What to Do If Uber or Lyft Denies Your Accident Claim

Getting a denial letter after a rideshare accident is one of those moments that feels like the ground shifting under you. You were hurt, you filed the claim the way that it was supposed to be filed, and now an insurance company is telling you no. It's frustrating, and for a lot of people it lands like a verdict.

It isn't one.

A denial from Uber or Lyft's insurer is a decision that is made by one party that has a financial interest in not paying out. It can be challenged, it can be appealed and in plenty of cases it gets reversed once the right pressure is applied and the right documentation is put in front of the right people. What matters is understanding why it happened and knowing that getting a Lyft and Uber accident attorney involved is usually what actually moves things forward.

Why Uber or Lyft Accident Claim Denials Happen So Often

Rideshare accident claims are denied at a higher rate than most people expect, and it's not usually because the claims that are being made don't have merit. The insurance structure that surrounds Uber and Lyft is complicated by design, and that complexity creates a lot of room for insurers to say no.

The most common reasons that are used to justify a denial include:

  • A dispute about what phase of the trip the driver was in when the crash happened, since coverage changes depending on whether the app was on, whether a ride had been accepted or whether a passenger was in the car at the time

  • A liability dispute where the insurer argues the driver wasn't at fault or that fault was shared in a way that reduces or eliminates the claim entirely

  • Missing documentation, things like a police report, medical records or app records that weren't submitted with the initial claim

  • The personal auto insurer for the driver denying coverage because a commercial exclusion in the policy is being pointed to as the reason

  • The rideshare company's insurer arguing that a different policy should respond first, and the other insurer taking the same position, which leaves the injured person stuck in the middle while both sides point at each other

Our post on insurance challenges in rideshare accident cases goes into the tactics that are used by rideshare insurers in more detail, and a lot of what's described there explains exactly why denials happen as often as they do.

The Coverage Period Problem for Rideshare Accidents

This is the piece of the puzzle that catches a lot of people off guard, and it's worth spending a minute on it because it's behind a large share of the denials that are issued.

Under California law, Uber and Lyft are required to maintain specific insurance coverage at each phase of a driver's activity. The coverage that applies isn't the same across all three periods, and the gaps that exist between them are where a lot of denied claims end up falling through.

When the app is off, the rideshare company's insurance has nothing to do with what happened. When the app is on but no ride has been accepted, limited contingent coverage may apply but it's lower than what kicks in once a ride is active. When a ride has been accepted or a passenger is in the car, the full $1 million commercial policy is supposed to be made available.

The reason this matters for denials is that insurers will often dispute which period the driver was actually in at the time of the crash. If it can be successfully argued that the driver was in an earlier phase, the coverage that's available drops considerably. And if it can be argued that the driver's personal policy should respond first, the rideshare company's policy doesn't have to engage at all. For a deeper look at how this works, our post on Uber and Lyft's insurance policies and how they affect passenger claims lays it out clearly.

A Denial From One Insurer Doesn't Close Off Everything

Here's something that's genuinely worth knowing if a denial has already been received. The rideshare insurance picture involves multiple policies and multiple potential parties, and a no from one of them doesn't mean a no from all of them.

If the driver's personal insurer denied the claim because of a commercial exclusion, the rideshare company's own policy may still be available depending on what phase the driver was determined to be in. If the rideshare company's insurer denied it based on a liability dispute, that determination can be challenged with additional evidence that is brought forward. And if another driver was involved in the crash, their liability coverage is a completely separate avenue that may not have been fully explored yet.

A Lyft and Uber accident attorney looks at all of these at the same time rather than accepting one insurer's answer as the final word on the whole situation.

What Can Actually Be Done After a Claim Has Been Denied

Getting a denial letter doesn't mean it has to be accepted. There are real steps that can be taken to push back, and the strength of that pushback depends a lot on how well documented the claim is and whether legal representation has been brought in.

Things that tend to make a difference:

  • Getting the driver's app records pulled, which show what status they were in at the exact time of the crash and can directly contradict a period dispute that's being used to justify a denial

  • Making sure the police report is submitted if one wasn't originally included, or pushing back if the insurer's characterization of fault is being disputed

  • Making sure all medical records are organized and clearly connected to the accident rather than leaving room for the insurer to argue that the injuries were caused by something else

  • Filing a complaint with the California Department of Insurance if the insurer has been sitting on the claim without a proper investigation or if it has been denied without a reasonable basis being provided

  • Having a Lyft and Uber accident attorney send a formal demand letter, which changes the tone of the whole situation considerably because the insurer now knows someone is watching and is prepared to take things further

What Happens If the Insurer Still Won't Budge

Sometimes a denial gets reversed with additional documentation and a formal demand. Sometimes it doesn't, and a lawsuit is what actually ends up moving things. That's not as dramatic as it sounds, because the majority of rideshare injury cases that get to the lawsuit stage still end up being settled before a trial actually happens. What filing a lawsuit does is apply a level of pressure that a claim alone doesn't carry, and it puts the insurer on a timeline that has to be responded to.

A Lyft and Uber accident attorney who handles these cases regularly understands both when it makes sense to keep pushing on the claim side and when it's time to escalate, and that judgment tends to produce better outcomes than trying to navigate it without legal help.

Don't Let Time Work Against Your Claim

California's statute of limitations for personal injury claims is two years from the date of the accident. That clock doesn't pause because a denial was received or because negotiations with the insurer have been going back and forth. And given that rideshare claims can involve more back-and-forth than a typical accident claim because of the layered insurance structure, two years can genuinely sneak up on people.

If a denial has already been received and some time has passed, it's worth getting a Lyft and Uber accident attorney involved sooner rather than later to make sure nothing is being lost just because the calendar kept moving while everything was being sorted out.

Talk to a Lyft and Uber Accident Attorney Before You Walk Away From This

A denied rideshare claim is not the end of the road. It's one insurer's position, made by people that are paid to limit what gets paid out. That position can be challenged, and in California it frequently is.

Steinberg Injury Lawyers has been handling rideshare accident cases throughout Southern California for years, including cases where an initial denial was the starting point rather than the end of it. If your claim has been denied, reach out for a free consultation and we'll help you figure out what options are actually still on the table.

Peter Steinberg
Connect with me
Los Angeles Personal Injury Attorney Since 1982
Post A Comment