Who Is Responsible When a Rideshare Driver Hits a Pedestrian in Portland?

If an Uber or Lyft driver strikes you while you are crossing a Portland street, who actually pays for your injuries? The driver, their personal insurer, or the rideshare company itself? The answer depends heavily on what the driver was doing on the rideshare app at the exact moment of the crash. At Rosenbaum Law Group, PC, we see this question come up often, and the details of a driver’s app status can make a significant difference in how a pedestrian’s claim gets resolved.

Why the Driver’s App Status Matters So Much

Rideshare companies do not carry the same insurance coverage at all times. Oregon regulates this directly through its transportation network company insurance laws, codified at ORS 742.585 to 742.600. These statutes require different levels of coverage depending on whether a driver is logged into the app waiting for a ride request, actively en route to pick up a passenger, or currently transporting a rider. A pedestrian struck by a rideshare vehicle needs to know which of these periods applied at the time of the crash, since it often determines which insurance policy covers their losses.

The Three Periods That Determine Coverage

Rideshare insurance in Oregon generally breaks down into a few distinct categories:

• App off entirely: the driver’s personal auto insurance applies, just as it would for any other driver
• App on, waiting for a ride request: a lower tier of contingent coverage from the rideshare company typically applies, alongside the driver’s personal policy
• En route to a pickup or actively transporting a passenger: the rideshare company’s higher tier commercial coverage generally applies, often providing significantly more coverage than a personal policy would

Because these tiers carry very different coverage amounts, a pedestrian’s claim can look completely different depending on which period applied when the crash happened.

Who Actually Ends Up Paying?

In many cases, more than one insurance policy could potentially apply, and rideshare companies do not always make it easy to determine which one is responsible. Both the driver’s personal insurer and the rideshare company’s commercial insurer may attempt to point toward the other, particularly in the gray area between having the app on and accepting a ride request. Untangling this often requires pulling trip data directly from the rideshare company, since it can show precisely what the driver’s app status was at the moment of impact.  When the injuries are severe enough, the pedestrian’s own insurance may also provide coverage.

Contact Our Portland Pedestrian Accident Attorneys

Being hit by a vehicle while walking is disorienting enough without also having to sort out which insurance company is supposed to be covering your injuries. If a rideshare driver struck you in Portland, we encourage you to reach out for help sorting through the coverage questions specific to your situation. Contact Rosenbaum Law Group, PC today to speak with our Portland pedestrian accident attorneys about your case.

Source:
oregonlegislature.gov/bills_laws/ors/ors742.html