When Rideshare Drivers Get Injured: Navigating Coverage Challenges

All drivers face risks when they enter their vehicles, but rideshare drivers have unique challenges that make their jobs even riskier. If an accident were to occur, rideshare drivers could find the claims process overwhelming.

Unlike a typical car crash, where driver A is at fault, and driver B files a claim for damages with driver A’s insurance carrier, there’s often a larger room for dispute about whose insurance company should pay. Additionally, multiple insurers may be involved. Understanding Oklahoma insurance coverage laws can help injured drivers get the medical care they need.

Insurance requirements for personal policies

All drivers in Oklahoma, including rideshare drivers, are required to carry minimum personal auto insurance. Drivers must carry:

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

This coverage generally applies to personal driving, and most personal policies exclude commercial activity. Just because coverage is required, however, doesn’t mean that everyone abides by the law. For that reason, many people choose to carry uninsured or under-insured motorist coverage.

There are specific times when a rideshare driver’s personal policy may provide coverage in the case of an accident, but many times, the personal policy will not provide coverage. If, for instance, a rideshare driver is logged into the app and carrying passengers, a personal policy may not cover an accident, leaving the rideshare company’s insurance as the primary source of liability protection.

Insurance requirements for rideshare companies

Oklahoma law also requires rideshare companies to provide liability coverage when drivers are connected to their platform. “Connected to their platform” is important verbiage because drivers use their personal vehicles for their daily lives in addition to their rideshare duties. The rideshare company’s insurance coverage depends on the driver’s status at the time of the accident.

Rideshare companies carry two types of policies, contingent liability and comprehensive.

Contingent liability coverage

Contingent liability policies provide coverage for a rideshare operator who is logged on to the rideshare app but has not yet accepted a ride request. If an accident occurs during this time frame, the rideshare company provides contingent liability coverage.

This coverage includes:

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

While this can fill gaps if personal insurance denies a claim, it may not be enough to cover serious injuries or extensive property damage.

Comprehensive coverage

When a driver accepts a ride and is en route to pick up their passenger, the rideshare company’s full commercial liability coverage becomes active. In Oklahoma, rideshare companies must provide up to $1 million in comprehensive coverage for bodily injury and property damage.

This insurance is primary, which means it is intended to pay first regardless of the driver’s personal policy. This policy protects passengers and other motorists. Some rideshare policies also include uninsured or underinsured motorist coverage, which can protect drivers and passengers if the at-fault party is underinsured.

Understanding coverage gaps

Disputes can arise during this phase over whether the driver was logged on and available, which may affect which policy applies. If an accident occurs during this time period, disputes can arise over whether the driver was truly logged on and available, which can lead insurers to contest coverage.

Timing and evidence

Timing and evidence are two important factors that determine which policy will pay in the event of an accident. Insurers look at driver trip logs, GPS data, and rideshare app timestamps to determine whether the driver was offline, waiting for a ride, en route to pick up a passenger, or actively transporting someone.

It’s important to remember that the insurance company is looking out for their best interest, not the driver’s, and may use this information to deny coverage.

Other drivers’ insurance policies

If other cars are involved in the accident, their insurance policies may also be involved. If another motorist caused the accident, their liability coverage may be the first source of compensation. Oklahoma follows modified comparative negligence. You may recover so long as your fault is not greater than 50%. However, your damages will be reduced by your percentage of fault.

Why claims are denied

Insurance companies know that rideshare drivers present a higher liability risk than others. They use their vehicles more frequently, which increases their risk of having an accident. If there is a coverage gap issue, an insurance company may deny the claim and direct the injured driver to file a claim with their personal insurance carrier, who may not want to provide coverage either.

An experienced personal injury attorney can help injured parties determine fault and uncover all parties involved in a claim. If there is a coverage gap issue, an attorney can help build a case to prove that a claim is valid. In cases where claims have been denied, an attorney can help with an appeal.

Protecting yourself

Working as a rideshare driver comes with its own unique set of risks, but there are steps you can take to protect yourself.

• First, contact your personal automobile insurer and let them know you are employed by a rideshare company. Some personal insurers will offer a rideshare endorsement to your personal policy, which can help with coverage gaps.

• Second, if you are injured, file a claim for your damages as soon as possible. In Oklahoma, you have two years from the date of your accident to file a personal injury lawsuit, although there are sometimes exceptions to this rule. File your claim as soon as possible so that you don’t delay recovery or forget important details of your accident.

An attorney can help

If you are a rideshare driver who has been injured in an accident, we can help. At Cunningham & Mears, our attorneys can help you through every step, from gathering evidence to negotiating with insurers. We take care of the claims process so you can focus on your recovery without worrying about how to pay for your medical bills and missed wages.

Contact us today for a free consultation and personalized guidance on your case. We have offices in central and northwest Oklahoma City to serve you.

Rideshare accidents can present insurance coverage challenges. Learn what you should know about gaps in coverage and how to handle them.