Hit by an Uninsured Rideshare Driver? Your Questions Answered About Filing a Claim

An accident with an Uber or Lyft creates many questions, and your concerns may multiply if you discover the rideshare driver was uninsured or underinsured. You usually have pathways to seek compensation, and a rideshare accident lawyer can help explain the insurance layers and your policy options.

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Rideshare Insurance Coverage

Rideshare companies like Uber and Lyft operate with specific insurance structures, which often depend on the driver’s activity at the time of an accident.

When a rideshare driver is working, their personal auto insurance policy likely doesn’t cover an accident. This is because personal policies usually exclude driving for commercial purposes.

Rideshare companies typically provide coverage that activates when the driver turns on the app and is available for ride requests. Limits often increase once the driver accepts a ride and is en route or already carrying a passenger.

In short, if a rideshare driver causes an accident while working, company policies apply. These policies often include liability coverage for injuries or damages to others. They also frequently include uninsured or underinsured motorist protection.

What Happens if the Rideshare Driver Is Uninsured?

You might face a situation where the rideshare driver responsible for an accident has no valid personal auto insurance. Sometimes, their personal insurance denies the claim because they were driving for a rideshare service.

Now, if the rideshare was involved in a wreck caused by someone else (a different motorist) who was uninsured, the company’s Uninsured Motorist (UM) coverage kicks in.

Additionally, your own auto insurance policy might offer a solution. If you have Uninsured Motorist (UM) coverage on your personal auto policy, it might also apply.

This is true even if you were a passenger in the rideshare vehicle. It could also apply if you were a driver or passenger in another vehicle hit by the uninsured rideshare driver.

What Happens When an Off-Duty Uninsured Rideshare Driver Injures Me?

If an off-duty rideshare driver injures you and they’re uninsured, the situation changes. Rideshare company insurance, like Uber’s or Lyft’s, generally doesn’t apply when drivers aren’t logged into the app. The driver’s personal auto insurance is the primary source in this case.

If the off-duty driver has no personal auto insurance, they’re simply an uninsured motorist. Your own Uninsured Motorist (UM) coverage on your auto policy becomes an important avenue for your potential claim if the off-duty, uninsured rideshare driver caused your injuries.

What Happens if the Rideshare Driver Is Underinsured?

Sometimes, a rideshare driver has auto insurance, but the policy limits are too low to cover all your damages. This means the driver is underinsured.

For instance, your medical bills and lost wages might exceed the at-fault driver’s insurance policy maximum. When this occurs, you may look to other sources for compensation.

Rideshare companies usually carry Underinsured Motorist (UIM) coverage if the driver was logged into the app. You may be able to file an underinsured rideshare driver claim through this company policy.

Your own auto insurance policy is another avenue to explore, especially if the rideshare driver wasn’t logged in. If you carry UIM coverage on your personal auto insurance, it may help pay for damages not covered by the driver’s policy.

The ability to pursue a claim if a rideshare driver was underinsured depends on the specifics of the accident, the applicable policies, and the extent of your damages.

Your Own Auto Insurance Policy’s Role

Your personal auto insurance policy often plays a significant part after an accident with an uninsured or underinsured rideshare driver. Several types of coverage on your own policy might provide benefits.

Uninsured/Underinsured Motorist (UM/UIM) Coverage

Most states require drivers to carry liability insurance, but many drivers unfortunately don’t abide. Uninsured/Underinsured Motorist (UM/UIM) coverage on your own auto policy protects you in these situations.

If an uninsured rideshare driver injures you, your UM coverage might pay for your medical bills, lost wages, and pain and suffering. If a rideshare driver is underinsured, meaning their liability limits are too low to cover your losses, your UIM coverage could bridge the gap, up to your policy limits.

This coverage applies whether you were a passenger in the rideshare, driving your own car, or even a pedestrian hit by an uninsured/underinsured rideshare driver.

Personal Injury Protection (PIP)

Personal Injury Protection (PIP) coverage is a component of auto insurance in states like Florida. PIP pays for a portion of your medical expenses and lost wages, regardless of who caused the accident.

If you’re injured in an incident involving a rideshare vehicle in Florida, your own PIP coverage is usually the first source of payment for your medical bills, up to your policy limit.

Even if you plan to file a claim because the rideshare driver was uninsured or underinsured, your PIP benefits provide initial financial support for medical care. You typically must seek initial medical treatment within a specific timeframe after the accident for PIP to apply.

MedPay Coverage (Medical Payments)

Medical Payments coverage, often called MedPay, is an optional auto insurance coverage in many states, including Washington. Like PIP, MedPay helps pay for your and your passengers’ medical expenses after an accident, regardless of fault.

