Can Rideshare Drivers Sue for Their Own Injuries?
When we think about Uber/Lyft accidents, we usually focus on passengers or other motorists. But what happens if you're the rideshare driver and someone else causes the crash? Can you sue for your injuries, lost income, and medical bills?
The short answer is Yes — rideshare drivers in Alberta can make personal injury claims like any other motorist. The key difference lies in insurance coverage, which changes based on whether the app was on, a trip was active, or the accident occurred during personal use.
As Alberta injury lawyers, we regularly handle Uber and Lyft cases, helping drivers recover compensation even when insurers attempt to deny or delay claims. This guide explains a rideshare driver's rights, how insurance applies, and the steps to take after an injury.
This guide covers:
Understanding Driver Coverage in Rideshare Accidents
Rideshare drivers are independent contractors, not employees, meaning they don't receive workers' compensation or employer insurance benefits. Instead, coverage depends entirely on the driver's app status at the time of the collision.
Coverage Scenarios:
When Rideshare Drivers Can Sue
You can bring a personal injury claim if another driver, cyclist, or pedestrian was negligent and caused your injuries. Examples include: a driver rear-ends your vehicle while you're waiting for a passenger; another motorist runs a red light during an active trip; a pedestrian steps into traffic unexpectedly, causing a collision; a vehicle sideswipes you while you're logged into the app.
Shared Fault
Even if fault is shared, Alberta's comparative negligence system allows you to recover damages reduced by your share of responsibility.
Uninsured/Fled Scene
If the at-fault driver was uninsured or fled the scene, Uber and Lyft's uninsured/underinsured motorist coverage or Alberta's Motor Vehicle Accident Claims Program (MVAC) can provide compensation.
When Rideshare Drivers Cannot Sue
You generally cannot sue: if you were entirely at fault for the crash; if you were off the app and your personal insurance excludes commercial use; if your insurer denies coverage for misrepresentation (for example, failing to disclose that you drive for Uber or Lyft). In those cases, you may still have access to accident benefits (Section B) for medical and income replacement, but not for pain and suffering or long-term losses.
Key point: Whether a driver can sue (and who pays) depends on when the crash occurred and who was at fault.
Steps to Take After a Rideshare Driver Injury
Following these steps immediately after an accident can significantly strengthen your case and protect your rights to compensation.
Call 911
Ensure police document the accident properly.
Seek Immediate Medical Treatment
Get medical attention right away, even if injuries seem minor.
Take Photos
Photograph the vehicles, damage, and intersection.
Screenshot Your Uber/Lyft Trip Screen
Capture the trip screen showing date and time before it's lost.
Collect Witness Contact Details
Get contact information from any witnesses to the accident.
Report the Crash
Report the accident through the Uber or Lyft app immediately.
Notify Your Personal Insurer
Report the collision to your personal auto insurance company.
Contact an Alberta Rideshare-Accident Lawyer
Speak with a lawyer before talking to adjusters. We can confirm your coverage and start your claim immediately.
How a Lawyer Helps Injured Rideshare Drivers
Rideshare-driver claims require careful coordination between personal, commercial, and third-party insurers. We can help navigate these complexities effectively.
Retrieve Uber/Lyft Trip Data
Proving you were on-app at the time of the crash with digital trip logs.
Identify Which Insurer Owes Coverage
Determining which insurance policy applies based on app status and trip activity.
Collect Evidence
Gathering police reports, photos, and witness evidence to support your claim.
Arrange Medical Assessments
Documenting injury impact with proper medical evaluations.
Negotiate Benefits
Negotiating lost-income and treatment benefits with insurers.
File a Lawsuit if Needed
Pursuing legal action if settlement negotiations stall.
Frequently Asked Questions
Conclusion
Rideshare drivers in Alberta have the same right to compensation as any other motorist when injured by someone else's negligence. The key is understanding which insurance policy applies based on your app status and ensuring you have proper legal representation to navigate the complex coverage system.
Rideshare drivers can sue for injuries when another party is at fault.
Insurance coverage depends on app status (off, waiting, or active trip).
Multiple insurers may be involved, requiring careful coordination.
A lawyer ensures you receive full compensation from the correct insurer.
Injured while driving for Uber or Lyft?
Contact us today for a free consultation. We can confirm your coverage and start your claim immediately. No fee unless we win.