How Rideshare Accident Claims Differ from Standard Car Accident Cases
Rideshare services like Uber and Lyft have transformed transportation across Colorado and the rest of the country, offering convenience, affordability, and accessibility. But as more people turn to rideshare apps for everyday travel, the number of related accidents has also increased.
If you or a loved one has been injured in a rideshare accident in Colorado, it’s important to understand how these cases differ from standard car accident claims.
At Downs McDonough & Foley, LLC, our experienced Colorado injury attorneys help clients work through the complicated nature of rideshare accident claims. From identifying liable parties to dealing with multi-layered insurance policies, these cases involve unique challenges that require a skilled and informed legal approach.
The Rise of Rideshare Accidents in Colorado
Rideshare services operate in virtually every community across Colorado, including rural and tourist-heavy areas. With increased rideshare usage comes an increased risk of injury—from reckless drivers to unsafe road conditions.
Unlike traditional car accident cases, rideshare incidents introduce another layer of complication: Is the driver working as a private individual, or are they acting on behalf of a company like Uber or Lyft at the time of the accident? The answer to this question impacts everything from how a claim is filed to who is financially responsible for the injuries.
Key Differences Between Rideshare and Standard Car Accident Claims
While the core elements of a car accident—such as negligence and causation—remain relevant, four critical distinctions make rideshare accident claims more complicated.
1. Involvement of a Third-Party Corporation
In a standard car accident, liability typically rests with one or both of the drivers involved. However, in a rideshare accident, a third-party company may be indirectly involved, which can significantly alter the legal process.
Rideshare companies like Uber and Lyft generally classify their drivers as independent contractors, not employees, which they use to limit liability.
This classification can affect your ability to sue the rideshare company directly, even if the app facilitated the ride that led to the accident.
As a result, victims may find themselves negotiating a more complicated path to compensation, often having to prove not just fault, but also the extent of the company’s involvement or oversight
2. Different Insurance Structures
One of the most significant differences in rideshare accident cases is the insurance coverage structure, which changes based on the driver’s activity at the time of the crash.
If the rideshare app is off, the driver’s personal auto insurance applies, just like in a regular accident.
If the app is on and the driver is waiting for a ride request, the company provides contingent liability coverage, which typically includes limited liability insurance (for example, $50,000 per person and $100,000 per accident in bodily injury).
If the driver has accepted a ride or is transporting a passenger, Uber and Lyft both provide up to $1 million in commercial liability coverage, which can apply to both passengers and third parties.
Understanding these phases is essential for knowing which policy covers your damages.
3. More Complicated Liability Investigations
Standard car accidents often involve straightforward investigations: who was driving, who was at fault, and what insurance coverage applies. Rideshare cases complicate this with additional considerations.
You must establish not only who was negligent, but also what status the rideshare driver was in at the time of the accident.
Determining whether the app was on or off, or if the driver was en route to pick someone up, may require a subpoena of digital records or rideshare logs.
Multiple parties may share liability, including the rideshare company, another driver, a pedestrian, or even a municipality responsible for unsafe road conditions.
4. Unique Claim Filing Processes
Due to the presence of corporate insurance policies and the driver’s independent contractor status, filing a rideshare accident claim often means dealing with multiple insurance companies.
This may include the driver’s personal insurance provider, the rideshare company’s insurance adjusters, and the insurance providers of other involved drivers. Each insurer may attempt to deny or limit its responsibility, which can delay compensation and lead to frustrating back-and-forth negotiations.
What to Do After a Rideshare Accident in Colorado
If you're involved in a rideshare accident, whether as a passenger, another driver, or a pedestrian, there are important steps you should take to protect your rights and build a strong case.
Seek medical attention immediately, even if you feel fine, as injuries can worsen over time and medical records are crucial to any personal injury claim.
Report the accident to the police and make sure a detailed accident report is filed, noting that the driver was working for a rideshare company.
Gather evidence at the scene, including photos of vehicle damage, license plates, injuries, and road conditions.
