What Happens if an Uber or Lyft Driver Was Not on an Active Ride When the Crash Happened?

Uber and Lyft both provide up to $1 million in liability coverage when a rideshare driver causes an accident and is transporting a passenger, or on their way to pick up a passenger. However, rideshare drivers can cause accidents when they are not on an active ride, as well. They may be driving around while waiting for a ride request, or they may not even be logged onto the app and driving for their own personal purposes.

If a rideshare driver is not on an active ride when they cause an accident, and you become hurt as a result, the situation changes the claim entirely if you wish to pursue compensation. Still, it is important to remember that you have legal options. Below, our Oklahoma Uber and Lyft accident lawyer explains what these are.

Uber and Lyft’s contingent liability coverage

Uber and Lyft’s contingent liability coverage is available to accident victims in some cases. It is called ‘contingent’ because it may apply when the rideshare driver is logged into the app and waiting for a ride request but has not yet accepted one (depending on the insurance coverage available).

This coverage is meant to protect third parties, such as other drivers and pedestrians, when a rideshare driver causes an accident. It may come into effect if the rideshare driver is logged into the app, causes a crash, and their personal auto insurance denies the claim, or there is not enough coverage to cover all losses. The contingent coverage limits available through this policy are as follows:

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

If a rideshare driver is not logged into the app at the time of a crash, neither Uber nor Lyft will provide any type of coverage, and only the driver’s personal auto insurance policy will apply.

How does insurance work when a rideshare driver is off-duty?

Both Lyft and Uber tie their insurance coverage directly to the driver’s status within the application at the time of an accident. When the rideshare driver is not logged into the app, the rideshare company’s insurance typically does not apply at all. Instead, the accident is treated like any other crash between private motorists, and the rideshare driver’s personal auto insurance policy is the only one in question if they were the only one at fault for the accident.

In contrast, when a rideshare driver is logged into the app and waiting for a ride request, the limits of the rideshare company outlined above will apply. This is an important difference and explains why the insurance companies will place such a heavy focus on the driver’s status within the application in the early stages of a claim.

Potential issues with off-duty claims

After the driver’s status has become clearer, it is usually easier to clarify the path of the claim for damages, as well. Due to the fact that off-duty accidents rely on the rideshare driver’s personal auto insurance policy, the limits are typically lower than the limits Uber and Lyft’s insurance provides. Personal auto insurance policies sometimes include conditions or exclusions that insurance companies may point to when trying to limit or reduce payment.

For this reason, evidence is particularly important, and it is recommended to collect it early in the process. GPS data, activity logs for the app, time stamps, and phone records can all confirm whether a rideshare driver was actually off-duty at the time of the accident. Without this evidence, insurance companies may try to shift blame back and forth while your expenses continue to add up. Acting quickly, and with an Oklahoma Uber and Lyft accident lawyer can help preserve documentation that may otherwise be lost or overwritten.

Determining liability after an accident with a rideshare driver

Whether a rideshare driver was waiting for a ride request or off-duty entirely, the basic rules of fault remain the same. Inactive rideshare drivers still have a basic duty to operate their vehicle in a safe manner. Distractions, speeding, impairment, and failure to follow traffic laws are a few examples of negligence that can determine liability.

Building a strong case involves several steps. Investigators may analyze the accident scene, including skid marks, damage to vehicles, road conditions, and more. The police report filed after the crash is also a strong starting point, and statements from eyewitnesses can also fill in important gaps. Sometimes, particularly when fault is disputed, accident reconstruction experts can use photos and computer technology to determine how the crash occurred.

It is important to note that the insurance company and the other driver may also try to shift the blame to you, even when it is not true. Oklahoma follows a modified comparative negligence rule, which allows injured individuals to recover damages only if they are found to be 50 percent or less at fault. Injured individuals who are 51 percent or more at fault are barred from receiving any compensation at all.

If the insurer or other driver is successful in arguing that you contributed in any way to the crash, it can significantly reduce the damages available. Even if you are not found to be 51 percent or more at fault, the damages obtained will be reduced by your same percentage of fault.

How a lawyer can help after a rideshare accident

Whether you were hurt while a rideshare driver was waiting for a ride request or off duty, it is important to work with an attorney. Our attorneys can provide the advice you need and complete the following tasks while you focus on your recovery:

• Review the timelines and facts of the case, as well as all available insurance policies
• Work with investigators and other professionals to prove liability
• Accurately value your claim so you can pursue full damages
• Negotiate with the insurance company on your behalf
• Refute claims that you were wholly or partly at fault for the crash
• Represent you during litigation, if necessary

Our Uber and Lyft accident lawyers in Oklahoma can help after injury

Any car accident claim has the potential to become complex, but this is particularly true when a rideshare driver was involved in a crash. At Cunningham & Mears, our Oklahoma Uber and Lyft accident lawyers can answer your questions and guide you through the process to make it as easy as possible for you. Call us now or contact us online to schedule a consultation and to learn more about how we can help.