What Happens if an Uber Driver Hits You While Waiting for a Ride Request?

The insurance situation gets complicated when an Uber or Lyft driver causes an accident while waiting for a rideshare request. The driver’s status in that situation gives insurance companies an opportunity to deny coverage. They might fight among themselves, or—even worse—work together to prove the accident victim caused the collision.

So, if an Uber driver hits you while waiting for a ride request, you need to work with an attorney who understands how to defeat the legal strategies employed by the corporate insurance companies and how to work effectively to secure full compensation for your losses.  

What Does “Waiting for a Ride Request” Mean?

Uber and Lyft drivers are assigned a status based on what they are doing, and “waiting for a ride request” is one type of status. It means the driver has turned on the rideshare app and is logged into the system, ready to accept ride requests, but hasn’t accepted one yet. They are in standby, ready to work but not yet actively working for Uber. To understand this status, it helps to compare it with the other status situations. An Uber driver may be:

• Transporting a passenger
• Driving to pick up a passenger after accepting a ride request
• Waiting for a ride request with the app turned on
• Driving with the app turned off

Waiting for a ride request is a transition status that puts the driver in limbo. Even if the driver is actively seeking a ride request they can accept, Uber might argue that the driver wasn’t really interested in working and was just driving around on personal business.

What Insurance Applies When an Uber Driver is Waiting for a Ride Request?

Uber provides insurance for its drivers, but that coverage doesn’t apply in every situation. When a driver is picking up or carrying a passenger, then full coverage applies. When the driver has the app turned off, the driver is considered off duty, and the rideshare company’s insurance does not apply. Uber requires drivers to have their own personal insurance, and that is supposed to cover accidents that occur when a driver is logged out of the app.

When a driver is waiting for a ride request, insurance coverage becomes complex. Uber provides contingent coverage that meets the state minimum. In Texas, that means coverage is limited to $50,000 per injured person, and if more than two people are hurt, there is a $100,000 maximum that must be shared among victims. The rideshare company considers this to be secondary coverage. They expect the driver’s personal insurance to be the first source of recovery if an accident occurs while the driver is waiting for a ride request.

The driver’s personal insurance provider is likely to contest coverage in many cases, arguing that the driver’s commercial status at the time of the accident means that coverage does not apply. With both insurance companies trying to avoid liability, they can easily ignore the victim’s needs. Or the insurance companies might both argue that the victim’s actions caused the collision and that therefore the victim should not receive any compensation whatsoever. It is vitally important to work with an experienced attorney who can fight to protect your interests if you were hit by an Uber driver who was waiting for a ride request.

FAQs About Accidents with Uber Drivers Who Are Waiting for Ride Requests

Can I get compensation if an Uber driver hits me while waiting for a passenger?

Yes, you can receive compensation for your losses, but you will need to work hard to show that the Uber driver was primarily responsible for causing the collision and that the driver was operating within the scope of insurance coverage.

What compensation can an injured person recover if hit by an Uber driver who is waiting for a passenger?

A dedicated attorney can work to recover compensation for a wide array of consequences, including:

• Emergency medical care, surgery, and other medical expenses
• Wages lost due to time off work
• Future anticipated medical care
• Reductions in earnings anticipated for the future
• Damage to your vehicle
• Pain and suffering
• Emotional anguish
• Damage to the quality of life

What if the insurance company argues that I’m at fault?

The Texas law of proportionate responsibility, also known as comparative negligence, specifies that if you are shown to be more than 50% at fault for causing your injuries, then you cannot recover compensation. Insurance companies may try to place the majority of the blame on you even though you were the one who got hit. 

Gather evidence of causation as soon as possible so you can prove the Uber driver was the primary cause of the accident. If your actions were partially to blame for the collision, so long as your share of the blame is 50% or less, you can still receive compensation, but the amount will be reduced.

What should I do after being hit by an Uber driver?

If you’ve been in an Uber accident:

• Call 911 to get police and medical personnel on the scene
• If possible, take photos of the accident scene and people and vehicles involved
• Try to get information including the name of the Uber driver and their contact and insurance information
• Try to learn the Uber driver’s status at the time of the collision
• Get contact information from witnesses
• Get a thorough medical exam even if you do not feel injured
• Don’t talk about the cause of the accident to anyone other than your attorney
• Be aware that anything you say and do can be used against you later

It is a good idea to consult an attorney who can help you avoid mistakes that could jeopardize your claim. Don’t answer questions from the insurance company or make a statement about the accident until you understand your legal rights. Before agreeing to accept any settlement, be sure you understand the full value of your claim and the likely extent of your future medical needs. Accepting a settlement ends your legal rights.

Work with an Attorney Who is Ready to Fight for Maximum Compensation

Insurance companies often wrongfully claim that an accident falls outside the scope of coverage. When an accident is caused by an Uber driver waiting for a ride request, they often convince victims that no recovery is available or that the victim is not entitled to compensation.

At DeKeyzer Law, we know how to see past their legal arguments to uncover the truth. But you should start collecting evidence as soon as possible after a collision, so the longer you wait to call us, the harder it may be to secure full compensation on your behalf. Call us at 713-904-4004 or contact us online to schedule a free consultation and case evaluation to learn what may be possible if you’ve been hit by an Uber driver.