Wilmington Uber & Lyft Accident Attorneys

Ridesharing, most notably Uber and Lyft, has gained widespread popularity and continues to expand. As this new mode of transport evolves, insurance claims for injury and damages sustained can become a little complex due of the number of variables in play.

At Rhine Law Firm, P.C., our rideshare accident lawyers are intimately familiar with this area of litigation and can help you pursue fair compensation after a collision. With more than 30 years of legal experience and hundreds of millions of dollars recovered on behalf of our clients, our legal team has what it takes to help you seek justice.

Rideshare Accident Statistics

Uber and Lyft promote themselves as a better and safer alternative to driving. They claim ridesharing reduces traffic fatalities by providing a reliable ride home for intoxicated persons and decreasing the number of vehicles on the road.

One 2022 study found that rideshare companies seemed to reduce accidents involving impaired drivers. However, the study also stated that rideshare contributed to congestion and increased the risk of accidents.

Statistics from 2020 and 2019 suggest that 99.9% of Uber rides are completed without safety incidents. That is small comfort however if you are one of the people injured during a rideshare. . Uber drivers completed over 2 billion trips in the last quarter of 2022. In those three months, 2 million Uber rides (0.1% of 2 billion) worldwide resulted in safety incidents, ranging from sexual assault to traffic accidents.

Regarding fatalities, Uber was involved in 101 car crashes in 2020. From 2017 to 2019, Lyft, with three times less market share than Uber, had 105 fatalities.

What Rideshare Companies Are Doing to Ensure Rideshare Safety

Uber, Lyft, and other rideshare companies boast that they have made major changes in recent years to improve passenger and driver safety. These measures include background checks, real-time ride tracking, and in-app emergency features that connect riders directly with 911. Uber has also implemented Ride Check technology, which can detect unexpected stops or crashes and prompt a safety check-in for riders and drivers.

Despite these efforts, accidents still happen—often due to distracted driving, fatigue, or other factors that technology alone can’t prevent.

Uber and Lyft Insurance Requirements

State law requires that Uber and Lyft drivers carry policies that meet their basic personal auto insurance requirements. N.C. General Statutes §20-280.4 establishes the minimum insurance coverage requirements that rideshare companies and drivers must carry. Some auto insurance companies provide rideshare insurance. Drivers do not need this to drive for Uber or Lyft, but financial and risk assessment professionals often recommend it.

The driver’s auto insurance covers accidents when the app is off. Consequently, if an Uber car crashed into you in Wilmington, but the driver was off the clock, Uber would likely not be liable.

Lyft and Uber insurance may apply when the app is on, and the driver is on-call or waiting for a ride. In these cases, both Lyft and Uber provide the following:

• $50,000 per person for bodily injury
• $100,000 per accident for bodily injury
• $25,000 per accident for property damage

Lyft and Uber’s insurance generally applies when the driver has a passenger or is en route to pick up one. Uber provides $1 million in liability insurance per accident for these cases. According to its website, Lyft provides at least $1 million in liability insurance.

Common Causes of Rideshare Accidents

Rideshare accidents can occur for the same reasons as other traffic accidents. However, the presence of a driver-customer relationship and using an app for work adds new complexities.

The most common causes of rideshare accidents include the following:

• Poor Car Maintenance. Uber and Lyft drivers must complete annual safety inspections for their vehicles. New drivers must also complete this when applying to work for either company. However, rideshare workers drive thousands of extra miles in 12 months, and routine maintenance must be performed more often. Some failed maintenance items, such as brakes or tires, can increase the risk of accidents.
• Distracted Driving. Rideshare drivers often use their phones to accept fares, communicate with customers, and navigate routes. Sometimes, they may need to pay close enough attention to read notifications and accept or deny rides, which can contribute to distracted driving. This could slow the response time to avoid an accident even when the driver is not at fault.
• Driver Fatigue. Drivers often have other jobs. Some work several jobs, while others might have full-time employment during regular business hours. They may work a few hours in the morning before going into the office or drive late at night, especially on the weekends. Drivers can experience fatigue, especially if they wake up at odd hours to take advantage of surges and other incentives.
• Disruptive Passengers. Rideshare services boast that their drivers provide an alternative to drunk driving. However, drunk passengers can still cause accidents. They can be disruptive and make it difficult for Uber drivers to operate their vehicles safely. For example, in 2019, a drunk passenger fought with an Uber driver for control of the steering wheel.

