Liability for an Uber or Lyft accident in Wisconsin depends on who caused the crash and what the rideshare driver was doing at the time. The responsible party may be the rideshare driver, another motorist, or multiple drivers. The rideshare driver’s app status can also determine which insurance coverage applies.
Who Can Be Liable for an Uber or Lyft Accident in Wisconsin?
An Uber or Lyft driver, another motorist, or multiple parties may be liable for a rideshare accident. Liability depends on whose actions caused or contributed to the collision.
Potentially liable parties include:
- The rideshare driver
- Another motorist
- Multiple drivers who share fault
- A vehicle or parts manufacturer if a defect contributed to the crash
The claims process can differ depending on who was injured. A rideshare passenger may have a claim involving the Uber or Lyft driver, another driver, or both. A third party hit by a rideshare vehicle may have a claim against the rideshare driver and applicable insurance coverage.
Does Uber or Lyft Have To Pay When a Rideshare Driver Causes an Accident?
Uber or Lyft may provide insurance coverage for an accident without the company itself being legally liable for the driver’s actions. Rideshare drivers generally operate as independent contractors.
Uber and Lyft maintain insurance that applies during certain periods when drivers use their platforms. Which coverage applies depends largely on the driver’s app status at the time of the collision.
Which Insurance Applies After a Wisconsin Uber or Lyft Accident?
The insurance coverage available after a Wisconsin rideshare accident depends on the driver’s status in the app.
The applicable coverage generally works as follows:
- App is off: The driver’s personal auto insurance generally applies because the driver is not operating through the rideshare platform.
- App is on, but no ride has been accepted: Wisconsin requires liability coverage of at least $50,000 for bodily injury or death to one person, $100,000 per accident, and $25,000 for property damage.
- Ride has been accepted: Wisconsin requires at least $1 million in primary automobile liability coverage for death, bodily injury, and property damage after the driver accepts a ride and while transporting the passenger.
Eisenberg Personal Injury Lawyers has more than 140 years of combined legal experience and has recovered over $100 million for injured clients throughout Wisconsin. We can use trip records and other available evidence to establish the driver’s status at the time of the crash and identify any applicable insurance coverage.
What if Another Driver Caused the Uber or Lyft Accident?
If another motorist caused the crash, that driver may be liable for the resulting injuries and losses. Their liability insurance may provide compensation even if the injured person was a passenger in an Uber or Lyft ride.
Other coverage may apply if the at-fault driver is uninsured or has insufficient coverage to cover the losses caused by the accident.
What if More Than One Driver Was at Fault for the Rideshare Accident in Wisconsin?
Wisconsin allows responsibility to be divided when multiple people contribute to an accident. An Uber or Lyft driver and another motorist could therefore share fault for the same collision.
Wisconsin also follows a modified comparative negligence rule. If an injured person shares responsibility for the accident, their compensation can be reduced by their percentage of fault. If they are 51% at fault, they cannot recover from someone who is less at fault.
FAQ
What Should I Do After an Uber or Lyft Accident?
Report the accident, seek medical attention if necessary, and document the crash scene if possible. Save your rideshare receipt and trip information because these records can help establish which driver was involved and when the trip occurred.
How Long Do I Have To File a Rideshare Accident Lawsuit in Wisconsin?
Wisconsin generally gives injured people three years to file a personal injury lawsuit. Different deadlines may apply depending on the circumstances of the claim, so it is important to determine the applicable filing period promptly after an accident.
Can a Pedestrian or Bicyclist File a Claim Against an Uber or Lyft Driver?
Yes. A pedestrian or bicyclist injured by a negligent rideshare driver may pursue compensation. Which insurance coverage applies can depend on whether the driver was offline, waiting for a ride request, or completing a rideshare trip when the accident occurred.
Liability after an Uber or Lyft accident in Wisconsin may involve the rideshare driver, another motorist, or multiple parties. The driver’s app status can also determine whether personal auto insurance or rideshare coverage applies and how much coverage may be available.
If you were injured in an Uber or Lyft accident, contact Eisenberg Personal Injury Lawyers today to schedule a free consultation with a Wisconsin car accident lawyer.
Eisenberg Law Offices S.C. is a trusted car accident law firm in Madison, WI, dedicated to fighting for your deserved compensation. Our experienced attorneys will negotiate with insurance companies on your behalf and ensure your rights are protected. Contact us today for a free consultation.
We proudly serve Dane County, Jefferson County, Sauk County, Rock County, Columbia County, and their surrounding areas.
Eisenberg Personal Injury Lawyers – Madison
121 S. Pinckney St. Suite 400, Madison, WI 53703
(608) 256-8356
Our firm is located near you. We have an office in Madison, WI
