Founding Member & Managing Partner at Gina Corena & Associates
Practice Areas: Personal Injury
Uber and Lyft have changed the way we travel. With just a few taps on a smartphone, you can get a ride within minutes. But behind the convenience of rideshare services, there’s an ongoing debate—are Uber and Lyft drivers independent contractors or employees? This distinction matters not just for the drivers but also for passengers, especially when accidents happen. If a rideshare driver gets into a crash, who is responsible? Does Uber or Lyft cover damages, or is the driver on their own? If you’ve ever wondered how rideshare drivers are classified and how that impacts liability, this guide will explain everything you need to know.
Uber and Lyft drivers are not employees—at least, that’s what these companies claim. Instead, drivers are classified as independent contractors.
But what does that mean?
Independent contractors are self-employed workers who control their work schedules. They are responsible for their taxes and don’t receive company-provided benefits like health insurance or paid leave. Uber and Lyft argue that this setup gives drivers the flexibility to work whenever they want. Many drivers agree. However, others believe this classification denies them the protections they deserve, especially when accidents or financial hardships arise.
Uber and Lyft have a strong reason to classify their drivers as contractors—it saves them money. Employees are entitled to overtime pay, unemployment benefits, and other worker protections, but independent contractors are not.
By labeling drivers as contractors, Uber and Lyft can avoid costs such as:
This also shields Uber and Lyft from certain liabilities. If a driver causes an accident, the company can argue that they are not responsible because the driver is not an employee. However, not everyone agrees with this classification. In fact, some drivers have sued Uber and Lyft, arguing they should be classified as employees.
Over the years, multiple lawsuits have questioned whether Uber and Lyft drivers are truly independent contractors. Some of the most notable legal battles include:
In 2019, Uber driver Thomas Colopy filed a lawsuit claiming that Uber had misclassified drivers as independent contractors. The court allowed the case to move forward, marking a significant step toward potential reclassification.
California passed Assembly Bill 5 (AB5), a law aimed at forcing companies to classify workers as employees if they fail a strict three-part test. Under AB5, Uber and Lyft drivers should have been classified as employees.
But Uber and Lyft pushed back. Instead of complying, they changed their business models to meet the minimum requirements of contractor status. They also supported Proposition 22, which was passed by California voters and exempted rideshare companies from AB5.
These legal fights show that the debate is far from over. Different states may follow California’s lead, making it harder for Uber and Lyft to classify drivers as contractors in the future.
One of the biggest concerns surrounding driver classification is liability in accidents. Who pays for damages when a rideshare driver gets into a crash? The answer depends on the driver’s status at the time of the accident. Uber and Lyft provide different levels of insurance coverage based on whether the driver is waiting for a ride, on their way to pick up a passenger, or actively transporting someone.
Driver’s Status | Uber/Lyft Insurance Coverage |
App is off (not working) | Driver’s personal insurance applies |
App is on, waiting for a ride | $50,000 per person / $100,000 per accident for bodily injury |
Driver is on the way to pick up a passenger | Up to $1 million in liability coverage |
Passenger in the car | Up to $1 million in liability coverage |
If the driver is logged into the app but hasn’t accepted a ride yet, coverage is much lower. That means passengers or other drivers can file a claim against that driver.
If Uber and Lyft drivers were classified as employees, the companies would likely be responsible for all accidents involving their drivers. That’s a significant reason why they fight hard to maintain the independent contractor model.
Another problem with classifying drivers as independent contractors is authentication and security. Uber and Lyft require drivers to verify their identities, but some drivers share their accounts with others. This is known as rideshare contractor-shared device use, and it poses serious safety risks.
To combat this, Uber and Lyft have introduced rideshare contractor authentication features, such as:
These measures aim to protect passengers, but they also highlight the challenges of regulating independent contractors.
As lawsuits continue, the future of Uber and the Lyft business model remains uncertain. If courts force these companies to classify drivers as employees, we could see the following:
Uber and Lyft will likely continue fighting to keep drivers classified as independent contractors. However, as more states push for stricter labor laws, changes may be inevitable.
Uber and Lyft classify their drivers as independent contractors, meaning they operate with more flexibility but receive fewer legal protections compared to traditional employees.
If a driver is a contractor, Uber/Lyft’s liability is limited, and passengers must often file claims through the driver’s insurance first. If classified as employees, Uber and Lyft could be held directly liable for accidents.
This refers to security measures Uber and Lyft use to verify that the correct driver is operating the vehicle, preventing unauthorized use of shared accounts.
AB5 aimed to classify drivers as employees, but Uber and Lyft fought back by altering how they define driver control, eventually leading to Proposition 22, which allowed drivers to remain contractors with added benefits.
Yes, multiple lawsuits have been filed by drivers claiming they were misclassified as independent contractors and should be entitled to employment benefits.
This depends on future legal rulings and legislative changes. Some states may push for reclassification, while Uber/Lyft will likely continue lobbying to maintain the contractor model.
The debate over Uber and Lyft driver classification affects more than just legal status—it impacts accident claims, insurance coverage, and passenger safety. If you’ve been in an accident involving an Uber or Lyft, you may face challenges getting compensation, especially if the driver’s insurance coverage is limited. That’s why having an experienced rideshare accident attorney can make all the difference.
At Gina Corena & Associates, we understand the complexities of rideshare accident cases. Whether you are a passenger, driver, or another motorist, we can help you with the legal process and help you get the compensation you deserve.
Don’t deal with the aftermath of a rideshare accident alone. Contact us today for a free consultation, and let’s discuss your case.
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.