Rideshare: Not in Driver Mode

When the Uber/Lyft driver is on the road but not available to passengers (not in driver mode) and he or she gets into collision or hits a cyclist or pedestrian, the driver’s personal insurance coverage applies. Uber and Lyft do not extend insurance coverage to their drivers in this case.

Rideshare: In Driver Mode

When the rideshare driver is on the road and available (in driver mode with the rideshare application on), but has not yet accepted a trip, the driver’s personal auto insurance covers him as well as an additional contingent liability coverage from the rideshare company. This contingent coverage can cover up to $50K per person and $100K maximum per accident for bodily injury and a $25K maximum for property damage if the driver’s personal car insurance doesn’t respond.

Non-Passenger Injury

Should you be injured (as another driver, pedestrian, cyclist, etc.) by an Uber/Lyft driver who is in driver mode, how you recover compensation, how much you can get, and from which policy depends on the position the driver’s personal car insurance takes. In some cases, the Uber/Lyft driver may get dropped by their own insurance because they were hiring themselves out.

While Lyft and Uber will step in, in that case, recovering compensation can become complicated and take undue time. If you are a passenger in a rideshare vehicle and you are involved in an accident, Uber and Lyft extend coverage up to $1 million even if the driver was reckless or negligent.

Potential Rideshare Compensation Complications

As the rideshare market evolves, there are still issues that are unresolved. Currently Uber/Lyft drivers are privately licensed motorists but are arguably acting as commercial drivers. They are also independent contractors and that role may be adjudicated to include times when they are not in driver mode. For example, they haven’t yet logged into the app, but they are on the road because they are going to be working, as demonstrated by their weekly work patterns.

Also, what if an Uber/Lyft driver commits a criminal act toward the passenger? Is the rideshare company liable? Uber and Lyft deny liability, but it was through their company that the ride was solicited. State by state, rideshare laws are continuing to evolve.

Proving Liability for Uber Accidents in Wilmington

Determining who is legally responsible for a rideshare accident can be complicated. Liability may involve:

• The rideshare driver (if they were negligent or impaired)
• Another driver who caused the crash
• Uber or Lyft, depending on whether the driver was “on the app” (actively logged in or transporting a passenger)

North Carolina’s liability laws, including N.C. Gen. Stat. § 20‑279.21 (Financial Responsibility of Owners and Operators of Motor Vehicles), outline insurance coverage requirements. Uber and Lyft maintain $1 million in liability coverage when drivers are actively engaged in a ride—but only minimal coverage when the driver is off duty.

An attorney can investigate the driver’s status at the time of the crash, examine insurance layers, and help prove which party (or parties) should pay for your damages.

Can I Still File a Claim if I’m Partially at Fault for the Uber or Lyft Accident?

North Carolina follows a strict contributory negligence rule, meaning that if you’re even 1% at fault, you could technically be barred from recovering damages. However, don’t assume you have no case. You may be covered under exceptions to the rule.

Fault in a rideshare accident is not always clear-cut, and insurance companies may try to assign blame unfairly. Evidence such as dashcam footage, witness statements, and driver data from Uber or Lyft can shift fault away from you.

Bottom line: Don’t count yourself out. Always speak to a rideshare accident lawyer before giving up on your claim—your case may still be viable even if the facts are disputed.

Should I Get A Rideshare Accident Lawyer?

A rideshare accident lawyer can:

• Investigate the crash, pulling records from Uber or Lyft, police reports, and insurance policies
• Determine coverage levels, including when the rideshare company’s $1 million policy applies
• Handle negotiations with multiple insurers (yours, the rideshare driver’s, and possibly another driver’s)
• File a lawsuit if necessary, ensuring all deadlines are met under North Carolina law

Even if your injuries seem minor, a lawyer may uncover sources of compensation you might not have known existed—helping you protect your rights and financial future.

Get Started on Your Case Today

If you have suffered an injury or property damage due to the actions of a rideshare driver, we strongly recommend that you contact our rideshare accident attorneys for a free consultation. This area of litigation is continually changing and without our experienced guidance, you might be forced to settle for much less than you deserve – or nothing at all.