Your behavior after the crash is under scrutiny. Protect your case by avoiding these common missteps.
Talking to the Insurance Adjuster
Soon after the accident, an insurance adjuster from the rideshare company or the driver's personal insurer will likely contact you. They may ask you to provide a recorded statement about what happened.
You’re not obligated to give one; it’s not in your best interest to do so without legal counsel. Adjusters are trained to ask questions that might get you to say something that harms your case.
They could use your own words against you later to argue that you were at fault or that your injuries are not severe. Let your lawyer handle all communications with insurance companies.
Posting on Social Media
Insurance companies often investigate the social media profiles of claimants. A photo of you at a social event or a simple post about your day might be taken out of context. They can use this information to argue that your injuries aren't as serious as you claim.
Refrain from posting anything about the accident, injuries, or daily activities on social media, and ask your friends and family to avoid posting about you as well. The safest approach is to stay off social media completely until your case ends.
Waiting Too Long To Act
Every state has a time limit, called a statute of limitations, for filing a personal injury lawsuit. If you miss this deadline, you lose your right to seek compensation in court forever. The clock starts ticking on the date of the accident.
Acting quickly allows your lawyer enough time to gather evidence while it's still fresh. Witnesses' memories fade, and physical evidence disappears. Don't delay in seeking legal advice about your accident.
How a Lawyer Helps With Your Rideshare Accident Claim
A personal injury lawyer manages every aspect of your case so you can focus on getting better. They level the playing field between you and the large corporations you're up against.
Investigating the Accident
Your lawyer conducts a thorough investigation to build a strong foundation for your claim. They gather all the necessary evidence to prove the rideshare driver was at fault. This includes obtaining the police report, interviewing witnesses, and collecting your medical records.
Attorneys also secure crucial electronic evidence from the rideshare company. This data shows whether the driver's app was on and their status during the crash. This information is key to unlocking the correct insurance coverage for your injuries.
Dealing With Insurance Companies
Lawyers take over all communication with the insurance adjusters. You won't have to worry about saying the wrong thing or being pressured into a lowball settlement offer. Your attorney handles the phone calls, emails, and negotiations on your behalf.
An attorney knows insurance companies' tactics to minimize payouts and can counter these tactics, negotiating aggressively for the full compensation you need. They make sure the insurer treats your claim fairly.
Identifying All Sources of Compensation
An attorney finds all potential sources of compensation for your injuries. Depending on the specifics of your accident, several insurance policies might apply. Your lawyer sorts through the complex layers of coverage.
Possible sources for compensation that your lawyer investigates include:
- Rideshare Company Insurance: Your lawyer determines which of Uber or Lyft’s policies applies to your accident based on the driver's status.
- Driver’s Personal Insurance: In some cases, the driver’s own auto policy may provide some coverage, especially if they were not logged into the app.
- Your Own Insurance: Your own auto or health insurance might offer benefits that apply to your situation, even if you weren’t driving.
Calculating Your Total Damages
Determining the true value of your claim is a complex process. A lawyer works with you and sometimes with economic and medical professionals to calculate the full extent of your damages.
They calculate the cost of ongoing medical treatments, future lost income, and the value of your pain and suffering. A lawyer prevents you from accepting a settlement that is far less than what you need.
Filing a Lawsuit if Necessary
Most personal injury claims settle out of court. However, your lawyer will be ready to file a lawsuit if the insurance company refuses a fair offer. They’ll represent you in court and fight for a favorable verdict.
Having a lawyer prepared to go to trial often motivates the insurance company to offer a better settlement because they know you’re serious about your claim. Your attorney handles all legal filings, court appearances, and trial preparations.
FAQ for Compensation if You Were Hit by an Uber or Lyft Driver While Walking or Biking
What’s the First Thing I Should Do After Being Hit by a Rideshare Vehicle While Walking or Cycling?
If you’ve already sought medical attention, your priority is officially documenting the incident. If police responded to the accident, obtain a copy of the official report. You must also formally report the accident to Uber or Lyft through their app or website to ensure the event is on record with them.
Does It Matter if the Uber or Lyft Driver's App Was On?
Yes, the status of the driver's app is one of the most significant factors in your claim. If the app was on, Uber or Lyft's insurance provides coverage. The amount of coverage changes depending on whether the driver was waiting for a ride, en route to a passenger, or transporting a passenger.
If the app was off during the collision, the driver’s personal policy applies.
Can I Get Compensation if I Was Hit by an Uber or Lyft Driver While Walking or Biking, Even if It Was Partially My Fault?
You might still get compensation even if you were partially at fault. States follow different rules for shared fault. In many places, your compensation is simply reduced by your percentage of fault, so you don't lose your right to recover damages entirely.
Do I Sue the Driver or the Rideshare Company?
You may have a claim against both the driver and the rideshare company. The driver is responsible for their negligent actions. The rideshare company may also be liable, and its large insurance policy is often the primary source of compensation.
A personal injury lawyer helps you identify all the correct parties to include in your claim.
What if the Driver Didn't Have a Passenger at the Time?
If the driver hit you while they were logged into the app and waiting for a ride request, Uber or Lyft's contingent liability coverage applies. This coverage is lower than the $1 million policy that’s active during a ride, but it still offers significant compensation for your injuries.
If the driver's app was completely off, their personal auto insurance is the primary policy.
Seek Compensation Today
An accident with a rideshare vehicle, your next step is securing your future and getting the resources you need. At the Oakes Firm, we help pedestrians and cyclists in Philadelphia, Miami, and Boston stand up to large corporations and their insurance companies. We’re here to manage the fight for you.
Call us at (267) 310-0656 for a free consultation. Let's talk about what happened and how we can help you move forward.