Get the contact information of all involved parties, including the rideshare driver, other drivers, passengers, and any witnesses.
Report the accident to the rideshare company using their app or customer support system, and keep a copy of your report or correspondence.
Contact a personal injury attorney as soon as possible to help you work through the next steps and preserve evidence.
Rideshare companies and their insurers are trained to minimize payouts. Having legal representation from the start helps to make sure your case is taken seriously.
Who Can File a Rideshare Accident Claim?
In Colorado, several types of individuals may be eligible to pursue a claim following a rideshare accident:
Passengers in the rideshare vehicle who suffer injuries during a ride.
Drivers of other vehicles who are hit by a rideshare driver.
Pedestrians or cyclists injured by a rideshare driver.
Rideshare drivers themselves, if another driver’s negligence caused the accident.
Each of these scenarios comes with its own legal nuances, and consulting an attorney is crucial to determine the best course of action.
Types of Compensation Available
Victims of rideshare accidents may be entitled to various forms of compensation, just as with standard personal injury cases. These include:
Medical expenses, including hospital visits, surgeries, physical therapy, and long-term care needs.
Lost wages, both present and future, if your injuries prevent you from working.
Pain and suffering, for the physical and emotional toll the accident has caused.
Property damage, such as repairs or replacement costs for a damaged vehicle.
Loss of enjoyment of life, if your injuries result in a reduced quality of life.
Because rideshare accidents often involve corporate insurers, obtaining fair compensation can be more challenging and typically requires professional legal support.
Statute of Limitations in Colorado
Like all personal injury cases in Colorado, rideshare accident claims are subject to a statute of limitations—the legal time frame within which you must file a lawsuit. Under Colorado law, most car accident victims have three years from the date of the accident to file a claim.
However, exceptions can apply, especially if the accident involves a government vehicle or entity, so it’s important to consult an attorney right away to avoid missing your window to seek justice.
Common Challenges in Rideshare Accident Claims
Victims of rideshare accidents often face a variety of hurdles that don't typically arise in traditional car crash cases:
Determining whether the driver was “on the clock” for the rideshare company can be unclear without access to app data or rideshare company logs.
Corporate insurance adjusters may delay or deny claims, hoping victims will settle quickly for less than they deserve.
Independent contractor status complicates liability, making it difficult to sue Uber or Lyft directly unless the company’s own negligence can be proven.
Conflicting insurance policies can result in disputes over which provider is responsible for covering damages, leading to lengthy negotiations.
These challenges highlight the need for an experienced legal team that understands the intricacies of rideshare litigation.
How Downs McDonough & Foley, LLC Can Help
At Downs McDonough & Foley, LLC, we bring years of experience handling complicated personal injury cases across Durango, Colorado, Pagosa Springs, Colorado, Cortez, Colorado and the greater Four Corners region. Rideshare accidents aren’t your average car crash. They require a strategic, detail-oriented approach and a willingness to stand up to big corporations and insurance companies.
When you hire our firm, you can expect us to:
Conduct a thorough investigation to determine liability and recover crucial evidence, including rideshare app logs and driver background information.
Handle all communication with insurance companies, so you can focus on recovery while we negotiate on your behalf.
Build a comprehensive case for damages, using expert testimony, medical records, and witness statements.
Fight for your right to full compensation, even if that means taking your case to court.
We treat every case with compassion, urgency, and a commitment to justice—because we know what's at stake for you and your family.
Don't Let the System Overwhelm You
Rideshare accident claims are anything but straightforward. From overlapping insurance policies to liability loopholes, these cases can easily overwhelm even the most prepared accident victim. That’s why it’s essential to work with a personal injury attorney who understands the unique challenges rideshare cases present.
Contact Us Today
If you’ve been injured in a rideshare accident, contact Downs McDonough & Foley, LLC today for a free consultation. We are located in Durango, Colorado, and we serve clients in Pagosa Springs, Cortez, and the Four Corners region. We’re here to help you get answers and compensation. Give us a call today.