In Nevada, Uber or Lyft is liable for your injuries for up to $1 million if either 1) you are a customer hurt in an accident, or 2) you get hit by an Uber or Lyft driver currently transporting a customer or en route to one.
In all other circumstances, the Uber or Lyft driver’s personal insurance is responsible for covering your compensatory damages following an accident. Though if the driver was waiting for a ride request at the time of crash – and their insurance is insufficient – you can file a claim with Uber or Lyft’s contingency liability insurance. This has a maximum of:
- $50,000 for injury or death, and
- $25,000 for property damage.
To help you better understand Nevada’s ride-hailing accident laws and how to bring lawsuits, our Nevada personal injury lawyers discuss the following below:
- 1. What Nevada laws apply to ride-sharing accidents?
- 2. Three Periods of Liability for Ride-Sharing Drivers
- 3. Who can I sue?
- 4. What damages can I recover?
- 5. What if I am partially to blame?
- 6. Recent Settlements and Verdicts
- 7. How can a lawyer help me if I am injured in a ride-sharing accident?
- 8. Ten Steps to Take After an Uber or Lyft Accident
- Additional Resources
1. What Nevada laws apply to ride-sharing accidents?
Chapter 706A of the Nevada Revised Statutes (NRS) regulates ride-sharing companies such as Uber and Lyft. (Ride-sharing is also called ride-hailing.)
Nevada’s legal definition of a “transportation network company” is an entity that uses a digital network or software application service to connect a passenger to a driver who can provide transportation services to the passenger.2 Uber and Lyft are considered “transportation network companies” since their drivers connect with their passengers through an app on their iPhone, Android, or other smartphone.
Nevada’s legal definition of “transportation services” is:
- the transportation by a driver of one or more passengers between points chosen by the passenger(s), and
- prearranged through the use of the digital network or software application service of a “transportation network company.”
Predictably, these “transportation services” begin when an Uber or Lyft driver accepts a request by a passenger for transportation through the digital network or software application service. Then “transportation services” end when the last passenger fully disembarks from the motor vehicle operated by the driver.3
Uber and Lyft Requirements
Chapter 706A also sets forth certain minimum conditions for drivers and obligations of “transportation network companies:”
- background checks of drivers’ driving and criminal histories (which Uber and Lyft evaluate every three years); and
- proof of a liability insurance policy with the minimum legal limits.
Nevada’s minimum legal limit for drivers is so-called 25/50/20 automobile insurance. This means that drivers must carry liability coverage that provides at least:
- $25,000 per person for bodily injury or death,
- $50,000 per accident for bodily injury or death (where more than one person is injured), and
- $20,000 per accident for property damage4
(Note that ride-share drivers are typically independent contractors of the ride-share company they drive for.)
See our related article, Can I become an Uber or Lyft vehicle driver with a DUI?
NRS 706A requires that Uber and Lyft drivers have proof of a liability insurance policy with the minimum legal limits.
2. Three Periods of Coverage for Ride-Sharing Drivers
The easiest way to think of Las Vegas ride-sharing accident laws is to divide the coverage into three periods:
- First period: No ride-hailing activity by driver
- Second period: Driver active, but waiting for a request
- Third period: Trip request accepted through end of ride
If and how you may bring a Las Vegas ride-sharing accident lawsuit depends on which period the collision occurred.
Period 1: No Ride-Hailing Activity by Driver
Period 1 applies when the driver is not carrying passengers and is not actively seeking them. In other words, the driver is using the vehicle for personal use.
During period 1, Uber and Lyft are not responsible for anything a driver does. The driver’s personal insurance coverage is the only policy that applies.
Under Nevada law, the driver’s coverage may be as little as:
- $25,000 per person per accident for injuries or death and
- $20,000 for property damage.5
Some auto insurance companies offer Uber and Lyft drivers “ride-share insurance” also known as “gap insurance.” These optional policies provide extra coverage for ride-hail drivers when they are off-duty and do not punish them for using their cars for ride-sharing.
Period 2: Driver Active, but Waiting for a Ride Request
Period 2 (a.k.a. “driver mode”) is active when the driver has the Uber or Lyft app on, but has not yet accepted an assignment.
Both Uber and Lyft provide contingent liability insurance during period 2. During this time, the driver’s car insurance is the primary coverage, and the ride-sharing service’s insurer covers any excess damage.
Uber and Lyft’s contingent liability insurance provides:
- up to $50,000 for injury or death, and
- up to $25,000 for property damage.6
While this is clearly better than the minimum limits required for individual drivers under Nevada law, it is still well below the 250/500/50 limits that taxicabs must carry.7
On the other hand, taxis in Nevada are not required to maintain uninsured motorist or underinsured motorist coverage. This means if you are hit by an uninsured motorist while riding in a Las Vegas taxi, your injuries are not covered by the taxi company. So in this respect, taking Uber or Lyft can be preferable to using a taxi driver.
See our related article on our Las Vegas taxi cab accident lawyers.
Period 3: Trip Request Accepted Through End of Ride
Period 3 starts the moment the ride-share driver accepts your request (which is earlier than the passenger pick-up). It ends once the driver drops off all passengers at their destination, and the trip has ended in the app.
During Period 3, the ride-sharing service’s commercial liability policy is liable. Both Lyft and Uber carry commercial liability insurance with limits of:
- up to $1,000,000 per person per accident, and
- a maximum of $2,000,000 for all passengers.
Note that personal auto insurance policies usually do not cover ride-for-hire services; therefore, drivers who ride-share for companies that are not Uber or Lyft should double-check that those companies provide insurance.
