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Ridesharing has transformed how many people get from place to place. However, if you are the victim of a car accident in Phoenix involving a driver chauffeuring passengers who booked a ride with an app like Uber or Lyft, things can get complicated quickly.
Chances are that you will need an experienced car accident lawyer to determine which parties are liable and to negotiate with the driver’s and rideshare provider’s insurance companies.
Ridesharing is an integral part of our gig economy. Anyone with a car who is interested in earning money can register with a rideshare company; they make their own schedules and provide taxi-like services to anyone who makes a request through the company’s app. Drivers are independent contractors, not employees of the rideshare company.
All drivers in Arizona are required to carry automobile insurance. However, most individual policies do not cover accidents that happen when the car is used for commercial purposes (such as a taxi). Rideshare companies provide insurance for drivers, but their policies usually only cover accidents that occur after the driver accepts a fare or is en route to a pickup location.
Insurance companies for rideshare companies may argue that they are not liable for accidents because drivers are independent contractors. Questions and challenges regarding accident claims can also crop up if an accident occurs when the driver is logged into the app and available for hire but doesn’t have a passenger in the car or isn’t on their way to pick someone up.
| Driver Status at Time of Accident | Who Provides Insurance? | What Coverage Typically Applies? | Key Notes |
|---|---|---|---|
| Driver offline / not logged into app | Driver’s personal auto insurance | Standard personal policy | Rideshare company provides no coverage in this phase |
| Driver logged into app but hasn’t accepted a ride | Rideshare + driver’s personal insurance | Limited liability coverage (varies by company) | Often the most disputed phase because the driver is ‘available’ but not actively working a fare |
| Driver has accepted a ride or is en route to pick up a passenger | Rideshare company’s commercial policy | Higher liability limits | Coverage begins the moment a ride is accepted in the app |
| Passenger in the vehicle during a trip | Rideshare company’s commercial policy | Highest coverage limits, including liability, uninsured/underinsured motorist, and contingent collision | The most straightforward scenario for victims seeking compensation |
Some experts believe that ridesharing services help lower accident rates by offering a means for someone who has had too much to drink to get home without driving drunk. Others believe that rideshare drivers are at greater risk of accidents because they can be distracted by the ride-share app, unruly passengers, unfamiliarity with the areas where they are driving, pressure to pick up as many passengers as possible, and long shifts.
In Phoenix, driving can also be made more difficult by extreme heat. Even with air conditioning, driving for long hours in 115-degree heat can be exhausting. Occasional dust storms and ongoing road construction can also increase the chance of an accident.
Because of the complex nature of rideshare insurance, it may be difficult for an accident victim to prove which party is responsible for their losses, even for the most common car accident injuries Phoenix. Accidents could involve multiple parties (e.g., other drivers, rideshare companies, passengers, and pedestrians) and their respective insurance companies.
The commercial nature of ridesharing can also affect insurance claims, the legal process, and potential settlement amounts. For example, if you pursue the wrong party, you may jeopardize your ability to make a claim for any compensation in the future.
The personal injury attorneys at Gage Mathers can dive into the contractual relationships between the parties involved in an accident, the nuances of the insurance policies in place, and applicable Arizona personal injury laws. We can walk you through the steps to file a claim for a learner driver accident and guide you to a resolution to your accident claim!
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