One moment, you are heading to work, the airport, or dinner with friends. The next, you are trying to figure out why three different insurance companies are involved in one accident claim. Rideshare accident liability creates legal and financial questions that do not usually exist in a typical car crash. If you were injured in a Washington rideshare accident, knowing who may be liable is critical when pursuing compensation for medical expenses, lost income, and other damages.

Why Rideshare Accident Claims Are More Complicated

Seeking recovery after a rideshare accident can be more complicated than other accident types. If a private person is driving for themselves, their own insurance provides the coverage. If the driver is an employee, then the business is responsible for the employee’s actions. However, rideshare drivers are considered independent contractors. They are not employees or private drivers.

Potential liability can quickly shift based on whether the driver was logged into the app, waiting to pick up a passenger, or actively driving a passenger. With these changing situations, several potential insurance companies could be required to provide coverage.

Who May Be Liable in a Washington Rideshare Accident?

One of the most complicated questions to answer after a rideshare accident is who was at fault. In some cases, multiple drivers or entities may share liability depending on the circumstances surrounding the accident.

The Rideshare Driver

The most obvious potential at fault parties are the rideshare driver. They are the individual responsible for operating a vehicle involved in the accident. If their negligence contributed to the accident, they could be held personally liable. There are common reasons for the rideshare driver’s liability:

• Distracted driving
• Speeding
• Fatigued driving
• Failure to obey traffic laws

Uber or Lyft

Uber and Lyft provide different levels of insurance coverage depending on what the driver was doing in the app at the time of the accident. If the driver was not logged into the rideshare app, their personal auto insurance policy generally applies. Once the driver logs into the app and begins waiting for a ride request, rideshare coverage may become available.

After a ride is accepted or a passenger is inside the vehicle, Uber and Lyft typically provide liability coverage. In some situations, the rideshare company itself may also face additional claims, particularly if there are allegations involving negligent driver screening, failure to remove dangerous drivers, or inadequate passenger safety measures.

Another Negligent Driver

It is common for a rideshare accident to be caused by another driver. An injured rideshare passenger would seek compensation from the third-party driver’s insurance. However, depending on the circumstances, they may also be able to seek compensation from the rideshare company’s uninsured/underinsured motorist coverage.

Other Potentially Liable Parties

Depending on the circumstances of the accident, there may be liable parties who were directly involved in the accident. A vehicle manufacturer could be liable if a defective automotive part caused the accident. Similarly, a government entity could be liable if it failed to maintain the roads, and that created dangerous conditions that caused the accident. If a commercial vehicle was involved in the accident, this potentially complicates the accident further. That business may be held liable for the employee’s negligence.

How Insurance Coverage Works

Rideshare company insurance coverage is generally divided into three different periods based on the driver’s activity in the app. If the driver is not logged into Uber or Lyft, their personal auto insurance policy is usually responsible for the accident. When the app is on and the driver is waiting for a ride request, rideshare coverage may become available, although claims during this period are sometimes disputed by insurers.

Once a ride request is accepted or a passenger is inside the vehicle, larger commercial insurance policies through Uber or Lyft typically apply. These policies may provide substantial liability coverage along with uninsured and underinsured motorist protections that can help cover injuries caused by uninsured drivers.

What Compensation May Be Available?

Injured rideshare passengers have several types of damages available to them after an auto accident. Economic damages are those that are calculable, such as lost wages, medical expenses, and property damages. Non-economic damages are also available, but can be harder to calculate. These include pain and suffering or emotional distress.

Seek Legal Guidance from Our Personal Injury Attorneys

Between overlapping insurance policies, disputes over app status, and multiple potentially liable parties, determining rideshare accident liability in Washington is rarely straightforward. Having the right legal guidance can make a significant difference when you are trying to recover compensation for medical bills, lost income, and other damages after a crash.

Robinson & Kole represents injured people across Washington and provides the guidance and advocacy needed during difficult situations like these. Contact Robinson & Kole today to schedule a consultation and learn more about your next steps.