Uber and Lyft make it easier to get around Charlotte, but a rideshare crash can leave an injured person dealing with several companies, insurance policies and versions of what happened. The right insurance coverage may depend on whether the driver was logged out, waiting for a request, driving to pick up a passenger or completing an accepted ride.
If you were injured as a passenger, rideshare driver, occupant of another vehicle, pedestrian or cyclist, Dr. Ted Injury Law can review what happened and help you understand your options. Call (800) 693-7833 or request a free case review online. The consultation is free. There is no fee unless we win.
Who Can Have a Claim After a Charlotte Rideshare Accident?
Rideshare crashes are not limited to passengers inside an Uber or Lyft vehicle. Depending on who caused the collision, an injury claim may involve:
- A passenger injured while the rideshare driver was traveling to a destination.
- A rideshare driver injured by another motorist while waiting for or completing a ride.
- A driver or passenger in another vehicle struck by an Uber or Lyft driver.
- A pedestrian or cyclist hit while a rideshare driver was picking up, dropping off or transporting a passenger.
- A family member seeking answers after a fatal rideshare collision.
The injured person’s role matters because it can affect which liability, uninsured motorist or underinsured motorist coverage may apply. The identity of the at-fault driver also matters. A rideshare company’s policy is not automatically responsible for every crash involving a vehicle used for Uber or Lyft.
How North Carolina Rideshare Insurance Changes With App Status
North Carolina law divides rideshare driving into different insurance periods. The driver’s app status at the time of the collision can materially change the available coverage.
The Driver Was Logged Out
If the driver was not logged into the rideshare app, the crash is generally handled under the insurance policies that would ordinarily apply to a private vehicle accident. Coverage still depends on the language, exclusions and limits of each policy.
The Driver Was Logged In and Waiting for a Ride Request
When a driver is logged in but has not accepted a passenger’s request, North Carolina requires primary liability insurance of at least $50,000 for bodily injury to one person, $100,000 for bodily injury to two or more people in one accident and $25,000 for property damage. The law also requires combined uninsured and underinsured motorist coverage that complies with North Carolina requirements.
The Driver Had Accepted a Ride
North Carolina defines rideshare service as beginning when the driver accepts a ride request. It ends at the later of two events: when the driver completes the transaction in the app or when all passengers have exited and finished unloading. During that period, the law requires at least $1 million in primary automobile liability insurance for an accident, along with combined uninsured and underinsured motorist coverage that meets state requirements.
The required coverage may be maintained by the rideshare driver, the transportation network company or a combination of the two. The $1 million requirement does not apply merely because a person sometimes drives for Uber or Lyft. The accepted-ride status and precise timing must be established.
You can read the operative definitions in North Carolina G.S. 20-280.1 and the insurance requirements in North Carolina G.S. 20-280.4.
Why a Personal Auto Policy May Not Cover Rideshare Driving
A driver may have a personal auto policy and still face a coverage problem. North Carolina law permits personal auto insurers to exclude losses that occur while the driver is logged into a transportation network company’s platform or providing rideshare service. Those exclusions can affect liability, medical payments, uninsured and underinsured motorist, comprehensive and collision coverage.
The North Carolina Department of Insurance advises drivers to disclose rideshare or delivery work to their insurers and confirm that they have the right coverage. An injured person should not assume that the policy card found in the vehicle identifies every applicable policy. A claim may require reviewing the driver’s personal policy, rideshare coverage, the policies covering other vehicles and any applicable uninsured or underinsured motorist coverage.
For additional consumer information, see the North Carolina Department of Insurance guidance for rideshare and delivery drivers.
Who May Be Responsible for a Rideshare Crash?
A rideshare accident may involve more than one potentially responsible person or insurer. The facts may point to:
- The Uber or Lyft driver, if careless driving caused the crash.
- Another motorist who struck the rideshare vehicle.
- Multiple drivers who each contributed to a multi-vehicle collision.
- A vehicle owner or other party whose conduct contributed to the accident.
- An uninsured or underinsured motorist policy when an at-fault driver lacks enough coverage.
Claims involving the rideshare platform itself require a fact-specific legal analysis. Insurance coverage and legal responsibility are related questions, but they are not the same question. A large policy limit does not prove fault, guarantee payment or establish the value of an injury claim.
Evidence That Can Establish App Status and Fault
Ordinary crash evidence remains important, including the police report, photographs, witness information, vehicle damage, medical records and available video. Rideshare cases can also produce digital evidence that does not exist in a typical car accident.
Useful records may include:
- The passenger’s trip receipt, ride ID and pickup and destination information.
- Exact times when the driver logged into and out of the app.
- The time a ride was requested, accepted, started and completed.
- GPS and route information associated with the trip.
- Messages between the passenger and driver.
- Dashcam, traffic-camera, business-surveillance or doorbell-camera video.
- Phone records and other evidence relevant to distraction.
- Vehicle event data, inspection records and repair information when relevant.
North Carolina’s rideshare statute requires directly involved parties to exchange policy information and precise app and service times from the 12 hours before and the 12 hours after an accident during a coverage investigation. Even so, it is wise to preserve your own screenshots, receipts and communications. Digital records can be changed, overwritten or become harder to obtain with time.
What to Do After an Uber or Lyft Accident in Charlotte
- Call 911 and address immediate medical needs. Ask for emergency assistance when needed and make sure the collision is documented.
- Get appropriate medical care. Some injuries are not obvious at the scene. Follow the advice of qualified medical professionals and keep records of your care.
- Identify everyone involved. Obtain driver, vehicle, insurance and witness information. If you were a passenger, save the driver’s profile and vehicle information shown in the app.
- Photograph and record the scene. Capture vehicle positions, damage, road conditions, traffic controls and visible injuries when it is safe to do so.
- Save the digital trip record. Take screenshots of the ride receipt, route, driver information, messages and any crash report submitted through the app. Do not delete the app or related communications.
- Be accurate when reporting the crash. Provide necessary facts, but avoid guessing about speed, fault, injuries or what a driver was doing.
- Consider getting legal guidance before accepting a settlement. A quick offer may not account for ongoing medical care, time away from work or every available policy.
What Compensation May Be Available?
The losses that may be recoverable depend on the facts, medical evidence, insurance coverage and applicable law. They may include:
- Emergency treatment, hospital care, rehabilitation and other medical expenses.
- Lost income and reduced ability to earn in the future.
- Physical pain, emotional effects and loss of enjoyment of life.
- Vehicle damage and other damaged personal property.
- Future care or support made necessary by a lasting injury.
North Carolina’s contributory-negligence rules can make disputed-fault cases especially important to investigate carefully. Insurers may examine statements, video, vehicle positions and other evidence when arguing about responsibility. Do not assume that being accused of partial fault ends the analysis. The evidence and available legal arguments should be reviewed.
Passenger Rides and Delivery Driving Are Different
Uber Eats, DoorDash, Instacart, Shipt and similar delivery services do not necessarily fall under the same passenger-rideshare insurance rules described above. Coverage can depend on the platform, the driver’s personal policy, any commercial endorsement, whether an order had been accepted and other policy terms.
If your collision involved a driver delivering food, groceries or another order, see our guide to Charlotte delivery-driver accident claims.
Talk With a Charlotte Uber and Lyft Accident Lawyer
A rideshare claim can turn on a few minutes of app activity, several insurance policies and evidence that an injured person may not be able to obtain alone. Dr. Ted Injury Law can investigate the crash, identify potentially applicable coverage and explain the available next steps.
Call (800) 693-7833 or request a free case review. The consultation is free. There is no fee unless we win.