Rideshare Injury Claims for British Columbia Residents
British Columbia residents who are injured or killed in the United States while using a rideshare service such as Uber or Lyft have legal rights that are different from ordinary car-accident cases. Rideshare claims involve multiple insurance policies, corporate liability, and federal-court jurisdiction, and they are often far more complex than standard motor-vehicle claims.
These cases are usually brought in U.S. federal court in the state where the crash occurred.
What Is a Rideshare Case?
A rideshare claim arises when a person is injured or killed in a crash involving a vehicle operating through an app-based service such as Uber or Lyft. This includes passengers, pedestrians, cyclists, and occupants of other vehicles struck by a rideshare driver.
Rideshare cases are different from ordinary car accidents because the driver is operating under a commercial platform that provides layered insurance coverage depending on what the driver was doing at the time of the crash.
Why Rideshare Cases Are Different
In a normal traffic collision, there is usually only one insurance policy: the driver’s personal auto insurance.
In a rideshare case, there may be several insurance policies that apply, including:
- the driver’s personal auto policy
- the rideshare company’s contingent insurance
- the rideshare company’s commercial liability policy
Which coverage applies depends on whether the driver was:
- offline
- logged into the app
- on the way to pick up a passenger
- or carrying a passenger
This determination often controls how much compensation is available.
How Rideshare Insurance Works
Rideshare companies use a tiered insurance system based on the driver’s status at the time of the crash.
When the app is off, the driver’s personal auto insurance normally applies. The rideshare company does not provide coverage.
When the app is on but no passenger has been accepted, the rideshare company usually provides contingent liability coverage if the driver’s personal policy does not apply. This coverage is typically limited and may apply only after the personal insurer denies coverage.
When a ride has been accepted or a passenger is in the vehicle, the rideshare company’s commercial liability insurance normally applies. This coverage is significantly higher than ordinary personal auto insurance and is designed to protect passengers and the public.
In many states, this commercial coverage includes up to one million dollars in liability insurance, along with additional uninsured and underinsured motorist protection.
The exact coverage depends on the state where the crash occurred and the specific platform involved.
Who Can Make a Rideshare Claim
A rideshare claim may be brought by:
- a passenger in the rideshare vehicle
- a pedestrian or cyclist struck by a rideshare driver
- a driver or passenger in another vehicle hit by a rideshare driver
- family members if the crash resulted in death
The claim may be against the rideshare driver, the rideshare company’s insurers, or both.
What Damages May Be Available
Rideshare injury claims may include compensation for:
- medical expenses
- future medical care
- lost income and loss of earning capacity
- pain and suffering
- emotional distress
- loss of enjoyment of life
If the crash results in death, family members may be able to recover damages for:
- loss of financial support
- loss of companionship and guidance
- funeral and burial expenses
- the deceased person’s pre-death pain and suffering
The exact damages depend on the law of the state where the crash occurred.
Where These Cases Are Filed
BC residents injured in rideshare crashes in the United States usually bring their claims in U.S. federal court in the state where the crash occurred. This is because the plaintiff is a foreign national and the defendant is a U.S. company or resident.
Although the case is heard in federal court, the law of the state where the crash occurred controls liability and damages.
Why Rideshare Claims Require Experience
Rideshare companies and their insurers often dispute:
- which insurance policy applies
- whether the driver was “on the app”
- what coverage limits apply
- how injuries should be valued
These disputes can delay or reduce compensation unless they are handled properly.
Why BC Residents Work With a BC-Based Lawyer
BC residents injured in rideshare crashes in the United States do not need to hire a U.S. state lawyer. These cases can be handled in U.S. federal court by a lawyer admitted to practise there.
Greg Lauer is a British Columbia-based lawyer with more than 20 years of experience litigating catastrophic injury, wrongful death, and complex insurance cases in U.S. federal courts. Clients can meet with him in British Columbia, communicate locally, and still have their rideshare case pursued in the appropriate U.S. court.