Rideshare accidents raise a question car-accident claims don’t: which insurance policy actually applies depends on what the Uber or Lyft driver’s app was doing at the moment of the crash.
Who Is Liable in an Uber or Lyft Accident in Colorado?
Colorado is an at-fault state, so the driver who caused the crash is generally liable for the resulting injuries and damages — the same as in any other car accident. If fault is shared between the rideshare driver and another motorist, Colorado’s modified comparative negligence rule (CRS § 13-21-111) applies: a claimant can still recover as long as their own share of fault is under 50%, with the recovery reduced by that percentage. What makes rideshare cases different is identifying which insurance policy responds, since Uber and Lyft drivers are classified as independent contractors carrying their own personal policies on top of the company’s coverage.
What Insurance Coverage Applies During a Rideshare Trip?
Coverage depends on the driver’s app status at the time of the crash. If the app was off, only the driver’s personal auto policy applies. If the app was on and the driver was waiting for a ride request, Uber and Lyft provide contingent liability coverage of $50,000 per person and $100,000 per accident for bodily injury, plus $25,000 for property damage. Once the driver accepts a ride request — from pickup through drop-off — that coverage increases to $1 million in liability coverage. Colorado law (House Bill 22-1089, effective August 10, 2022) separately requires the rideshare company to provide uninsured/underinsured motorist coverage of at least $200,000 per person and $400,000 per occurrence for drivers and riders during a prearranged ride, and the company isn’t allowed to decline that coverage during the periods when the driver is logged into the app.
What If I Was a Passenger When the Rideshare Driver Caused the Crash?
If you were riding in the Uber or Lyft and the driver caused the crash, the $1 million commercial liability policy is typically what responds to your injury claim rather than the driver’s personal insurance. These claims are handled by the rideshare company’s insurer, which means dealing with a well-resourced claims process from the start.
What If Another Driver Hit the Rideshare Vehicle?
If a separate driver caused the crash, their liability insurance is the primary source of recovery, with the rideshare company’s uninsured/underinsured motorist coverage (at least $200,000 per person / $400,000 per occurrence under House Bill 22-1089) available as a backstop if that driver is uninsured or underinsured.
Do I Need a Lawyer After a Rideshare Accident?
Rideshare claims involve more moving parts than a typical two-car accident — multiple potential policies, a corporate insurer, and sometimes disputes over which coverage period applies. An attorney can sort out which policy responds to your claim and push back when an insurer tries to minimize payout by disputing the driver’s app status at the time of the crash.
Hurt in an Uber or Lyft accident in Colorado? Mile High Legal represents injured passengers and other drivers in rideshare accident claims throughout the Denver area. Reach out to discuss what happened and what your claim may be worth.
