Ridesharing services like Uber and Lyft have become an integral part of transportation in Ontario, offering convenience and affordability. However, accidents involving Uber and Lyft vehicles have also increased as more people rely on these services. If you are injured in an accident involving a rideshare vehicle—whether as a passenger, pedestrian, bicyclist or another driver—you may be wondering who is responsible for your injuries and how you can pursue compensation.
Understanding liability in rideshare accidents can be complex due to the involvement of multiple parties, including the driver, the rideshare company, and various insurance providers. Ontario’s insurance laws and rideshare-specific policies are crucial in determining compensation.
Who Is Liable in an Uber or Lyft Accident?
Determining liability in a rideshare accident depends on several factors, including the accident’s cause and the rideshare driver’s status at the time of the collision. As set out below, there are generally three main scenarios to consider when determining liability.
The Uber or Lyft Driver Is at Fault
If the rideshare driver is responsible for the accident, it will be important to determine whether the driver was actively working at the time of the crash. Rideshare drivers in Ontario operate as independent contractors, meaning they use their own personal vehicles rather than company-owned vehicles. However, Uber and Lyft provide commercial insurance coverage to their drivers under certain conditions.
- If the driver was not logged into the rideshare app, the accident is treated as a regular motor vehicle collision, and the driver’s personal auto insurance applies.
- If the driver was logged into the app but had not yet accepted a ride request, Uber and Lyft provide contingent liability coverage, which may cover third-party injuries and damages.
- If the driver was transporting a passenger or on the way to pick one up, the highest level of commercial insurance coverage applies, including third-party liability, accident benefits, and uninsured motorist coverage.
Another Driver Is at Fault
If another motorist caused the accident, their insurance policy is the primary source of compensation for injured parties. However, if the at-fault driver is uninsured or underinsured, Uber and Lyft provide additional uninsured motorist coverage for their passengers and drivers, ensuring compensation is available even if the responsible party lacks adequate insurance.
A Pedestrian or Cyclist Is Hit by an Uber or Lyft Vehicle
If a pedestrian or cyclist is struck by a rideshare vehicle, liability is determined based on the same criteria as any other Uber or Lyft accident. If the driver was actively engaged in a ride, the rideshare company’s commercial insurance will likely cover the injuries. If the driver was off-duty, their personal insurance applies.
What Insurance Coverage Applies to Rideshare Accidents in Ontario?
Ontario law requires all drivers, including Uber and Lyft drivers, to carry auto insurance. However, rideshare companies provide additional commercial insurance coverage when drivers are working. The coverage levels differ based on the driver’s status at the time of the accident.
Uber and Lyft’s Insurance Coverage
Uber and Lyft both have commercial insurance policies that apply when their drivers are engaged in rideshare activities. In Ontario, these policies typically include:
- Third-party liability coverage: Between $1 million and $2 million for injuries and damages if the driver is on a ride or on the way to pick up a passenger.
- Accident benefits coverage: This includes medical expenses, rehabilitation, income replacement, and other benefits, regardless of fault.
- Uninsured and underinsured motorist coverage: Protects passengers and drivers if the at-fault party lacks sufficient insurance.
When the driver is logged into the app but has not yet accepted a ride request, a lower level of contingent liability coverage applies. This coverage helps pay for damages if the driver’s personal auto insurance denies the claim.
Personal Auto Insurance and Rideshare Endorsements
In Ontario, rideshare drivers must notify their personal auto insurance provider that they are using their vehicle for commercial purposes. Some insurance companies offer specific “rideshare endorsements” that extend coverage when the driver is logged into the app but has not yet accepted a ride. If a driver fails to disclose their rideshare activity, their personal insurance provider may deny coverage in the event of an accident.
Steps to Take After an Uber or Lyft Accident
If you are injured in an accident involving a rideshare vehicle, taking the right steps can help protect your rights and improve your chances of receiving fair compensation.
Seek Medical Attention
Even if your injuries seem minor, it is essential to seek medical care immediately. Some injuries, such as concussions or internal trauma, may not present symptoms right away. A medical evaluation also provides documentation that can be crucial for your claim.
Report the Accident to the Authorities
Contact the police to report the accident, especially if there are injuries or significant property damage. A police report can be valuable evidence when filing an insurance claim or pursuing legal action.
Gather Evidence
If possible, collect as much information as you can at the accident scene. This includes:
- Contact and insurance details of all drivers involved;
- The rideshare driver’s status in the app at the time of the crash;
- Photos or videos of the accident scene, vehicle damage, and injuries; and
- Witness contact information.
Notify the Rideshare Company
Uber and Lyft require drivers and passengers to report accidents through their apps. If you were a ride-sharing vehicle passenger at the time of the accident, report the incident to the company as soon as possible.
Consult a Personal Injury Lawyer
Navigating the claims process for an Uber or Lyft accident can be complex due to the multiple insurance policies involved. A personal injury lawyer can help determine liability, negotiate with insurance companies, and ensure you receive the compensation you deserve.
Compensation Available for Rideshare Accident Victims
Victims of rideshare accidents in Ontario may be entitled to various forms of compensation, including:
- Medical expenses: Coverage for hospital bills, rehabilitation, and ongoing treatment.
- Income replacement: Compensation for lost wages if you cannot work due to your injuries.
- Pain and suffering: Damages for physical and emotional distress caused by the accident.
- Property damage: Costs related to vehicle repairs or replacement.
- Housekeeping and home maintenance assistance: If your injuries prevent you from performing daily tasks.
Compensation may come from the rideshare company’s insurance, the at-fault driver’s insurance, or your own insurance provider, depending on the circumstances of the accident.
Tierney Stauffer LLP: Providing Top-Tier Personal Injury Representation in Ottawa
Accidents involving Uber and Lyft vehicles present unique challenges when determining liability and seeking compensation. If you are injured in a rideshare accident in Ontario, the skilled personal injury lawyers at Tierney Stauffer LLP will help you understand your rights and entitlement to compensation and advocate for you throughout the claims process.
Tierney Stauffer LLP provides personalized attention to each client, ensuring the best possible outcome for their case. Our personal injury team—including experienced lawyers and dedicated support staff—shares a unified vision of delivering exceptional legal service. We proudly serve clients in Ottawa, Cornwall, Kingston, North Bay, and the surrounding areas. To schedule a consultation, please call us at 1-888-799-8057 or reach out online.