It can cover doctor visits, hospital stays, and surgical procedures. If you have MedPay on your policy, it can supplement other coverages or pay for expenses not covered by PIP or health insurance.

MedPay provides another layer of financial protection if you’re injured by a rideshare driver with no insurance or too little coverage.

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The Investigation

A lawyer begins by conducting a comprehensive investigation into the accident, gathering all reports and official documentation related to the crash. They then identify and interview witnesses to obtain their accounts of what happened.

Lawyers also collect and preserve crucial evidence, such as photographs, videos from the scene, or surveillance footage if available, to build a clear picture of the events.

Identifying All Available Insurance Coverage

One of the most complex parts of these cases is pinpointing all potential sources of insurance. A lawyer meticulously reviews all relevant insurance policies.

They determine which policies apply and the order in which they might provide benefits. This is a key step if you plan to file a claim when a rideshare driver was uninsured or underinsured.

Managing Insurance Company Communications

Dealing with insurance adjusters can be difficult and time-consuming. A lawyer handles all communications and negotiations with the insurance companies involved. They present your claim effectively and ensure the adjusters have all the necessary information.

Your lawyer protects you from tactics adjusters might use to minimize or deny your claim.

Calculating Your Full Damages

A lawyer works to calculate the full extent of your damages. This includes not only current medical bills but also anticipated future medical care. They assess lost wages and any impact on your future earning capacity.

Attorneys also help value non-economic damages, like pain, suffering, and emotional distress, which are significant parts of your recovery.

Negotiating a Fair Settlement

Armed with a thorough investigation and a comprehensive valuation of your damages, a lawyer negotiates with the insurance companies to secure a fair settlement that adequately compensates you for all your losses.

Arguing in Court (if Necessary)

While many cases settle out of court, sometimes insurance companies refuse to offer a fair settlement. In such instances, your lawyer can file a lawsuit and represent you in court. They handle all aspects of litigation, from filing the initial complaint to presenting your case before a judge.

FAQ for Can I File a Claim if the Rideshare Driver Was Uninsured or Underinsured?

What Insurance Applies if an Uninsured Uber or Lyft Driver Hits Me?

Several insurance sources might apply if an uninsured Uber or Lyft driver hits you, depending on the driver’s status and who was at fault. The rideshare company (Uber or Lyft) usually carries Uninsured Motorist (UM) coverage that can cover your injuries and damages if the fault lies with another party.

If the driver wasn’t working at the time of the collision, your own UM coverage may also apply, even if you were a passenger or in a different vehicle. Your Personal Injury Protection (PIP) in states like Florida, or MedPay coverage, might also provide benefits for medical expenses regardless of fault.

How Does My Own Uninsured Motorist Coverage Work in a Rideshare Accident?

Your own Uninsured Motorist (UM) coverage typically protects you if you’re injured by a driver without insurance, including a rideshare driver. It can cover your medical bills, lost wages, and pain and suffering, up to your policy limits.

This coverage usually applies if you were the driver or passenger in your own car, a passenger in the rideshare vehicle, or even a pedestrian or cyclist hit by the uninsured rideshare driver. Your UM coverage is a safety net when the at-fault driver lacks insurance.

What if the Insurance Company Denies My Claim for an Accident?

Insurance companies sometimes deny valid claims initially. You may appeal their decision, providing additional evidence or clarification. You might also pursue a claim through your own Uninsured Motorist (UM) coverage if you have it.

Consulting with a lawyer helps you understand the reasons for the denial and explore all your options, including challenging the denial or finding other avenues for compensation.

What Is the Time Limit for Filing a Rideshare Claim?

Yes, there are time limits, known as statutes of limitations, for filing claims related to car accidents, including those involving uninsured or underinsured rideshare drivers. These time limits vary by state and the type of claim (e.g., injury vs. property damage claim).

In Washington, you usually have three years to file a claim, and Florida allows victims two years to file. Missing these deadlines means you may lose your right to seek compensation. Some exceptions apply to these rules, so contact a personal injury lawyer immediately.

What Information Do I Need To Start a Claim Involving an Uninsured Rideshare Driver?

To start a claim involving an uninsured rideshare driver, try to gather the police report from the accident, the rideshare driver’s name and contact information, and the name of the rideshare company (Uber/Lyft).

Also important are photos or videos of the accident scene and vehicle damage, details from any witnesses, and all your medical records and bills related to your injuries. If you were a passenger, a screenshot of your ride details from the app is helpful.

Secure Your Path to Recovery

Dealing with an accident is hard, and when it involves an uninsured or underinsured rideshare driver, you need clear direction and strong advocacy. You don’t have to face complex insurance negotiations and legal procedures by yourself.

Contact our experienced personal injury attorneys at Boohoff Law, P.A. today at (813) 445-8161 for skilled guidance and a free consultation to discuss your situation.

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