You are almost never at fault
A passenger did not choose the speed, the lane or the following distance. The comparative fault argument that dominates most collision claims barely applies to you.
Vehicle Accidents
Uber and Lyft Accident Lawyers in Ohio
Which insurance policy pays depends on what the app was doing when the crash happened. That is the whole question, and it is answerable.
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The injury claim is ordinary. The insurance question is not.
Medically and legally, being hurt in a rideshare collision is much like being hurt in any other. Somebody drove carelessly and you were injured, and what you are owed follows from that.
What makes these cases different is working out who pays. A rideshare driver is covered by their own personal motor policy some of the time and by the rideshare company’s commercial policy at other times, and which one applies turns on what the driver was doing at the moment of impact: app off, app on and waiting, on the way to a pickup, or carrying a passenger.
Those are different phases with different cover, and the personal insurer and the rideshare insurer each have an interest in saying the other one is responsible. A claim can sit still for months in that gap.
Who this page is for
You were a passenger in an Uber or Lyft, you were driving for one when another vehicle hit you, or you were in another car, on a bicycle or on foot and were struck by a rideshare driver.
- App off The driver's personal policy, as with any driver.
- App on, waiting Usually a limited contingent cover applies.
- En route or carrying a rider The commercial policy is generally in play.
- The gap between them Where claims stall while insurers point at each other.
Why the app data matters so much
The phase the driver was in is not a matter of recollection. It is recorded, in the rideshare company’s own systems, with timestamps.
That record is the single most useful piece of evidence in these claims and it is not volunteered. It is obtained, by asking for it properly and promptly, and it settles an argument that can otherwise run for months.
If you were the passenger, keep everything the app gave you. The trip receipt, the driver’s name, the vehicle, the route and the timestamps are all on your phone, and they are worth more than any account written down afterwards.
Passengers are in the strongest position
And are usually the least likely to realize it.
More than one policy may respond
The rideshare cover, the other driver's cover and sometimes your own. Being a passenger does not limit you to one of them.
You can claim without suing anyone you know
People hesitate because they liked the driver. A claim is made against an insurance policy, not against a person's savings.
The trip data will not keep forever
Ask early. A request made in the first weeks is straightforward, and one made much later is not.
Questions
Rideshare accident questions
General information, not legal advice. Every case turns on its own facts. The only way to know where yours stands is to have someone look at it.
I was the passenger. Do I sue the driver?
You make a claim against whichever insurance policy applies, which may be the rideshare company’s, the other driver’s, or both. It is not a claim against the driver personally in any practical sense, and a passenger is very rarely found at fault for anything.
Uber says its cover does not apply. Is that the end of it?
Not necessarily. That position usually rests on which phase the driver was in, and the phase is recorded in the company’s own data. It is a checkable assertion rather than a final answer, and it is checked more often than it is accepted.
I drive for Uber and was hit by another car.
You may have a claim against the other driver and, depending on the phase you were in, access to the rideshare policy as well. Your own personal motor policy may also exclude cover while the app is on, which is worth establishing early rather than discovering later.
I was hit by a rideshare driver while walking or cycling.
The same analysis applies. Which policy responds depends on what the driver was doing at the moment of impact, and that is established from the app data rather than from what anybody says afterwards.
What does it cost to ask?
Nothing. The consultation is free, the case runs on a contingency fee, and if there is no recovery there is no fee.
The deadline
Ohio generally allows two years from the date a personal injury claim arises to bring it (Ohio Revised Code § 2305.10), and two years from the date of death in a wrongful death claim (§ 2125.02).
Shorter notice periods can apply where a government entity or a public vehicle is involved. Because the consequence of missing a deadline is total, it is worth confirming the one that applies to you early rather than assuming. General information about Ohio law rather than advice on your own facts.
Other Vehicle Accidents pages
The rest of this practice area, in case your situation fits one of them better.
All Vehicle Accidents
Car, truck and motorcycle collisions.
Car Accidents
Collisions with another driver, and the adjuster who follows.
Truck Accidents
Commercial carriers, federal safety rules and layered insurance.
Motorcycle Accidents
Rider bias, severe injuries and a case built on the facts.
Bicycle Accidents
Cyclists get blamed first. The evidence usually says otherwise.
Pedestrian Accidents
Severe injuries, and an argument about where you were standing.
Wrongful Death
A claim that belongs to the family, handled so they do not have to.
Catastrophic Injuries
Life-changing injury, valued across a lifetime rather than a year.
The three areas we handle
One incident can open more than one claim, and they are handled together here.
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