Rideshare accidents involving Uber and Lyft are increasingly common in Arizona, particularly in Phoenix, Scottsdale, and Tempe. These cases are more legally complex than typical car accidents because multiple insurance policies may apply depending on what the driver was doing at the moment of the crash. Understanding the coverage structure is essential to knowing who pays for your injuries.
The Three Coverage Phases of Rideshare Driving
Both Uber and Lyft structure their insurance coverage based on the driver's status within the app at the time of the accident:
Phase 1 — App Off: The driver is using the vehicle personally with the rideshare app completely off. Only the driver's personal auto insurance applies. Rideshare companies have no coverage obligation whatsoever.
Phase 2 — App On, Waiting for a Ride Request: The driver has the app active and is waiting for a fare, but has not yet accepted a specific trip. Uber and Lyft provide limited contingent liability coverage in this phase: $50,000 per person/$100,000 per accident for bodily injury, and $25,000 for property damage. However, this coverage only applies if the driver's personal insurance denies the claim first.
Phase 3 — Ride Accepted or Passenger In Vehicle: From the moment the driver accepts a trip through the completion of the drop-off. Uber and Lyft provide their full commercial liability policy: $1,000,000 per accident. This is the coverage most people think of when they hear "Uber's million-dollar policy."
Determining Which Phase Applied to Your Accident
Your attorney can obtain the driver's rideshare app logs, which precisely document when the app was active, when each trip was accepted, and when it was completed. This data, combined with the police report timeline, establishes definitively which phase of coverage applies. Do not assume you know based on what the driver tells you — app logs are the authoritative source.
If You Were a Passenger in the Rideshare Vehicle
Passengers in an Uber or Lyft vehicle during an active trip (Phase 3) are covered by the $1,000,000 commercial policy. Whether the accident was caused by your driver or another driver, this policy provides substantial coverage. You can also pursue a claim against the other driver's insurance if they were at fault.
If You Were Hit By a Rideshare Driver
The same phase analysis applies. If the rideshare driver hit you while in Phase 3, the $1,000,000 commercial policy covers your damages. If in Phase 2, the contingent $50,000/$100,000 coverage applies after the driver's personal policy. If the app was off, you deal with the driver's personal insurance only.
Frequently Asked Questions
Can I sue Uber or Lyft directly as an employer?
Uber and Lyft classify their drivers as independent contractors rather than employees, which historically shielded them from direct employer liability. While Arizona and other states have been examining this classification, current law in most circumstances treats rideshare drivers as independent contractors. Your primary claims are against the driver and through the applicable insurance coverage, not directly against the rideshare company as an employer.
What if the rideshare driver was uninsured and the app was off?
You would be in the same position as any accident with an uninsured driver — relying on your own UM coverage. This is a good reminder of why carrying adequate UM/UIM limits is so important regardless of the type of accident you might face.
Do I need a separate attorney for a rideshare accident versus a regular car accident?
Not necessarily, but you need an attorney who understands the rideshare insurance coverage structure. The legal complexity of determining which policy applies, coordinating coverage between the driver's personal insurer and the rideshare company's commercial policy, and navigating both companies' claims processes requires experience with these specific types of cases.
What if the rideshare driver denies being logged into the app?
App logs are obtained through the discovery process in litigation and cannot be altered retroactively. A driver's claim that the app was off can be verified or refuted through digital records. Do not accept a driver's characterization of their app status — verify it through legal channels.
Can I sue both the rideshare driver and Uber/Lyft?
Potentially both, depending on the circumstances. Direct negligence claims against the rideshare company (negligent hiring or retention of a driver with a dangerous history) are possible in some cases. An attorney can evaluate all potential defendants based on the specific facts of your accident.
Injured in Arizona? Get a Free Case Review Today
Navigating a personal injury claim alone — especially against a well-funded insurance company — is difficult. Attorney Alec Caruso spent years on the inside defending insurance companies before switching sides to fight for Arizona injury victims. That insider knowledge is what he brings to every case.
Call Caruso Injury Law 24/7 at (602) 247-8600, or request your free case review online. You pay nothing unless we win.
This article was written and reviewed by Alec J. Caruso, Esq., licensed Arizona personal injury attorney.

