Attorney at Gina Corena & Associates

Practice Areas: Personal Injury

Ridesharing services like Uber and Lyft have become an essential mode of transportation in Las Vegas. While convenient, these services also come with risks. Rideshare accidents can leave passengers, drivers, and even third parties dealing with serious injuries and legal complications. If you or a loved one has been involved in an accident involving a Lyft or Uber driver, understanding your rights is crucial.

Rideshare accidents differ from regular car accidents due to complex insurance policies, driver classifications, and liability concerns. In this guide, we’ll explore how liability is determined, how to file a claim, and what compensation you may be entitled to after an accident involving a rideshare vehicle.

Determining Liability in a Lyft or Uber Accident

When a rideshare accident occurs, one of the first challenges is determining who is responsible. Liability depends on the driver’s status on the rideshare app at the time of the accident. Both Lyft and Uber classify their drivers as independent contractors rather than employees, which means the company itself is often not directly liable unless specific conditions are met.

How Driver Status Affects Liability

The status of the driver at the time of the accident determines which insurance policy will cover the damages. Below are the key coverage periods:

Driver Status Coverage Available Liable Party
Not Logged Into the App No rideshare coverage Driver’s personal insurance
Logged in, No Ride Accepted Up to $50,000 for injuries per person Driver’s insurance + Uber/Lyft secondary coverage
Ride Accepted, En Route to Pickup Up to $1M liability coverage Uber/Lyft insurance
Passenger in the Vehicle Up to $1M coverage for injuries & property damage Uber/Lyft insurance

If the driver is not logged into the rideshare app, Uber or Lyft will not provide any coverage. Instead, the driver’s auto insurance will apply. However, once the driver is actively engaged in a ride—either en route to a passenger or with a passenger in the car—Uber or Lyft $1 million liability policy is in effect.

“In Nevada, rideshare accident victims may be eligible for compensation under Uber and Lyft commercial insurance policies, which can provide up to $1 million in coverage, depending on the driver’s status at the time of the crash.”

Rideshare insurance coverage explained

Comparative Negligence in Nevada

Nevada follows comparative negligence laws, meaning fault can be shared among multiple parties. If you are found partially at fault for the accident, your compensation will be reduced accordingly.

For instance, if you are 20% responsible for an accident, your total compensation will be reduced by that percentage.

“Comparative negligence laws in Nevada mean that if a victim is found partially at fault for the accident, their compensation may be reduced proportionally.”

Filing a Lawsuit Against Lyft or Uber

Victims of a rideshare accident have several legal options, depending on the circumstances. If a rideshare driver caused the accident, you may be able to file a claim against Lyft or Uber’s insurance policy. However, insurance companies often dispute claims, making it essential to build a strong case.

Steps to Take After a Rideshare Accident

  1. Seek Medical Attention – Prioritize your health and get a medical evaluation, even if injuries seem minor.
  2. Document the Scene – Take photos of the accident, vehicle damage, and any visible injuries.
  3. Collect Information – Gather driver details, license plate numbers, witness statements, and the rideshare trip receipt.
  4. Report the Accident – Notify Lyft or Uber through their app, but avoid making statements that could be used against you.
  5. Consult a Lawyer – An experienced rideshare accident attorney can help you with your insurance claims and legal proceedings.

“Lyft and Uber insurers often push for quick settlements after serious injuries. Accepting a lowball offer can prevent victims from seeking further compensation for long-term damages.”

Insurance Coverage and Compensation

One of the biggest challenges for victims of a Lyft or Uber accident is dealing with insurance companies. Rideshare companies have their insurers, and they often work hard to minimize payouts.

Types of Compensation You May Be Entitled To

Victims of rideshare accidents may recover compensation for:

  • Medical Bills – Hospital stays, surgeries, therapy, and ongoing medical costs.
  • Lost Wages – Compensation for missed work and reduced future earning capacity.
  • Pain and Suffering – Emotional distress, trauma, and diminished quality of life.
  • Property Damage – Costs to repair or replace a damaged vehicle or other belongings.

While rideshare insurance policies provide coverage, insurance adjusters often attempt to undervalue claims or deny them altogether. Having legal representation can significantly improve your chances of securing a fair settlement.

Legal Challenges and Settlement Negotiations

Navigating a rideshare accident case can be difficult due to the different tactics insurance companies use. Victims should be cautious when dealing with adjusters who may:

  • Push for Quick Settlements – Lowball offers to close the case before the victim realizes the full extent of their injuries.
  • Deny Liability – Arguing that the rideshare company is not responsible due to the driver’s independent contractor status.
  • Require Medical Exams – Using company-selected doctors to downplay the severity of injuries.

A skilled rideshare accident attorney can negotiate for you so you can get fair compensation.

Insurance complicates rideshare compensation - corena law

FAQs About Lyft and Uber Accidents

What happens if my Lyft driver gets in an accident?

Suppose your Lyft driver is involved in an accident. In that case, your eligibility for compensation depends on whether the driver was logged into the app and whether they were actively engaged in a ride. Lyft’s insurance may cover your injuries, but insurance claims can be complex.

Can I sue Lyft or Uber directly for an accident?

Lyft and Uber drivers are considered independent contractors, which often prevents direct lawsuits against the companies. However, if negligence in hiring or safety policies contributed to the accident, legal action may be possible.

What should I do immediately after a rideshare accident?

Seek medical attention, report the accident to police, collect driver and trip details, and consult a lawyer. Avoid speaking to insurance companies without legal guidance.

Does Lyft or Uber cover medical expenses after an accident?

If the rideshare company’s insurance applies, medical expenses may be covered. However, coverage depends on the circumstances, and disputes are common.

How long do I have to file a claim for a rideshare accident in Nevada?

The statute of limitations in Nevada for personal injury claims is two years from the date of the accident.

Will my case go to trial, or can I settle out of court?

Most rideshare accident cases are settled out of court. However, if negotiations fail, pursuing a lawsuit may be necessary.

Conclusion: Protecting Your Rights After a Rideshare Accident

Rideshare accidents involve complex liability issues, making it essential for victims to understand their rights. If you have been injured in an Uber or Lyft accident, knowing the insurance policies, Nevada negligence laws, and potential legal challenges can help you take the proper steps toward securing compensation.

Understanding your rights is crucial after a Lyft or Uber accident. Consulting an experienced rideshare accident lawyer can help you maximize your compensation and navigate the legal process with confidence.

At Gina Corena & Associates, we specialize in helping accident victims get the compensation they deserve. If you need guidance after a rideshare accident, our legal team is here to help. Don’t let insurance companies undervalue your claim—seek expert legal representation today.

As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.

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