Liability in Rideshare Accidents

Rideshare apps such as Uber and Lyft have become increasingly popular forms of transportation over the last several years in Washington State. While these services may offer a convenient way to get around, accidents can still happen. When they do, questions about liability in rideshare accidents arise. Whether you were a passenger, a driver, or an occupant of another vehicle, it’s crucial to understand who is liable for your injuries. In Washington, multiple parties including the rideshare company, the driver, or a third party could be legally responsible for a rideshare accident.

When is the Rideshare Company Liable for an Accident?

With any motor vehicle accident, liability for a victim’s injuries falls upon the at-fault party. But liability in rideshare accidents can be more complex than in a typical car crash. Not only might the driver be held accountable, but the rideshare company may also be liable for negligence. In collisions involving Uber or Lyft, the rideshare company may incur liability — and its insurance policy may kick in after an accident — depending upon the driver’s status at the time of the crash.

A rideshare company may be held liable for a collision under any of the following circumstances:

• The rideshare driver was working and actively transporting a passenger — Uber and Lyft both maintain policies of $1 million in liability coverage as well as coverage for uninsured and underinsured drivers to protect passengers during active rides. These policies also apply to drivers and passengers in other vehicles when the rideshare driver is at fault.
• The rideshare driver was logged into the app and driving to pick up a passenger — Once a rideshare driver accepts a ride request, the rideshare company’s $1 million liability insurance policy applies.
• The rideshare driver was logged into the app and waiting for a ride request — Under Washington law, companies such as Uber and Lyft must provide limited liability coverage for rideshare accidents that arise when a driver is logged into the app but does not yet have any ride requests. This typically includes up to $50,000 per person, $100,000 per accident, and $30,000 for property damage.
• Failure to screen drivers — A rideshare company has a duty to conduct due diligence when hiring drivers. The company may be held liable if an accident occurs due to failure to conduct background checks, provide adequate training, or properly supervise their drivers.

The rideshare company’s policy is primary once a driver is logged into the app. However, rideshare drivers may secure their own auto insurance policy that exceeds the above requirements. If the rideshare driver was not logged into the app at the time the collision happened, they would be considered a private driver. This means that the rideshare company’s insurance policy would not apply — and the driver’s personal insurance coverage would come into play.

Other Parties Who May Incur Liability in Rideshare Accidents

Rideshare drivers and rideshare companies aren’t the only parties who may incur liability in rideshare accidents — In some cases, third parties, including other drivers or entities, may contribute to the crash.

1. Other Drivers

If another driver’s negligence, recklessness, or failure to follow traffic laws caused the accident, they may be named as a defendant in a personal injury action.

2. Manufacturers

If a mechanical defect or faulty vehicle part contributed to the accident, the company that manufactured the faulty part might be legally responsible for any resulting injuries.

3. Municipalities

If poor road conditions caused or contributed to the accident, a municipality might be named in a rideshare accident liability claim.

Compensation in a Rideshare Accident

When one is involved in a rideshare accident, it's not uncommon for rideshare companies to attempt to deny or devalue their injury claim. It’s crucial that they don’t settle for less than what they deserve. If the company refuses to settle for a fair amount, it may be necessary to pursue litigation. By filing a personal injury lawsuit for a rideshare accident, a victim may be able to recover both their economic and non-economic damages, including the following:

• Unreimbursed medical expenses
• Lost wages
• Out of pocket expenses
• Future medical expenses
• Future loss of earnings
• Pain and suffering
• Loss of enjoyment of life
• Emotional distress
• Mental anguish
• Disfigurement

Working with an experienced personal injury attorney who understands liability in rideshare accidents can significantly impact the outcome of your case. A knowledgeable attorney will know how to investigate your case, value your claim, and fight for your right to fair compensation for the harm you suffered.

Contact an Experienced Washington Personal Injury Attorney

If you were hurt in a rideshare accident, it’s best to have a skillful attorney by your side who can help ensure you receive the maximum compensation available for your injuries. With locations in Burien and Bellevue, Herron Law Office, PLLC is committed to recovering the full amount of monetary recovery available to you under the law. We welcome you to contact us for a consultation to discuss your case by calling (425) 600-2580.