The three coverage periods
Period 1
App off
The driver is just a person in a car. Their personal auto policy applies, and nothing more.
Period 2
App on, waiting
A limited contingent policy kicks in. Better than nothing, well short of what an injury is worth.
Period 3
Ride accepted / passenger in car
The full commercial policy is live. In New Jersey this is substantial, up to $1.5 million in liability coverage.
Here is the problem. You have no way of knowing which period applied. Only the app company does, and they are not going to volunteer it. Getting that data, and getting it before it is disputed, is the job.
Three different people, three different cases
I was the passenger in an Uber or Lyft.
You are almost certainly covered, and you are the most sympathetic party in the case. You did nothing but get in a car. The complication is that there may be two at-fault drivers and two carriers pointing at each other. You do not have to pick a side. We pursue both.
I was hit by an Uber or Lyft driver.
Now the period question is everything. If they had a passenger, you are looking at the commercial policy. If the app was off, you are looking at a personal policy that may not cover your injuries. This is where cases are won or lost, and it is decided by data the app company holds.
I drive for Uber or Lyft and I got hurt.
You are in the hardest position, and you get the least help. You are an independent contractor, so no workers’ compensation. Your personal auto policy likely excludes commercial use, so it may deny you outright. The app’s coverage depends on the period. Meanwhile you cannot work. Call us before you talk to anyone.
The app’s insurer will call you fast, and they will be pleasant
They will sound like they are helping. They may offer you money quickly. Understand what is happening: they are trying to close your claim before you know whether you have a herniated disc, before you have had an MRI, and before you have talked to a lawyer.
Once you sign a release, it is over. Even if you need surgery a year later.
Common questions
Can I sue Uber directly?
Usually not. Drivers are classified as independent contractors, which is precisely why that classification exists. But their insurance policy still pays, and that policy is large. The classification changes who you name, not whether you get paid.
I was the passenger. Do I sue my driver or the other car?
You do not have to choose. We pursue every policy that applies, and let the carriers sort out who owes what.
Does my own insurance matter if I was just a passenger?
It can, especially if the at-fault driver’s coverage is not enough. Your own uninsured and underinsured motorist coverage may still pay you. See our UM/UIM page.
What if I do not remember whether the app was on?
You would not. That data belongs to Uber or Lyft. We request it, and if they resist, we compel it.