Scenario: I was stopped at a red light (Period 3 – Passenger in car). BAM. A distracted driver slammed into us. My passenger screamed, “My neck!” Three weeks later, I was named in a lawsuit filed by the passenger’s injury lawyer, suing both the at-fault driver AND me. I was terrified—I didn’t cause the crash, so why was I being sued?
Key Takeaways
- The “Shotgun” Approach: Personal injury lawyers sue everyone involved: the at-fault driver, the rideshare driver (you), and the rideshare company. They hunt for the biggest insurance policy.
- Duty to Defend: Since you were online/on-trip, Uber/Lyft’s insurance has a “Duty to Defend” you. They will hire a lawyer for you. You do not need to pay for your own defense attorney.
- The “Sudden Stop” Argument: The lawyer will argue you “stopped too suddenly” or “failed to evade,” trying to pin 1% fault on you to trigger Uber’s $1 Million policy.
- Cooperation Clause: You must cooperate with Uber’s lawyers. If you ignore their emails, they can drop your coverage, leaving you personally liable.
The “Why” (The Trap): Joint and Several Liability
In many states, if you are found even 1% at fault, you can be liable for damages. Lawyers know the guy who hit you might have a $25k limit, but Uber has $1M. They are desperate to find a reason to tap into the Uber policy.
The trap is panicking and hiring your own lawyer (wasting money) or admitting fault to the passenger (“I’m so sorry, I should have seen him”). Never apologize.
The Investigation: The Legal Process
I spoke to a defense attorney about what happens in these cases.
- The Suit: You get served papers.
- The Hand-off: You forward them to Uber’s claims department (e.g., Progressive/Allstate commercial).
- The Defense: They assign a firm. The lawyer represents you, but is paid by insurance.
- The Outcome: usually, the lawyer files a “Motion for Summary Judgment” to get you dismissed from the case if you were truly stopped at a red light.
Comparison Table: Who Defends You?
| Status | Who Hires the Lawyer? | Policy Limit |
| Period 0 (Offline) | Your Personal Insurer | Low (e.g., 50k) |
| Period 1 (Waiting) | Personal (Endorsed) | Low/Medium |
| Period 3 (On Trip) | Uber/Lyft Insurer | High ($1M) |
Step-by-Step Action Plan
- Silence is Golden: At the scene, ask the passenger if they are okay. Do not discuss the crash mechanics. Record the interaction on dashcam.
- Notify Uber Immediately: Use the “Report an Accident” feature. This triggers the insurance process.
- Watch Your Mail: If you receive a “Summons and Complaint,” scan it and email it to the adjuster immediately. You have limited days to respond.
- Save Dashcam Footage: This is your “Get Out of Jail Free” card. If video shows you were stopped for 5 seconds before impact, the lawsuit against you will be dismissed quickly.
FAQ
Will my rates go up?
If you are 0% at fault, generally no (depending on state laws like CA/OK which ban non-fault surcharges).
Can I sue the other driver too?
Yes! You have your own injury claim against the at-fault driver. You might even end up using the same evidence as your passenger.
What if the passenger lies?
The dashcam interior view proves if they were thrown around or if they are faking.