Key Takeaways
- Coverage depends on the driver's ride status: Uber and Lyft provide $1 million in coverage when a ride is active, but only limited coverage ($50K/$100K/$25K) when the app is on but no ride is accepted.
- Insurers will try to shift blame to each other: The driver's personal insurer, the rideshare insurer, and any other at-fault driver's insurer will all try to avoid paying — requiring strategic coordination.
- Ride status data is crucial and obtainable: Uber and Lyft track exactly what phase the driver was in at the time of the crash, and this data can be subpoenaed to determine which insurance applies.
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. Under 47 O.S. § 7-600, all motor vehicle operators in Oklahoma must carry liability insurance, but rideshare drivers face additional complexity because of overlapping commercial and personal coverage.
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, the 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.
Frequently Asked Questions
What should I do if I'm in an Uber or Lyft accident as a passenger?
Seek medical attention immediately, even if injuries seem minor. Photograph the scene, take a screenshot of your ride in the app, and get the driver's information. Report the incident through the Uber or Lyft app. Do not give recorded statements to any insurance company before consulting an attorney, as multiple insurers may be involved.
Can I sue Uber or Lyft directly for my injuries?
Generally, Uber and Lyft classify drivers as independent contractors, which limits direct liability claims against the companies themselves. However, their commercial insurance policies provide up to $1 million in coverage during active rides. In some cases, claims against the company may be viable based on negligent vetting or platform-related issues.
What if the Uber or Lyft driver who hit me claims the app was off?
Drivers sometimes claim the app was off to avoid triggering the rideshare company's commercial insurance. However, Uber and Lyft maintain detailed records of driver app activity, ride requests, and GPS data. Your attorney can subpoena this data to establish the driver's actual status at the time of the crash.
Does my own car insurance cover me in a rideshare accident?
Possibly. Your own uninsured/underinsured motorist (UM/UIM) coverage may apply if the at-fault driver's insurance is insufficient. If you were a passenger in the rideshare, your policy may also provide medical payments coverage. Review your policy or consult an attorney to understand your specific coverage.
What if I'm injured by a third-party driver while riding in an Uber or Lyft?
File a claim against the at-fault third-party driver's insurance first. If their coverage is insufficient, Uber/Lyft's uninsured/underinsured motorist coverage (up to $1 million during active rides) may supplement your recovery. Your own UM/UIM coverage may also apply.
How long do I have to file a rideshare accident claim in Oklahoma?
Oklahoma's statute of limitations for personal injury claims is two years from the date of the accident. However, you should act quickly because evidence preservation is critical — rideshare data, dashcam footage, and surveillance recordings can be lost if not preserved promptly.
