Drivers

Your rights as an independent contractor

As an independent contractor, you don’t have access to employer-provided workers’ compensation the way a traditional employee would. That doesn’t mean you’re without recourse. You retain the right to pursue a personal injury claim against any at-fault party, including another driver, and in some circumstances against the rideshare company’s contingent liability policies. Understanding your classification is the starting point for understanding what protections actually apply to you.

Insurance gaps explained

Your coverage depends entirely on your app status. With the app off, you’re relying solely on your personal auto policy, and many personal policies exclude commercial ridesharing activity entirely, leaving a real gap. Once the app is on and you’re waiting for a ride request, contingent liability coverage kicks in, but at lower limits than during an active trip. Once you’re en route to a pickup or have a passenger, full company coverage applies. Knowing exactly which period you were in at the time of the crash changes everything about your claim.

Prop 22 impact

Proposition 22 keeps rideshare drivers classified as independent contractors rather than employees, which affects things like minimum wage guarantees and traditional workers’ comp. What it does not do is eliminate a rideshare company’s insurance obligations or shield them from liability when their own coverage should apply. Drivers still have valid claims under the applicable coverage period. Prop 22 doesn’t change that.

Company liability

Whether Uber or Lyft’s insurance responds to your claim depends on your app status and who caused the crash. If another driver hit you while you were on an active trip, the rideshare company’s contingent or full liability coverage may apply alongside the at-fault driver’s own policy. If you were hit by an uninsured or underinsured motorist while working, uninsured/underinsured motorist coverage through the rideshare company’s policy may also come into play.

Recovery process

Recovery starts with documenting your app status at the time of the crash. Screenshots of your trip history and driver app status are critical evidence. From there, an attorney can identify which policies apply, negotiate with the relevant insurers, and pursue litigation if a fair settlement isn’t offered. The Herman Firm represents drivers on a contingency basis, so there’s no upfront cost to find out what your case is worth.