Fayetteville Rideshare Accident Attorney

This is a common coverage gap question. Rideshare insurance coverage depends on the driver’s app status at the time of the accident. If the driver was offline—meaning the app was not active—the rideshare company’s insurance does not apply. In this situation, only the driver’s personal auto insurance provides coverage.

However, the driver’s personal auto insurance may deny coverage if the driver was using the vehicle for rideshare purposes. Many personal auto policies exclude coverage for commercial rideshare activities. This creates a coverage gap where the victim has no insurance to pursue.

If the driver was waiting for ride requests with the app active but not transporting a passenger, limited rideshare company coverage applies ($50,000-$100,000, depending on the company, such as Lyft and Uber). This coverage is often insufficient for serious injuries.

Our investigation determines the driver’s exact app status at the time of the accident. We then identify all available insurance coverage and pursue claims against every applicable policy. We also explore other recovery sources, such as your own underinsured motorist coverage or third-party liability if another vehicle caused the accident.

This is a frequently misunderstood question. You cannot sue Uber or Lyft directly for the driver’s negligence because the driver is an independent contractor, not an employee. The rideshare companies have successfully argued that they are not responsible for driver conduct under independent contractor relationships.

However, you can pursue claims against the rideshare company’s insurance policy. When the driver is actively transporting passengers or waiting for ride requests with the app engaged, the rideshare company’s commercial insurance provides coverage. We file claims against this insurance to recover compensation.

Additionally, the rideshare company may be liable in limited circumstances such as negligent hiring (failing to properly screen drivers), negligent retention (keeping drivers with dangerous histories), or negligent maintenance (failing to maintain vehicles). These claims are more difficult to establish but may apply in specific situations.

Our attorneys evaluate whether direct company liability exists in your case and pursue all available claims against the company and its insurance.

Your immediate actions after a rideshare accident significantly impact your case. Follow these steps:

Seek Medical Attention First. Your health is the priority. Call 911 if anyone is injured. Even if you feel fine, some injuries don’t manifest immediately. Get evaluated by medical professionals and follow their recommendations for treatment.

Document the Scene. Take photographs and video of vehicle damage, accident scene conditions, traffic signals, and road conditions. Photograph the other vehicle’s license plate and insurance information. Note the date, time, and weather conditions.

Gather Witness Information. Obtain names and contact information from anyone who witnessed the accident. Witness statements are valuable evidence if the case proceeds to litigation.

Report to Authorities. Call the police and file an accident report. Obtain the police report number for your records.

Report to the Rideshare Company. Notify Uber or Lyft through their app. Document your report and any communications with the company.

Preserve Evidence. Keep all medical records, repair estimates, receipts for accident-related expenses, and communications with insurance companies.

Do Not Admit Fault. Avoid discussing fault or signing documents without legal review. Insurance adjusters may try to obtain statements that minimize your claim.

Contact an Attorney. Before speaking with insurance companies, contact Odom Law Firm for legal guidance. We protect your rights and ensure you don’t inadvertently harm your case.

Each case is unique, and case value depends on multiple factors. We evaluate:

Injury Severity is the primary factor. More serious injuries justify higher compensation. Permanent injuries, disabilities, or disfigurement increase case value significantly.

Liability Clarity affects settlement value. Clear liability cases settle for higher amounts than disputed liability cases. If the rideshare driver was obviously at fault, insurance companies settle more readily.

Insurance Policy Limits cap available recovery. If the at-fault driver’s insurance limit is $100,000 but your damages total $500,000, you may pursue additional recovery from other sources or through litigation.

Medical Documentation supports damage claims. Comprehensive medical records, expert opinions, and treatment recommendations strengthen your case and justify higher compensation demands.

Lost Income and reduced earning capacity add significant value to cases involving permanent disability or inability to return to work.

Pain and Suffering multipliers vary based on injury severity and permanence. Serious injuries typically receive higher multipliers than minor injuries.

Rideshare accident settlements vary widely depending on the circumstances of the case. Minor injuries may result in relatively modest settlements, while serious injuries often lead to substantially higher compensation. Cases involving permanent disabilities or fatal accidents can result in the most significant settlement amounts.

We provide a detailed case evaluation during your free consultation, explaining the factors affecting your case value and our settlement strategy. We never guarantee specific outcomes, but we work aggressively to maximize your recovery.