3. Who can I sue?
It may be possible to file Nevada ride-sharing claims against:
- the ride-hailing company itself (such as Lyft or Uber);
- the driver of the ride-share vehicle (though typically the driver does not have much money);
- another driver on the road who may have caused or contributed to the accident (and/or that driver’s employer, if that driver was on duty);
- the manufacturer of the vehicle if it was defective; and/or
- the mechanics who last serviced the vehicle if they caused it to be defective
Common grounds for a lawsuit following an Uber/Lyft accident include:
- negligence or negligence per se against the at-fault driver(s)
- negligent hiring against the ride-sharing company
- products liability against the car manufacturer
4. What damages can I recover?
Nevada ride-hailing lawsuits seek compensation for:
- medical bills,
- anticipated future medical expenses,
- physical and/or occupational therapy,
- long- or short-term care,
- lost wages,
- lost earning capacity,
- car repair bills,
- disfigurement, and/or
- pain and suffering
If someone in your family was killed during an Uber or Lyft accident, you may be entitled to recovery in a wrongful death lawsuit.
Uber and Lyft also provide contingent liability insurance when their drivers are waiting for a request.
5. What if I am partially to blame?
Nevada’s comparative negligence law allows you to recover damages as long as the other party was at least 50% responsible for the accident.8 Your final payout would just be reduced in proportion to your degree of fault.
So if you sustained $10,000 in damages in a ride-sharing crash you were 50% at fault for, you could recover up to $5,000 (half of $10,000).
6. Recent Settlements and Verdicts
It is hard to tell since the majority of Uber and Lyft personal injury cases resolves with a confidential settlement. Though in the highly-publicized case of an Uber self-driving car striking and killing a pedestrian in Arizona, one expert estimates that the victim’s family may have received up to $3 million (before attorneys’ fees).9
7. How can a lawyer help me if I am injured in a ride-sharing accident?
Most Las Vegas accident lawsuits settle out-of-court. If there is more than one liable insurance carrier, the insurers will usually work out the liability among themselves.
In some cases, each carrier points a finger at the other. Trying to negotiate a settlement by yourself under these conditions will usually result in your being offered “nuisance value” to go away. This amount is less than what you deserve.
Our experienced Las Vegas car accident lawyers know how to negotiate a settlement no matter how many parties are involved. The statute of limitations in Nevada personal injury cases can be as short as two (2) years, so be sure to contact us right away to start working on your case.10
8. 10 Steps to Take After an Uber or Lyft Accident
- Call 911 and get medical help. Even if the crash is not serious, calling 911 nearly ensures that first responders will come to the scene and that law enforcement will write a police report. Even if you feel fine, allow the EMTs to examine you to see if you need first aid or a hospital.
- Report the crash to Uber or Lyft. You can use the app or phone customer service. Delaying this step could hinder you recovering for your injuries.
- DO NOT ADMIT FAULT. Even if you believe you caused the crash, you could be wrong. Let your attorneys investigate the incident.
- Exchange insurance and contact information with the other involved parties. This is true even if you were just a passenger in the Uber or Lyft.
- Document the accident scene. Use your phone to take pictures and videos of the aftermath, the location, any injuries, the Uber or Lyft decals, and the license plates of all the vehicles involved. This is all vital evidence.
- Gather contact information from any eyewitnesses. Their statements may be necessary when the insurance parties are determining fault.
- Get the duty status of the Uber or Lyft driver. If you were not a passenger in the ride-share car, ask them whether they were waiting for a request or had accepted a request. Their status determines which insurance company pays.
- Go to urgent care and follow the doctor’s orders. It is not unusual for car accident injuries to take time to manifest, so always get a medical exam right away even if you believe you are uninjured. Tell the doctor what happened so they know what to look for. Also be sure to follow their treatment plan, or else the insurer will accuse you of purposely making your injuries worse. If you live outside of Nevada, get the exam in Nevada: This medical record helps prove that any injuries occurred in Nevada.
- Do not throw anything out related to the accident. Keep all your bills, receipts, and any other evidence of your expenses caused by the crash. This will help prove the extent of your damages.
- Call an attorney. Concentrate on healing while your lawyer concentrates on getting you the biggest settlement possible.
Additional Resources
For alternatives to ride-sharing in Nevada, refer to the following:
- Las Vegas Monorail – A quick and easy way to travel between the SAHARA Las Vegas Station and the MGM Grand Station.
- Regional Transportation Commission (RTC) of Southern Nevada – Bus system in Clark County, Nevada (which includes Las Vegas).
- Regional Transportation Commission (RTC) Washoe – Bus system in Washoe County, Nevada (which includes Reno).
- Taxicab Company Contact Information – List of licensed taxi cab companies by the Department of Business and Industry Nevada Taxicab Authority.
- Getting Around Las Vegas – Overview of options by visitlasvegas.com.
Legal references:
- See Uber insurance policies; also see Lyft insurance policies.
- NRS 706A.050.
- Nev. Rev. Stat. 706A.060.
- NRS 706A.160.
- Nev. Rev. Stat. 485.185.
- See also links in endnote 1.
- NRS 706.305; NAC 706.191. Also see, for example, Kideckel v. Prasad (Eighth Judicial District Court of Nevada, Clark County, 2019) 2019 Nev. Dist. LEXIS 107.
- NRS 41.141.
- Ryan Randazzo, “Uber reaches settlement with family of woman killed by self-driving car,” AZcentral.com (March 29. 2018); see also Tracey Lien, “Uber settles wrongful-death lawsuit in San Francisco,” Los Angeles Times (July 15, 2015).
- See also Torres v. Nev. Direct Ins. Co., (2015) 131 Nev. 531, 353 P.3d 1203, 131 Nev. Adv. Rep. 54; also see Pack v. LaTourette, (2012) 128 Nev. 264, 277 P.3d 1246, 128 Nev. Adv. Rep. 25.