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It’s the new American hustle: clocking into an app instead of an office, picking up strangers instead of clocking out. With the rise of Uber and Lyft, millions of drivers now operate in a strange gray zone between freedom and exploitation. And when accidents happen—as they inevitably do—the question is clear, the stakes are high, and the legal answers aren’t always in black and white: do rideshare drivers have the same legal protections as everyone else on the road?
The answer may surprise you—and not in a good way.
First, let’s address the elephant in the backseat: rideshare drivers are not considered employees. They’re labeled “independent contractors”—a classification that’s become the most powerful legal shield Silicon Valley has ever invented. It allows companies to grow without offering healthcare, unemployment benefits, or workers’ comp to the very people powering their platforms.
But when a rideshare driver is involved in an accident—whether they’re the victim or the cause—this murky employment status becomes a legal minefield. And if you’re the one injured, the clock is ticking on figuring out where to turn.
Traditional employees have clear rights. They’re protected by federal and state labor laws, entitled to benefits, and covered if they get injured on the job. Rideshare drivers? Not so much.
No workers’ comp if injured while driving
No unemployment if they’re deactivated from the platform
No right to unionize or collectively bargain
Limited ability to sue for wrongful termination
It’s a David vs. Goliath scenario—but in this case, Goliath built the app and controls the payout button.
If you’re injured in a rideshare-related crash, everything hinges on what the driver was doing at the exact moment of the collision. Seriously—it matters whether they were waiting for a ping, en route to pick up a rider, or off the clock entirely.
The driver’s logged in, waiting for a fare. During this window, coverage is minimal. Uber and Lyft offer limited liability coverage—typically $50,000 per person for bodily injury and $25,000 for property damage.
But if a pedestrian is hit? Or another car is totaled? That’s barely enough to cover a trip to the ER. And drivers often discover their personal insurance doesn’t want to pay either—because they were “working.”
This is where things get serious. The rideshare company now provides up to $1 million in liability coverage. This sounds great—until the company starts ducking, dodging, and delaying.
They’ll argue the driver wasn’t really on a trip. Or that it was the passenger’s fault. Or that you should settle for a tenth of what your injury is worth.
When the app is off, you’re just another driver. That means the company walks away, and you’re left dealing with the driver’s personal insurance—assuming they have it, and assuming it covers commercial use. Spoiler alert: it usually doesn’t.
Let’s say a rideshare driver rear-ends you. It seems simple—driver at fault, you’re injured, they pay.
But here’s where things turn: the driver says they were “off duty.” Their personal insurance denies the claim, saying rideshare work voids the policy. The rideshare company says they weren’t on a trip, so it’s not their problem.
You? You’re stuck in legal limbo with hospital bills piling up.
That’s the game. That’s the design.
A UPS driver injured on the job? Covered. An Uber driver injured on the job? Not unless they bought their own private coverage—something many can’t afford. As independent contractors, rideshare drivers don’t have access to workers’ compensation, even though they’re just as exposed to risk—arguably more so, since they’re constantly on the road.
So if a rideshare driver crashes and is injured while actively transporting a customer, they’re left holding the bag unless they took extraordinary steps to protect themselves. And most haven’t. Why would they? No one told them they needed to.
Despite the uphill battle, rideshare drivers and injured passengers do have some key legal rights—though asserting them often requires legal firepower.
Drivers and injured parties can pursue claims for:
Medical bills
Property damage
But the process is complicated. Knowing who to file against—and how to prove liability—requires an attorney experienced in rideshare litigation.
Don’t let the app decide your fate. Whether you’re a driver or a passenger, you have the right to hire a personal injury attorney who knows how to stand up to billion-dollar corporations hiding behind “terms and conditions.”
Whether you’re a driver, a passenger, or another motorist hit by a rideshare vehicle, here’s what to do after an accident:
Call 911 immediately – Always get a police report.
Document everything – Take photos of the scene, injuries, traffic lights, weather conditions, and damage.
Get the rideshare info – Screenshot the trip details, driver’s app status, and time of accident.
Get medical care – Even if you feel fine, get checked. Injuries like concussions or internal trauma don’t always show up right away.
Call a personal injury attorney – Do not try to handle this alone.
Here’s where things get even more complicated: laws governing rideshare liability vary from state to state. Some states have clear statutes. Others have loopholes big enough to drive a fleet of Priuses through.
So while one state may allow you to go after the rideshare company directly, another might protect them completely—leaving you to chase down a driver making minimum wage and juggling five different gig apps.
Lawsuits have mounted. Legislatures are debating. And some states, like California, have passed legislation to give rideshare drivers more rights. But companies like Uber and Lyft are fighting back hard—with multi-million-dollar campaigns to preserve the independent contractor model.
Why? Because it saves them billions.
If you were injured in a crash involving a rideshare vehicle—whether as a passenger, another driver, or even the rideshare driver—you need to act fast.
Don’t trust the app to “file a report.”
Don’t accept a quick settlement without legal review.
And don’t assume your claim will be straightforward. It won’t be.
You need someone who can track the money, chase the insurance companies, and take the case to trial if needed.
At Bert McDowell Injury Law, we don’t just take on cases. We take on giants.
We know how rideshare companies operate. We’ve studied their insurance games, dissected their contracts, and held them accountable in court. If you’ve been hurt in a rideshare crash, don’t go it alone. Let us fight for you.
Call us today at (475) 529-2634 for a free consultation. Your case matters. Your story matters. And we’re here to make sure it gets heard.
