With the growing number of rideshare vehicles in Clark County, accidents involving Uber or Lyft drivers have become increasingly common. Navigating these complex claims requires an experienced legal team familiar with rideshare insurance policies and liability issues. At Maier Gutierrez & Associates, our rideshare accident lawyers have the knowledge and experience to protect your rights and pursue fair compensation for your injuries. Whether you were a passenger, another driver, or a pedestrian, we will fight to ensure accountability and justice. Contact Maier Gutierrez & Associates at 775-406-8981 today for a free consultation with a skilled Clark County rideshare accident lawyer.
What Happens If You’re a Passenger in a Rideshare Crash?
Ridesharing services like Uber and Lyft have become an essential part of daily life in Clark County. Whether you are heading to work, the airport, or a night out in Las Vegas, using a rideshare app offers convenience and affordability. But when an accident happens, things can quickly become confusing—especially if you were a passenger at the time of the crash. Many people are unsure who is responsible for their injuries or how to seek compensation.
Understanding how Nevada law handles rideshare accidents and what rights passengers have is critical. The legal process can be complex, involving multiple insurance policies and liability questions.
How Rideshare Accidents Differ from Regular Car Crashes
Rideshare accidents are not the same as standard vehicle collisions. These cases involve commercial policies, app-based driver statuses, and corporate procedures that add complexity. A key difference lies in the driver’s role as an independent contractor rather than an employee. Uber and Lyft classify their drivers as independent contractors, meaning the companies may not always be directly liable for the driver’s actions.
However, both companies carry substantial insurance coverage that applies under specific circumstances. The type of coverage available depends on whether the driver was logged into the app, waiting for a ride request, or actively transporting a passenger.
Insurance Coverage During Different Phases of a Rideshare Trip
When determining how much insurance applies, it’s important to understand the three main phases of a rideshare driver’s activity:
- App Is Off: If the driver is not logged into the rideshare app, they are considered to be using their vehicle for personal reasons. In this case, only the driver’s personal auto insurance applies. Uber and Lyft provide no coverage when the app is off.
- App Is On, but No Passenger Yet: When the driver is logged in and waiting for a ride request, limited coverage from the rideshare company may apply if an accident occurs. This typically includes up to $50,000 per person for bodily injury, $100,000 per accident, and $25,000 for property damage.
- Passenger Onboard or En Route to Pickup: Once a passenger has been accepted or is inside the vehicle, Uber and Lyft provide up to $1 million in liability coverage. This is meant to protect passengers and others injured in the accident.
For passengers, this third category is the most relevant. It ensures that if you are injured while in an active ride, there is a significant policy available to cover medical expenses and other damages.
Determining Liability After a Rideshare Crash
Liability in a rideshare crash can involve several parties. The responsible party depends on how the accident occurred. Common scenarios include:
- The Rideshare Driver Is at Fault: If your rideshare driver caused the accident, the company’s $1 million liability policy usually applies. You can file a claim through Uber or Lyft’s insurance carrier for your injuries.
- Another Driver Is at Fault: If another motorist caused the crash, their auto insurance should cover your injuries. If their coverage is insufficient, Uber and Lyft’s uninsured or underinsured motorist coverage may step in.
- Multiple Parties Share Fault: In some accidents, both drivers may share blame. In these cases, claims can involve multiple insurers, and determining the percentage of liability becomes important.
Because of these overlapping possibilities, rideshare accident cases often require careful investigation. Police reports, witness statements, and digital records from the rideshare app all help establish fault.
Steps to Take After a Rideshare Accident
If you are involved in a rideshare crash, it’s essential to take the right actions immediately. Your health and your ability to recover compensation depend on it.
- Call 911: Report the accident to the police and request medical assistance if needed. Having an official police report creates a record of the incident, which will be vital for your claim.
- Document Everything: Take photos of the vehicles, the scene, and your injuries. If possible, capture screenshots of your rideshare trip details, including the driver’s name, vehicle, and time of the ride.
