Are Uber and Lyft Liable for the Accidents of their Drivers?

By February 12, 2018Car Wreck

Uber Lyft Accident Liability TexasIn the past couple of years, rideshare companies like Lyft and Uber have risen to prominence, grabbing a sizable market share from traditional taxi cab and town car companies. With more and more of these companies offering rides from their part-time drivers, we are also seeing accidents involving the drivers for these companies. These accidents can sometimes have confusing liability issues that accompany them. It is important to know how to proceed and what you are entitled to if you are involved in an accident with a rideshare driver, as a passenger or another driver.

Can You Sue the Rideshare company? Who is Liable in a Lyft or Uber Accident?

As with most legal questions, the answer is, it depends. Liability for an Uber or Lyft accident will depend upon whether the driver is logged on to his rideshare company’s app, and if so, whether the driver is waiting for a ride request or actively giving a ride. The Texas Insurance Code Chapter 1954 requires rideshare drivers to carry specific insurance policies that provide coverage regardless of their activity, so you will need to ascertain a few facts before you determine your course of action.

Was the Driver Logged on to the Rideshare App?

If the driver was NOT logged onto the ridesharing app, then the driver’s personal insurance will be responsible for covering the driver in the event of an accident. There generally will not be any ramifications for the rideshare company, and no real reason to pursue any claims against them. Of course, we would need many more facts to determine the exact course of action. If the driver is logged on to the rideshare app, you will need to determine whether they are in-between rides, or actively participating in a ride.

Was the Driver in-between Rides When the Accident Happened?

This is the largest gray area in the new insurance law. While coverage is required, there is no requirement regarding who must cover the driver. Many insurance companies exclude coverage on drivers using their personal vehicles for ridesharing purposes, and rideshare companies are hesitant to provide the additional coverage since they are not required to by law. Ridesharedashboard.com lays out the coverage options in Texas, pointing out that currently, only GEICO and Farmer’s offer coverage to both Uber and Lyft drivers, while MetLife will cover Lyft drivers only, and Allstate is currently working on their rideshare policy.

Nonetheless, the Texas Insurance Code Sec. 1954.052 requires rideshare drivers to be covered by a 50/100/25 policy. This means that they must be covered up to $50,000 for bodily injury or death of each person in an incident, $100,000 for bodily injury or death of a person per incident, and $25,000 for damage or destruction of property of others. This is a higher level of coverage than the standard 30/60/25 policy required for Texas drivers. This should not be an issue as drivers are required to notify their insurance provider if they are driving for a rideshare company. However, it will be very important to determine who is covering the driver in the event of an accident. Fortunately, there is a safeguard in Sec. 1954.054 that requires the rideshare company to cover claims in the event the driver’s policy has lapsed or does not cover the claim. If you find yourself in this situation, please get as much information from the driver as possible and contact an attorney immediately.

For driver’s logged onto the rideshare app but currently in-between rides:

  • Uber Provides: 50/100/25 coverage for its drivers and can supplement the personal policy
  • Lyft Provides: 50/100/25 coverage in the event a driver’s personal policy does not cover this much.

Was the Lyft or Uber Driver Engaged in a Ride?

The term “engaged in a ride” can mean two things: either the driver was on his way to pick up a passenger, or the driver currently had a passenger in the car. If the driver involved in the accident was currently engaged in a ride, that driver MUST be covered by a $1 million coverage policy according to Texas law. Recent legislative action in many states has pushed for this coverage, influencing these companies to adopt these insurance policies. Should you be involved in an accident with an engaged rideshare driver, whether as passenger or third party, this insurance should provide coverage for damages caused by the driver.

For drivers “engaged in a ride:”

  • Uber Provides:
    • $1 million coverage for damages caused by driver
    • $1 million coverage for damage done by an under/uninsured motorist
    • Supplemental coverage for collision and comprehensive personal policies
    • These will cover the rider if a rider is in the car with the Uber driver
  • Lyft Provides:
    • Lyft will take over as primary provider
    • $1 million coverage for damages caused by driver
    • $1 million coverage for damage done by an under/uninsured motorist
    • Supplemental coverage for collision and comprehensive personal policies

What Should You Do if You are Involved in an Accident with a Rideshare Driver?

  1. Get to a safe place and call 911. Safety and health are the first priority.
  2. Take pictures of the accident and surroundings.
  3. Get the names, phone numbers, addresses of everyone involved and any witnesses.
  4. Get the name of the rideshare driver, determine whether they were logged on to the rideshare app, whether he/she was engaged in a ride, and get a picture of the insurance policy
    • Under Sec. 1954.056b, the drivers are required to provide this information in the case of an accident
    • If you are the passenger of a rideshare when the accident occurs, screenshot the app on your phone
  5. Call your attorney.

 

To review companies’ insurance policies, click on their Logo below:

Uber Accident Coverage TexasLyft Driver Liability in Texas