If a rideshare driver caused your injury, you likely have a path to seek financial recovery for your medical bills, lost income, and other hardships through the driver's or the rideshare company's insurance. The key is understanding which insurance policy applies and how to handle the complex claims process that follows.
If a rideshare driver caused your injury, you are now facing a situation that involves multiple layers of insurance and corporate policies, which can be much more complicated than a typical car accident claim.
Understanding Who is Responsible When a Rideshare Driver Causes Your Injury
Determining liability, which means figuring out who is legally and financially responsible, is the first step in any accident claim. When a rideshare vehicle is involved, this process is unique. The answer often depends on the driver’s status in the rideshare app at the exact moment of the crash. Rideshare companies like Uber and Lyft have specific insurance policies that activate based on the driver's activity.
These policies are generally broken down into three main phases:
- The Driver is Offline: If the driver is not logged into the rideshare app, they are considered to be driving for personal reasons. In this case, their own personal car insurance policy would be the primary source for any claims, just like in any other car accident.
- The Driver is Logged In and Waiting for a Ride Request: This is a gray area. The driver is available for work but has not yet accepted a ride. During this phase, the rideshare company’s limited liability coverage may apply if the driver's personal insurance denies the claim or is insufficient.
- The Driver Has Accepted a Ride or is Transporting a Passenger: From the moment the driver accepts your request until you are dropped off, the rideshare company's full commercial insurance policy is typically active. This policy usually has much higher limits, offering up to $1 million or more in liability coverage.
Understanding these different periods is vital because it dictates which insurance company you will be dealing with. This distinction is one of the main reasons these cases can be so intricate.
The Power of Rideshare Company Insurance
When the rideshare company's full insurance policy is in effect, it provides a significant layer of protection for injured passengers, pedestrians, or other drivers. These large commercial policies are in place because states, including Montana, have specific requirements for companies operating in this space.
They are designed to cover the significant damages that can result from a serious accident. If you suffered an injury in a rideshare accident, this is the policy that would most likely apply to your situation.
When the Driver's Personal Policy is a Factor
If the rideshare driver was not actively working, meaning they were not logged into the app or were between trips, their personal auto insurance is the first line of defense. However, many personal insurance policies have a "business-use exclusion."
This clause means the insurer can deny a claim if the driver was using their vehicle for commercial purposes, which can include driving for a rideshare service, even if they were just waiting for a ride request. This is precisely why the rideshare companies were required to create their own insurance structures to fill these gaps.
Your First Steps After a Rideshare Accident in Montana
After any accident, your health is the top priority. Once you have received initial medical care and are back home, perhaps looking out at the Billings skyline and wondering what to do next, you can take a few calm, practical steps to protect your well-being and your rights.
The actions you take in the days and weeks following the incident can have a significant impact on your ability to recover fair compensation. Here are a few important things to consider:
- Document Everything You Can Remember: Write down all the details of the accident while they are still fresh in your mind. Note the time, location, what happened, the driver’s name, and the make and model of the car. Take screenshots of your trip details from the rideshare app, as this is crucial evidence.
- Continue Your Medical Treatment: It is essential to follow all your doctor's orders. Attend all follow-up appointments, physical therapy sessions, and treatments. This not only helps your physical recovery but also creates a clear medical record linking your injuries to the accident.
- Report the Crash to the Rideshare Company: Use the app to formally report the accident. Uber and Lyft have dedicated channels for this. Provide the facts of what happened but avoid making statements about who was at fault or the severity of your injuries until you know their full extent.
Following these steps creates a foundation for building a strong claim. Keeping organized records can make a stressful process much more manageable down the road.
Navigating the Claims Process When a Rideshare Driver Caused My Injury
Soon after the accident is reported, you will likely be contacted by an insurance adjuster. This person may represent the driver’s personal insurance or the rideshare company’s insurer. It is important to remember that the adjuster's job is to protect their company's financial interests by resolving the claim for the lowest possible amount.
They may sound friendly and helpful, but you should be cautious in your conversations. Avoid giving a recorded statement or signing any documents without fully understanding what they mean for your rights. A quick settlement offer may seem appealing, especially when medical bills are piling up, but it is often far less than what you truly need to cover all of your losses, including future medical care and lost earning capacity.
This is a key reason why many people decide to seek guidance from a legal professional who can advocate on their behalf.
Why These Cases Can Be So Complex
Dealing with a large corporation and its insurance carrier is not the same as handling a simple fender bender. Rideshare accident claims involve navigating complex corporate structures and aggressive legal teams. The company may try to argue that the driver is an independent contractor, not an employee, in an attempt to distance itself from responsibility.
An experienced legal advocate understands these tactics. They can handle the communications with the insurance companies, gather the necessary evidence like traffic camera footage and witness statements, and work with medical and financial professionals to accurately calculate the full value of your claim. This allows you to focus on what matters most: your health and your family.