- Seek Medical Care: Even if you feel fine initially, injuries can surface later. Get checked by a doctor to document any pain, bruising, or potential head injuries.
- Report the Accident Through the App: Notify Uber or Lyft about the crash through the app. This step begins the internal process for reporting and may help link your claim to their insurance coverage.
- Avoid Speaking with Insurance Adjusters Alone: Insurance companies—whether representing the driver, the other motorist, or the rideshare company—are focused on minimizing payouts. It’s best to consult with a personal injury attorney before providing statements or accepting settlements.
Common Injuries Sustained by Rideshare Passengers
Rideshare passengers often experience the same types of injuries seen in other car crashes. The difference is that passengers have no control over the situation. Common injuries include:
- Whiplash and soft tissue injuries
- Broken bones
- Concussions and traumatic brain injuries
- Spinal cord injuries
- Cuts and bruises from impact
- Internal organ damage
Even a minor collision can cause significant pain and require ongoing medical treatment. Keeping detailed medical records and following your doctor’s instructions will strengthen your personal injury claim.
Filing a Personal Injury Claim as a Passenger
As a passenger, you are rarely at fault for the crash. However, figuring out where to file your claim can be tricky because of the different insurance layers. Typically, your attorney will identify which party’s insurance applies based on the facts of the case. You may have to file against one or more of the following:
- The rideshare driver’s insurance
- Uber or Lyft’s commercial insurance policy
- The other driver’s insurance (if they caused the crash)
In some cases, multiple insurers may dispute responsibility. This is one reason why rideshare accident claims can take longer to resolve than standard auto accidents.
What Compensation Can Include
If you were injured as a rideshare passenger, you may be entitled to compensation for a variety of losses. These can include:
- Medical bills and future medical expenses
- Lost wages if you cannot work during recovery
- Pain and suffering
- Emotional distress
- Permanent disability or scarring
The amount of compensation depends on the severity of your injuries and how they impact your life. A personal injury lawyer can calculate both immediate and long-term costs to ensure your settlement reflects the full extent of your damages.
How Nevada’s Comparative Negligence Rule Applies
Nevada follows a modified comparative negligence system. This means an injured party can still recover damages as long as they are not more than 50 percent responsible for the accident. In most passenger cases, fault does not fall on the passenger, but this rule still affects the overall handling of the claim when multiple drivers are involved.
If both drivers share blame, for example, an attorney will work to determine each party’s level of fault and how that affects available compensation.
Why Legal Representation Matters
Rideshare accident claims often involve multiple insurance companies and complex negotiations. Having an attorney who understands Nevada’s personal injury laws can make a significant difference in the outcome of your case. A lawyer can:
- Investigate the cause of the crash and gather evidence
- Identify all possible insurance policies
- Handle communications with insurance adjusters
- Calculate fair compensation based on your injuries
- File a lawsuit if negotiations fail to result in a fair settlement
An experienced personal injury attorney in Clark County can help ensure you are not taken advantage of by large corporations or insurance companies trying to reduce your claim.
Safety Tips for Passengers
While accidents are sometimes unavoidable, there are ways to improve your safety during rideshare trips:
- Always check the driver’s name, license plate, and photo before getting into the car.
- Sit in the back seat and wear a seatbelt.
- Avoid distracting the driver.
- End the ride immediately if the driver appears impaired or drives recklessly.
These precautions help protect you and create a safer experience overall.
Seek Justice and Recovery with a Skilled Clark County Rideshare Accident Attorney
Navigating the aftermath of an Uber or Lyft accident can be confusing, but you don’t have to face it alone. At Maier Gutierrez & Associates, our Clark County rideshare accident attorneys understand the complexities of rideshare insurance policies and liability laws. We’ll guide you through each step of the process to ensure you receive fair compensation for your injuries and losses. Whether you were a passenger, driver, or pedestrian, our team is ready to advocate for your rights. Contact Maier Gutierrez & Associates today at 775-406-8981 for a free consultation with a trusted rideshare accident attorney in Clark County.