Rideshare accidents in Oklahoma create insurance nightmares. Unlike traditional car accidents with one liable driver and one insurance policy, Uber and Lyft crashes involve multiple potential insurance policies—and each insurer will try to shift responsibility to another.
If you've been injured in a rideshare accident, understanding which insurance applies—and when—is essential to getting compensated.
The Three Phases of Rideshare Insurance
Uber and Lyft drivers aren't covered by company insurance at all times. Coverage depends on where the driver was in the ride cycle:
Phase 1: App Off
When the rideshare app is completely off, the driver is just another motorist. Only their personal auto insurance applies—and personal policies typically exclude commercial activity.
If you're hit by an off-duty rideshare driver, treat it like any other car accident claim.
Phase 2: App On, Waiting for a Ride
When the driver has the app on but hasn't accepted a ride request, limited coverage kicks in:
- Uber/Lyft provide: $50,000 per person for bodily injury, $100,000 per accident, $25,000 property damage
- Personal insurance: May or may not apply, depending on policy exclusions
This "waiting period" coverage is relatively low. If you're seriously injured during this phase, the available insurance may not cover your full damages.
Phase 3: En Route to Pickup or Carrying Passengers
Once the driver accepts a ride and is en route to pick up a passenger—or actively transporting passengers—the full rideshare insurance applies:
- $1 million liability coverage for injuries to third parties
- Uninsured/underinsured motorist coverage
- Contingent comprehensive and collision (if the driver has personal coverage)
This is where the real coverage exists. If you're injured while a passenger in an Uber or Lyft, or hit by a rideshare driver with an active fare, you're looking at the $1 million policy.
Who You Might Need to Claim Against
Depending on the circumstances, your claim might involve:
The rideshare driver's personal insurance — Their policy may disclaim coverage for commercial activity, but the claim should still be filed.
The rideshare company's policy — Uber and Lyft carry their own commercial policies that cover drivers during certain phases.
Another at-fault driver — If someone else caused the crash, their insurance is primary.
Your own UM/UIM coverage — If the at-fault driver is uninsured or underinsured, your policy may apply.
Health insurance — For immediate medical treatment while liability is determined.
Common Scenarios and Which Insurance Applies
You're a Passenger in an Uber/Lyft That Crashes
If your driver caused the crash: File against Uber/Lyft's commercial policy ($1 million coverage). You don't need to prove the driver was negligent toward you specifically—you just need to show the driver caused the accident.
If another driver caused it: File against the at-fault driver's insurance. If that's insufficient, Uber/Lyft's UM/UIM coverage may supplement.
You're Hit by an Uber/Lyft Driver While Walking or Driving
Check the driver's ride status:
- No app activity: Personal insurance only
- App on, waiting: Limited rideshare coverage ($50K/$100K/$25K)
- Active ride: Full $1 million commercial coverage
Uber and Lyft are required to track this status, and the data can be obtained in litigation.
The At-Fault Driver Is Rideshare, But Denies Having a Passenger
Drivers sometimes lie about having the app on to avoid commercial insurance implications. We can subpoena ride data from Uber and Lyft to establish the driver's actual status at the time of the crash.
Why Rideshare Claims Get Complicated
Insurers Point Fingers
The driver's personal insurer will claim the rideshare exclusion applies. Uber/Lyft's insurer will argue the driver wasn't actually "on duty." Everyone hopes you'll give up or accept less than you deserve.
Coverage Gaps
Drivers in "Phase 2" (app on, waiting) have relatively low coverage. If you're seriously injured during this window, available insurance may be inadequate.
Multiple Potential Defendants
When an at-fault third party is involved alongside a rideshare vehicle, four or more insurance policies may be in play. Coordinating claims and maximizing recovery requires careful strategy.
Determining Ride Status
Which phase the driver was in at the moment of impact determines everything. This requires obtaining:
- Uber/Lyft trip data
- GPS logs
- Driver app activity records
- Passenger app data (if applicable)
Oklahoma-Specific Rules
Comparative Negligence
Oklahoma's comparative fault system applies to rideshare accidents. If you share any responsibility, your recovery is reduced proportionally—but you can still recover if you're 50% or less at fault.
UM/UIM Requirements
Oklahoma requires insurers to offer UM/UIM coverage, which becomes important when rideshare phase coverage is insufficient or the at-fault driver is uninsured.
Commercial Insurance Requirements
Oklahoma requires rideshare companies to maintain specific insurance levels during each phase—matching what we've described above.
Steps to Protect Your Claim
- Get the driver's information—Name, insurance, license plate, and confirm whether they're driving for Uber or Lyft
- Screenshot or photograph the rideshare app if you were a passenger
- Get witness contact information
- Document injuries immediately—ER visits create contemporaneous records
- Don't give recorded statements to any insurance company without legal advice
- Report to the rideshare company through the app
- Contact an attorney before accepting settlements
We Handle Rideshare Accident Claims
Rideshare accidents require attorneys who understand the insurance landscape and know how to navigate competing carriers. We've successfully handled claims involving Uber and Lyft crashes throughout Oklahoma and know how to maximize recovery when multiple policies are involved.
If you've been injured in a rideshare accident—as a passenger, another driver, or pedestrian—contact us for a free case evaluation. We'll determine which insurance applies and build a strategy to pursue full compensation.
Need Strategic Counsel?
Navigating complex legal landscapes requires more than just knowledge; it requires strategic foresight. Contact Addison Law Firm today.
*This article is for general information only and is not legal advice.*
