Hit by an Uber: Pedestrian and Cyclist Rights in Rideshare Accidents

The rise of rideshare services has changed urban transportation, but it has also added new complexities when accidents occur. When pedestrians and cyclists are struck by rideshare vehicles, understanding your rights and the unique insurance dynamics at play becomes crucial for securing fair compensation.

The Growing Risk of Rideshare Accidents

The nature of rideshare driving – with drivers frequently checking their phones for ride requests, navigating unfamiliar routes, and making sudden stops or turns – can increase the risk of accidents with vulnerable road users. Pedestrians and cyclists, who already face significant dangers from regular traffic, must now contend with this additional layer of risk.

Understanding Rideshare Insurance Coverage

The insurance landscape for rideshare accidents operates on multiple levels, depending on the driver’s status at the time of the accident:

Period 1: App On, No Ride Request

When a driver has the rideshare app turned on but hasn’t accepted a ride request, limited coverage applies. Uber and Lyft typically provide contingent liability coverage that only kicks in if the driver’s personal insurance isn’t enough. This coverage is often minimal and may not fully compensate serious injuries.

Period 2: Ride Accepted, En Route to Passenger

Once a driver accepts a ride request and is traveling to pick up the passenger, enhanced coverage becomes available. Both Uber and Lyft provide higher liability limits during this period, typically around $1 million in coverage for third-party injuries.

Period 3: Passenger in Vehicle

When the passenger is in the vehicle, full commercial insurance coverage applies. This provides the highest level of protection, with $1 million in liability coverage and additional uninsured/underinsured motorist protection.

Your Rights as a Pedestrian or Cyclist

If you’ve been struck by a rideshare vehicle, you have several important rights regardless of which period the driver was in:

• Right to immediate medical attention: Always seek medical care, even if injuries seem minor initially.
• Right to file an insurance claim: You can pursue compensation through the rideshare company’s insurance, the driver’s personal insurance, or both, depending on the circumstances.
• Right to legal representation: Given the complexity of rideshare insurance, you have the right to consult with an attorney who understands these unique cases.
• Right to fair compensation: This includes medical expenses, lost wages, etc.

Common Challenges in Rideshare Accident Cases

Rideshare accident cases present unique obstacles that don’t exist in traditional vehicle accident claims:

Insurance Company Disputes

Multiple insurance companies may be involved, each trying to minimize their liability. The rideshare company’s insurer might argue the driver’s personal policy should cover the accident, while the personal insurer may claim the commercial policy applies.

Driver Classification Issues

Questions about whether the driver was acting as an independent contractor or employee can affect coverage. While rideshare companies typically classify drivers as independent contractors, this status can be challenged in certain circumstances.

App Status Verification

Determining exactly what the driver was doing at the time of the accident requires investigation into app logs, GPS data, and ride history. This information isn’t always readily available to accident victims.

Minimizing Tactics

Insurance companies may attempt to minimize payouts by questioning the severity of injuries, arguing comparative fault, or pressuring victims to accept quick settlements before the full extent of injuries is known.

Steps to Protect Your Rights

Taking immediate action after a rideshare accident is vital:

• Document everything: Take photos of the accident scene, your injuries, and any property damage. Get contact information from witnesses and note the exact location and time of the accident.
• Report the accident: Contact police immediately and ensure an official report is filed. Also report the accident to the rideshare company through their app or customer service line.
• Preserve evidence: Keep all medical records, receipts, and documentation related to your injuries and treatment. Don’t give recorded statements to insurance companies without talking to us.
• Avoid quick settlements: Insurance companies often offer fast settlements that may seem attractive but rarely cover the full extent of damages, especially for serious injuries requiring long-term treatment.

Moving Forward After a Rideshare Accident

Recovery from a rideshare accident involves both physical healing and financial recovery. Understanding that rideshare companies carry substantial insurance coverage can provide hope for fair compensation, but navigating these claims requires persistence and often professional legal assistance.

The evolving nature of rideshare regulations means your rights continue to strengthen as lawmakers and courts address these new transportation realities. As a pedestrian or cyclist injured by a rideshare vehicle, you deserve compensation that fully addresses your injuries and their impact on your life.

Get in touch with us to talk about your case. Visit us at:

• Westerville – 4151 Executive Pkwy, Suite 355, Westerville, OH 43081
• Mansfield – 33 S. Lexington-Springmill Rd, Mansfield, OH 44906

Call now for a free consultation on (614) 224-4114.