Injured Getting In or Out of an Uber or Lyft: Who’s Responsible?

Does the trip coverage apply at the curb?

In most cases, yes. Rideshare insurance runs by trip period, and the highest coverage applies once a driver accepts a ride until the trip ends.

California spells this out. Its regulator defines the passenger period as running from the time the passenger enters the vehicle until they exit, with $1 million in primary commercial coverage. Other states use similar trip-period rules, though not always in the same words.

Two practical points:

• Before pickup, the driver is in the “heading to the rider” period, which also carries the higher limits in most states.
• The trip’s end in the app doesn’t always match the moment you step out. If the driver ended the trip early, or you were hurt a few steps away, expect the insurer to argue about it. Screenshot the trip times.

Where the driver stops matters

Drivers have a duty of care in how they pick up and drop off riders. Courts have looked at:

• Stopping in a live traffic lane instead of pulling to the curb
• Stopping in a bike lane, where passengers open doors into cyclists
• Red zones, intersections and highway shoulders
• Pulling away before a passenger is fully in or out

A California example. A California appellate court held, in an unpublished decision called Mason v. Uber, that rideshare drivers owe ordinary care in choosing where and how to let passengers out. That case involved a driver who stopped in a red zone with hazards on, where a passenger’s door struck a passing worker.

A New York example. Emily Wu was hit by another car almost immediately after her Uber driver let her out in traffic. Her case became known for its arbitration ruling: New York’s highest court held she had to arbitrate her claim against Uber. But the facts show the risk exactly. See Uber and Lyft Arbitration Clauses: Can You Still Sue After an Accident?

Who can be responsible

• The rideshare driver, for an unsafe stop or for moving too soon. The trip’s coverage usually responds.
• Another driver who hit you after you got out. Their insurance comes first. UM/UIM applies if they’re uninsured or fled.
• The property owner, if you fell on a broken curb, an icy walkway or a dark lot at a business pickup spot. That’s a premises claim, separate from the rideshare policy.
• The company itself, in some states. Whether Uber owes riders the heightened duty of a common carrier is being litigated. See Does Uber Owe North Carolina Riders the Same Safety Duty as a Taxi Company?

Your own share of fault matters too. If you opened the door without looking, most states reduce your recovery by your percentage of fault. A few bar recovery if your share is too high. The rules vary by state.

Riders who need more time

Riders with disabilities, older riders, and parents with children or car seats often need more time at the curb. A driver who rushes, refuses to wait, or stops where a rider can’t safely get out can create liability. Accessibility obligations are a separate legal area. See Did Lyft Have to Offer Wheelchair-Accessible Rides in Westchester?

What to do right away

1. Screenshot the trip, including the start and end times and the pickup and dropoff pins.
2. Photograph where the car stopped: the lane, curb, signs and bike lane markings. The location is often the whole case.
3. Get witness names and phone numbers.
4. Call police if another car was involved, and get the report number.
5. Get medical care, and keep the records.
6. Report the accident through the app.
7. Ask nearby businesses for camera footage this week.

For the evidence side in more detail, see How to Get Uber and Lyft Trip Records, App Data and Video After an Accident.

FAQs

I was hurt getting out of an Uber. Am I covered?

Usually, yes. If the trip was still active, the trip’s coverage applies in most states. California defines the passenger period as running until you exit. If the driver ended the trip early, save the trip times.

The Uber driver dropped me off in traffic and another car hit me. Who pays?

Start with the other driver’s insurance. The rideshare driver may also share fault for an unsafe dropoff, which can bring in the trip coverage. UM/UIM applies if the other driver was uninsured or fled.

I fell on the curb at my pickup spot. Is that Uber’s fault?

Usually not, unless the driver stopped somewhere unsafe. A fall caused by a broken curb or an icy walkway is usually a claim against the property owner.

Can my own carelessness reduce my claim?

Yes. Most states reduce what you can recover by your share of fault, such as opening a door without looking. The rules vary by state.

Does arbitration apply to a dropoff injury?

If you’re a rider with an Uber account, Uber will likely argue your claim against the company belongs in arbitration. A claim against another driver who hit you isn’t covered by Uber’s terms.

Find your state’s rules

Start from the state index, or go straight to California, New York or North Carolina.

Sources and limits

Laws and decisions are described as of the date above. Unpublished decisions have limited value as precedent.

• CPUC — TNC insurance requirements
• Wu v. Uber Tech., Inc., 2024 NY Slip Op 05869 (N.Y. Nov. 25, 2024)
• Rabbi Lawyer Tort Talk — Mason v. Uber: Uber’s duties when dropping off passengers
• Uber — Driver insurance
• Lyft — Driver insurance

This is general information, not legal advice, and RideClaim.co is not a law firm.