Rideshare accident lawyer · Uber and Lyft · St. Louis
Rideshare accident lawyer for Uber and Lyft crashes in St. Louis
A rideshare accident lawyer figures out which insurance pays after a crash with an Uber or Lyft driver. Under Missouri law, it depends on what the driver was doing. The app may have been off, the driver may have been logged on and waiting, or a passenger may have been on board.
Two Missouri laws cover rideshare crashes
Missouri calls Uber, Lyft and similar services transportation network companies. One set of laws licenses and regulates them (RSMo §§ 387.400 to 387.440). Another sets their insurance rules (RSMo §§ 379.1700 to 379.1708). The companies and their drivers must follow the insurance rules (RSMo § 387.407).
One point matters a lot. The company is not treated as owning, controlling or operating the cars or drivers on its app, unless a written contract says so (RSMo § 387.400). So these cases usually turn on the insurance the law requires. They do not usually turn on a claim that the company was the driver’s employer.
The three insurance periods
Period 1: app off
The driver is not logged on, so the rideshare law does not apply. The driver’s own auto policy applies, just as in any other crash.
Period 2: logged on and waiting for a ride request
The driver is logged on and available, but not on a trip. The law requires primary coverage, meaning coverage that pays first, of at least:
- $50,000 per person for injury or death.
- $100,000 per incident for injury or death.
- $25,000 for property damage.
- Uninsured motorist coverage at Missouri’s required limits.
The driver, the company or both may provide it (RSMo § 379.1702.2).
Period 3: ride accepted until drop-off
This period starts when the driver accepts a ride request and ends when the last rider gets out of the car (RSMo § 379.1700). During this time, the law requires primary coverage of at least $1,000,000 for death, injury and property damage. Uninsured motorist coverage is required too (RSMo § 379.1702.3).
Sometimes the driver’s own insurance has lapsed or does not provide the required coverage. Then the company’s insurer must provide it from the first dollar and defend the claim (§ 379.1702.4). And the company’s coverage cannot depend on the driver’s insurer denying the claim first (§ 379.1702.5).
Why the driver’s app status comes first
Personal auto insurers may exclude all coverage while a driver is logged on to a rideshare app or carrying a paying passenger (RSMo § 379.1708). That includes liability, uninsured motorist and medical payments coverage. So the app’s status at the moment of the crash matters, because it can move your claim from a personal policy to a business policy with much higher limits.
The law gives you a way to find out. After a crash, the rideshare driver must tell the people involved, the insurers and the police whether the driver was logged on or on a trip (§ 379.1702.8). If there is a dispute over coverage, the company and insurers must share the exact times the driver logged on and off. That covers the 12 hours before and after the crash (§ 379.1708.6). Harjot Singh Padda, JD asks for that information at the start of your claim.
Who can bring a rideshare claim
- The passenger. If you were hurt during a trip, you can claim against the rideshare driver’s Period 3 coverage. If another driver caused the crash, you can claim against that driver too.
- Another driver or a pedestrian hit by a rideshare car. The coverage depends on the driver’s app status.
- The rideshare driver, when another driver caused the crash. If that driver has no insurance, the uninsured motorist coverage required by the rideshare law may apply.
When two cars are involved, the drivers may share the fault. Missouri’s shared-fault rules decide how damages are split (RSMo § 537.067). See Missouri comparative fault.
What to keep after a rideshare crash
Take screenshots of the trip in the app. Include the driver’s name, the car, the route and the time. Keep the email receipt. The law requires the company to send one showing where the trip started and ended, and the fare (RSMo § 387.412). Report the crash in the app and to the police. Then get medical care and keep your records.
Rideshare cases are handled on a contingency fee under a written agreement that sets out the percentage and how costs are handled. The general deadline to file is five years (RSMo § 516.120).
Common questions
I was a passenger in an Uber. Does my own car insurance matter?
Usually the rideshare coverage applies first. But your own uninsured or underinsured coverage may matter. See uninsured motorist claims.
The driver says his own insurer denied the claim. What now?
The company’s insurer may have to cover the claim from the first dollar. Read talking to insurance adjusters.
Can a rideshare case end up in federal court?
It can. It depends on which states the parties are citizens of and how much is at stake. See state court vs. federal court.
Is the deadline the same as for a car crash?
Yes. It is generally five years for an injury. See the statute of limitations guide.
Related reading
- Car accident claims
- Personal injury overview
- Missouri auto insurance requirements
- What to do after a car accident in Missouri
Hurt in an Uber or Lyft crash?
The consultation is free. We will find out which insurance period applied and which insurers are involved.
4477 Woodson Rd
St. Louis, MO 63134
The choice of a lawyer is an important decision and should not be based solely upon advertisements. This page is general information, not legal advice, and reading it or contacting the office does not create an attorney-client relationship.
Sources
- Mo. Rev. Stat. § 387.400. Missouri Revisor of Statutes
- Mo. Rev. Stat. § 379.1702. Missouri Revisor of Statutes
- Mo. Rev. Stat. § 379.1704. Missouri Revisor of Statutes
- Mo. Rev. Stat. § 379.1708. Missouri Revisor of Statutes
- Mo. Rev. Stat. § 379.203. Missouri Revisor of Statutes
- Mo. Rev. Stat. § 537.067. Missouri Revisor of Statutes
- Mo. Rev. Stat. § 516.120. Missouri Revisor of Statutes