Who will be liable for your injuries if you’re in a car accident while ridesharing?

Ridesharing brings liability into murky waters. Does it lie with the rideshare driver, the company they drive for, the person who ordered the ride, or another driver if the accident involved multiple vehicles? The list goes on. Continue reading to see what these personal injury and liability buffs say about who can be held responsible for your injuries.
Andrew Pickett

Andrew Pickett

Trial Attorney at .

The Individual Found At Fault Would Be Liable, Depending On Insurance

If you are in a car accident while ridesharing, liability will depend on many factors, such as who was at fault and the insurance coverage available. If the other party involved is at fault, they could be held liable for your injuries; however, if the ridesharing driver is found to be at fault, their insurance provider could be held accountable.

For example, if the other party does not have adequate insurance coverage, the ridesharing company’s insurance provider may be responsible for your damages. But in any case, it’s important to remember that the individual found at fault will primarily take responsibility for your injuries.

Determining The Liability Will On Multiple Factors

Determining the liability can be a bit complex and will depend on multiple factors, such as who’s at fault, the state laws, and the type of insurance coverage in place. Generally speaking, in the event of an accident, the first step is to figure out who was at fault. If the rideshare operator causes the crash through negligent acts, such as distracted driving, failure to control driving speed, traffic violations, and impaired driving, you can’t sue the company. Rideshare drivers are considered independent contractors, which means that they’re technically not employees of the company. In such cases, the company isn’t liable for their driver’s negligence–the driver themselves will be held liable for the accident.

However, the company may be held liable for the accident if the driver is working on the clock, logged on to the app, is actively transporting the passenger, and driving carefully. These companies are required to maintain a level of liability insurance for each of their drivers.
The driver of the other vehicle involved in the crash will be held liable if they are the one who caused the accident. The process will be the same as though it were any other type of car crash case. But before claiming anything, there should be proof that the other driver is negligent. There’s a need to provide documents, such as the police report, witness statements, photos and videos, and medical records.

David Clark

David Clark

Personal Injury Trial Lawyer and Partner at .
Tariro Goronga

Tariro Goronga

Ridesharing Driver May Be Found Liable If Negligent Or Driving Recklessly

The answer to this question depends on the circumstances of the accident. In some cases, the ridesharing driver may be found liable as they are responsible for the safety and well-being of their passengers while driving. This means if an accident is caused by their negligence or recklessness, they would be held liable for any injuries suffered in the accident.

On the other hand, if another driver is responsible for causing the accident, they would be liable for any resulting injuries. In this case, it might be possible to file a claim against their insurance company as long as the at-fault party had sufficient coverage. If no other parties can be held responsible for your injuries, then you may be able to make a claim through your own insurance company. Your policy would need to include ridesharing coverage for this to be an option.

Liability Will Depend On The Person At Fault For The Incident

If you are a passenger in a rideshare vehicle, liability will depend on the person at fault for the incident. If your driver is found not to be responsible, then the other party’s insurance company will be the one liable for your injuries.

However, if your rideshare driver was at fault, then the determination of liability becomes more complicated. This is because rideshare drivers are technically not considered employees, as these companies are basically regarded as marketplaces that allow drivers and riders to connect.

Naturally, this limits the ability to pursue a direct lawsuit against rideshare companies in most jurisdictions. As such, the driver’s regular car insurance will usually apply to the accident most of the time. However, these companies can still be held liable if it can be proven that they also acted negligently.

For instance, if they hired the driver, even while knowing that they had a long history of DUIs. In such a situation, it becomes easier to seek compensation from the rideshare company.

Nora Salama

Nora Salama

Co-founder of .
Billy Parker

Billy Parker

Director of .

Depends On The Accident’s Specific Circumstances

In the case of a car accident while ridesharing, the liable party will depend on the specific circumstances of the accident. Generally, the ridesharing driver will be held liable if they were at fault for the accident. This could be due to negligence, such as driving while under the influence, or due to a violation of the ridesharing company’s terms of service.

On the other hand, if the ridesharing driver was not at fault, then the other party involved in the accident may be held liable. This could be due to negligence on the part of the other driver, such as speeding or failing to yield. In some cases, both parties may be held liable depending on the degree of fault.

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