How do you file a Nevada ride-sharing lawsuit after an accident?
But if you are driving and then hit by an Uber or Lyft driver, Nevada ridesharing accident law bases liability for the rideshare accident upon:
- Who was at fault, and
- Whether the driver was carrying or looking for passengers at the time
Either way, you may be entitled to Nevada compensatory damages from a commercial insurer if:
- You were a passenger riding in a car that you ordered through Lyft or Uber (regardless of who was at fault for the collision), or
- You were hit by — or because of — a Lyft or Uber driver transporting passengers, or
- You were hit by — or because of — a driver who was actively looking for passengers through Lyft or Uber
To help you better understand Nevada’s ride-hailing accident laws and how to bring lawsuits, our Las Vegas personal injury lawyers discuss the following below:
- 1. What Nevada laws apply to ride-sharing accidents involving Uber and Lyft?
- 2. What are the three periods of liability for ride-sharing drivers?
- 3. Whom do I sue if I am injured in a Las Vegas ride-sharing accident?
- 4. What damages can I recover in a Las Vegas Uber or Lyft accident?
- 5. What if I am partially to blame for the accident?
- 6. What are some recent settlements and verdicts in ride-sharing lawsuits?
- 7. How can a lawyer help me if I am injured in a ride-sharing accident?
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 smart phone.
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, and they end when the last passenger fully disembarks from the motor vehicle operated by the driver.3
Chapter 706A also sets forth certain minimum conditions for drivers and obligations of “transportation network companies.” These include background checks of driver’s driving and criminal histories. (See our related article, Can I become an Uber or Lyft vehicle driver with a DUI?)
NRS 706A also mandates that Uber and Lyft drivers show 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 rideshare company they drive for.)
The easiest way to think of ride-hailing liability is to divide the coverage into three periods:
- Period 1: No ride-hailing activity by driver
- Period 2: Driver active, but waiting for a request
- Period 3: 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 in.
Period 1 applies when the driver is not carrying passengers and is not actively seeking them. In other words, the driver is using his/her own 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 insurance companies offer Uber and Lyft drivers “ride-share insurance” also known as “gap insurance.” These 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. Such policies are optional and are not required by Nevada ride-hailing laws.
Period 2 (also referred to as “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 required of taxicabs.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.
However, this contingent liability insurance does not cover you if you were at fault for the accident. It applies only when you are hit by an at-fault driver who is actively looking for passengers using the Uber or Lyft app.
Period 3 starts the moment the ride-share driver accepts your request (which is earlier than the passenger pick up). It ends once all passengers have been dropped at their destination and the trip has ended in the app.
During Period 3, the ride-sharing service’s commercial liability policy is usually primarily liable. Both Lyft and Uber carry commercial liability insurance with limits of up to $1,000,000 per person per accident (to a maximum of $2,000,000 for all passengers).
It may be possible to file Nevada ride-sharing claims against the following parties:
- the ride-hailing company itself (such as Lyft or Uber);
- the driver of the rideshare 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
In many cases, there is more than one liable party in ride-hailing accidents. A Las Vegas personal injury lawyer can help the victim determine which parties to bring a Nevada Uber or Lyft lawsuit against.
If you have been injured in a motor vehicle accident by a Lyft or Uber driver, a Nevada ride-hailing lawsuit can seek compensation for:
- Medical bills in Nevada,
- Anticipated future medical expenses,
- Physical and/or occupational therapy,
- Long- or short-term care,
- Lost wages in Nevada,
- Lost earning capacity in Nevada,
- Car repair bills in Nevada,
- Disfigurement, and/or
- Pain and suffering in Nevada
And if someone in your family was killed during an accident involving an Uber or Lyft trip or in which a ride-hailing driver was at fault, you may be entitled to recovery in a Nevada wrongful death lawsuit.
While you are not covered by a ride-hailing policy if the accident was your fault, you may be covered if you were only partly to blame.
Specifically, Nevada’s comparative negligence law allows accident victims to recover damages as long as the other party was at least 50% responsible for the accident.8 Although victims who were partly to blame typically recover less money than victims who were blameless, the payout may still be substantial under Nevada ride-sharing accident laws.
Our caring Las Vegas ride-sharing accident lawyers can help you determine who was at fault for an accident and which driver or insurer may be liable.
There actually is not that much publicly-available information about financial rewards for victims of ride-hailing accidents.
Uber and Lyft very rarely allow their personal injury cases to go to trial. Trials are expensive, they are bad publicity, and there is always the risk of guilty verdicts and damaging legal precedents.
Therefore, the majority of Uber and Lyft personal injury cases resolve with a settlement. But since these settlements are often confidential, it is impossible to know how much money the victims receive. 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
If you have been hurt in a ride-hailing collision, having personal injury attorneys experienced with filing Nevada Uber accident lawsuits and Nevada Lyft accident lawsuits is very valuable: They can fight nonstop for the highest settlement possible while you concentrate on healing. And attorneys know which defendants have the deepest pockets and how best to negotiate with insurance companies.
Most Las Vegas accident lawsuits settle out-of-court, no matter how many parties are responsible. If there is more than one potentially liable insurance carrier, the insurers will usually work out the liability among themselves.
In some cases however, each carrier points a finger at the other. Trying to negotiating a settlement by yourself under these conditions will usually result in your being offered “nuisance value” to go away. This amount is often less than what you deserve.
Our experienced Las Vegas personal injury lawyers know how to negotiate a settlement no matter how many parties are involved. We will help you avoid the petty delays the insurance companies try to impose to avoid their share of responsibility for your non-serious and serious injuries.10
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.
Injured in a Las Vegas ride-sharing accident? Call us for help…
If you or a loved one has been in a ride-hailing accident, our caring Las Vegas Uber accident attorneys and Las Vegas Lyft accident attorneys can help you file a Nevada ride-sharing lawsuit and recover compensation.
We fight Nevada car accident claims aggressively and proactively.
To schedule a free consultation on your injury claim with one of our experienced Las Vegas car accident lawyers, call us or complete the form on this page.
Do not let Nevada’s confusing laws discourage you! Let us help you get the compensation you need and the justice you deserve.
Disclaimer: Results cannot be guaranteed.
Injured in California? See our article on Lawsuits against Lyft and Uber in California.
- See Uber insurance policies; Lyft insurance policies.
- NRS 706A.050.
- NRS 706A.060.
- NRS 706A.160.
- NRS 485.185.
- See links in endnote 1.
- NRS 706.305; NAC 706.191.
- 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; see also Pack v. LaTourette, (2012) 128 Nev. 264, 277 P.3d 1246, 128 Nev. Adv. Rep. 25.