What Kind of Compensation Can I Seek?
If a rideshare driver’s negligence caused the accident, you may be entitled to seek compensation, legally known as "damages," for a wide range of losses. Negligence is a legal term that simply means someone failed to act with reasonable care, and that failure led to your injuries.
The goal of a personal injury claim is to make you "whole" again financially by compensating you for everything you have lost.
This compensation can cover:
- Economic Damages: These are the tangible financial losses with a clear dollar value. This category includes all past and future medical expenses, lost wages from being unable to work, and damage to your personal property.
- Non-Economic Damages: These losses are more personal and do not have a set price tag. They are meant to compensate you for the human cost of the injury, such as physical pain, emotional distress, and loss of enjoyment of life.
- Property Damage: If any of your personal belongings were damaged in the crash, such as a laptop or phone, you may also be able to seek recovery for their repair or replacement.
Calculating these damages accurately is a critical part of the claims process. It requires a thorough understanding of your injuries and how they will impact your life, both now and in the future.
Montana's Laws and Your Rideshare Injury Claim
Every state has its own laws that govern personal injury claims, and Montana is no exception. Two important rules can directly affect your case. The first is the statute of limitations, which is a legal deadline for filing a lawsuit. In Montana, you generally have three years from the date of the injury to file a personal injury claim, according to Montana Code Annotated 27-2-204. If you miss this deadline, you may lose your right to seek compensation forever.
Another important rule is Montana’s modified comparative negligence law. Under MCA 27-1-702, you can still recover damages even if you were partially at fault for the accident, as long as your share of the fault is not greater than the other party's (or parties'). Your total compensation would then be reduced by your percentage of fault. For example, if you were found to be 10% at fault for an accident, your final recovery amount would be reduced by 10%.
Insurance companies may sometimes try to shift blame to an injured person to reduce their payout, making a clear understanding of this rule very important. Whether your accident occurred on a busy road like Zoo Drive in Billings or a quiet street in your neighborhood, these state laws will apply.
According to the National Highway Traffic Safety Administration, tens of thousands of people are killed and millions are injured in traffic crashes each year across the country. As ridesharing becomes more common, these accidents are an unfortunate reality for many. Knowing your rights is the first step toward protecting yourself.
FAQ for What If a Rideshare Driver Caused My Injury?
We know you have many questions right now, and finding clear answers can provide some peace of mind. Here are answers to a few common questions people have after a rideshare accident.
What if I was a pedestrian or bicyclist hit by a rideshare driver?
If a rideshare driver caused your injury while you were a pedestrian or on a bicycle, your rights are very similar to those of an injured passenger. The same rules regarding the driver’s app status and which insurance policy applies will be in effect. You have the right to seek compensation for your injuries and losses from the at-fault party.
Does the specific rideshare company matter?
While major companies like Uber and Lyft have similar insurance structures, the specific details of their policies and their internal procedures for handling claims can vary. However, the fundamental principles of liability and the process of seeking compensation remain largely the same regardless of which company's driver was involved.
What happens if the at-fault rideshare driver was uninsured or underinsured?
This is exactly why rideshare companies are required to carry substantial insurance policies. Their coverage often includes Uninsured/Underinsured Motorist (UM/UIM) protection. If the at-fault driver's personal insurance is nonexistent or insufficient to cover your damages, the rideshare company's UM/UIM policy can step in to cover the gap.
Can I file a claim if the rideshare driver said the app wasn't on?
If the driver's app was truly off, the claim would proceed like any other car accident claim against their personal auto insurance. However, it is vital to verify this information. A legal representative can investigate to confirm the driver's status at the time of the crash, as a driver may not be truthful in order to avoid involving the rideshare company.
What if the rideshare vehicle I was in was hit by another driver?
If another driver was at fault for the accident, your primary claim would be against that driver's insurance policy. However, if that driver is uninsured or does not have enough insurance to cover your injuries, the UM/UIM coverage provided by the rideshare company’s policy may be available to help cover your losses.
Rimrock Law: Here to Help You Find Your Path Forward
A rideshare accident can leave you with physical pain, mounting medical bills, and the stress of a complicated legal process. You do not have to carry this burden alone. While you focus on healing, a dedicated legal advocate can handle the fight for the fair recovery you deserve.
At Rimrock Law, our Montana personal injury attorneys are committed to helping Montanans stand up for their rights. Our team has handled hundreds of personal injury cases and understands how to navigate the challenges presented by powerful insurance companies and corporations.
We believe in a team approach to get our clients the best possible results. If you have been injured, please contact our lawyers at (406) 606-1650 or through our online form for a free, no-obligation consultation. Let us help you understand your options so you can choose the best path forward for you and your family.