Pedestrians and cyclists struck by rideshare drivers face a unique challenge: you have no relationship with Uber or Lyft, yet their insurance may still be responsible for your injuries. Here’s how to navigate a claim as a third party.
Identifying the responsible party
The first step is establishing who was at fault and what their status was at the time of the crash. If the driver who hit you was logged into the Uber or Lyft app, whether waiting for a request, en route to a pickup, or on an active trip, the rideshare company’s insurance may apply in addition to the driver’s personal policy. Police reports, witness statements, and the driver’s own app history all help establish this.
Insurance claim process
As a third party, you’ll typically file a claim against the at-fault driver’s personal insurance, the rideshare company’s contingent or full liability policy (depending on their app status), or both. Because you have no existing relationship with either insurer, claims can move slowly and insurers may try to shift responsibility onto each other. Having an attorney manage communication with both sides helps keep the process moving and protects you from lowball settlement offers.
Multi-party liability
Some rideshare-related accidents involve more than one at-fault party, for example, a third driver who caused the rideshare vehicle to swerve, or a defective traffic signal. California’s comparative negligence rules allow compensation to be apportioned across multiple responsible parties, and you can still recover damages even if more than one party shares fault. Identifying every liable party matters because it can mean access to more available coverage.
Filing deadlines
California’s statute of limitations generally gives you two years from the date of the accident to file a personal injury lawsuit, though claims involving a government entity (such as a defective road) may have deadlines as short as six months. Because evidence like traffic camera footage and driver app data can disappear quickly, it’s best to start the process as soon as possible after the accident.
Compensation types
Pedestrians and cyclists often sustain more severe injuries than vehicle occupants due to the lack of physical protection. Compensation can cover medical bills, rehabilitation, lost income, long-term care needs, and pain and suffering. The Herman Firm evaluates third-party rideshare claims at no cost and works on a contingency basis, so you only pay if we win your case.
Related reading: Understand how Prop 22 affects liability and review the rideshare insurance coverage periods that may apply to your case.
