When Pedestrians Are Hit by Rideshare Drivers: Your Rights Explained

Knowing Your Rights After a Rideshare Pedestrian Accident

Getting hit by a car is jarring enough, but things are even more complicated if the accident involves an Uber or Lyft driver. In this case, you’re not just dealing with injuries—you’re also tangled up in a web of rideshare insurance policies, corporate lawyers, and finger-pointing over who’s to blame. It’s frustrating and confusing, which is the last thing you need when trying to recover.

The good news is you have rights as a pedestrian victim of a rideshare accident, and you can get compensation for your injuries. The key is knowing how to handle the situation and what steps to take.

Who’s Responsible When a Rideshare Driver Hits a Pedestrian?

Rideshare services like Uber and Lyft have become ubiquitous, offering convenience at the tap of a screen. However, with more rideshare vehicles on the road, the likelihood of accidents involving pedestrians has increased.

If a rideshare driver hits you, the assumption is that they’re responsible, right? Unfortunately, liability in rideshare pedestrian accidents isn’t always black and white. Here’s who could be on the hook for covering your damages:

• The rideshare driver: If they were distracted, speeding, or just not paying attention, they’re likely at fault.
• Another driver: Liability could shift if the rideshare driver hit you while swerving to avoid someone else’s reckless driving.
• The pedestrian (you): Did you dart into traffic outside a crosswalk? The insurance company may argue that you’re entirely or partially responsible.

Who’s Insurance Pays for What?

So, what determines who pays? It comes down to the rideshare driver’s status at the moment of the crash. Here are some examples:

• The app is off: If the driver is not logged into the rideshare app, their personal auto insurance applies. Uber and Lyft don’t cover anything in this instance.
• The app is on, but no ride is accepted: When the driver is logged in but hasn’t accepted a ride, both the driver’s personal insurance and the rideshare company’s contingent liability coverage may be available. Uber and Lyft typically provide coverage of up to $50,000 per person for injuries, up to $100,000 total per accident, and up to $25,000 for property damage. This coverage only kicks in if the driver’s personal insurance doesn’t cover the claim.
• The driver is en route to pick up a passenger or has one onboard: Now you’re dealing with Uber and Lyft’s commercial liability policy, which covers injuries, medical bills, and other damages. This is the best-case scenario for an injured pedestrian because it means a much larger insurance policy is available. The amount of insurance coverage for a Lyft or Uber driver can vary from state to state and can change yearly. Uber and Lyft are required to comply with Nevada’s minimum insurance requirements, but they typically provide more than the minimum. A car accident attorney can check what the applicable insurance policy limits are at the time of the accident. In some cases, the rideshare driver’s personal insurance may also provide coverage, although most personal auto policies exclude coverage while working as a rideshare driver.

What to Do If You’re Hit by a Rideshare Driver

A rideshare accident can leave you shaken, but taking the right steps protects your claim. Here’s what to do:

• Seek medical help: Visit a doctor even if you feel fine. Adrenaline can mask injuries, and issues like concussions or internal injuries might not be immediately apparent.
• Call the police and file a report: A police report documents what happened, which helps when dealing with your insurance company or filing an Uber/Lyft injury claim.
• Gather evidence: If you can, collect the driver’s name, contact information, and insurance details. Ask them to send a screenshot showing if they were logged into the rideshare app. Finally, take photos of the accident scene, your injuries, and any property damage.
• Get witness statements: A neutral third-party witness can strengthen your case if anyone disputes what happened.
• Report the accident to Uber or Lyft: Both companies have in-app accident reporting features. File a report, but don’t give too much detail—their insurance team isn’t on your side.
• Talk to a personal injury lawyer before accepting a settlement: Insurance companies, including those that cover Uber and Lyft, often try to settle for less than you deserve. A personal injury attorney can ensure you get full compensation for your losses.

What Kind of Damages Can You Claim?

You may be entitled to the following types of compensation following a rideshare accident:

• Medical bills: This includes any current and future medical costs related to the accident, such as ER visits, hospital stays, surgeries, rehab, crutches, and medications.
• Lost wages: If your injuries keep you from working, you can recover lost income.
• Pain and suffering: Physical pain, emotional trauma, and diminished quality of life all count.
• Property damage: If your phone, bike, or anything else was damaged in the crash, repair or replacement costs should be covered.

The dollar amount you can recover depends on the severity of your injuries, how much insurance coverage is available, and whether you’re partially liable. A lawyer can calculate what your claim is worth and provide other legal help for pedestrian crashes.

What If Uber or Lyft Denies Your Claim?

Rideshare companies and their insurance companies don’t willingly hand out checks. They will look for ways to reduce or deny your claim. Common ploys include blaming you for the accident, arguing the driver wasn’t at fault, and claiming their insurance doesn’t apply. If they try any of these tactics in your case, speak to an experienced personal injury attorney to discuss the specific options available in your case.

Don’t Go Through This Alone

Fighting an insurance company, especially one backed by a corporation like Uber or Lyft, is no small feat. That’s where Carvalho & Associates Attorneys at Law enter the picture. We’ve been fighting for pedestrian liability rights in Las Vegas for over 30 years. Our team knows how to take on rideshare companies, and we’ve built a reputation for winning big cases. For help navigating the legalities of your rideshare pedestrian accident, please contact us today for a free consultation.