You grab an Uber or Lyft after a fun night on the Strip or to get to Harry Reid International Airport. You expect a safe, easy ride. But suddenly, your driver runs a red light, or another car slams into you. You are hurt, the car is wrecked, and the driver is panicking.
When you get to the hospital, you realize something terrifying: you have no idea who is going to pay your medical bills. Is it the driver? Is it Uber? Is it the person who hit you?
My name is Michael I. Gowdey. For over 30 years, I have fought for accident victims in Clark County as a trial lawyer. The rideshare companies want you to be confused. They use complex insurance tiers to avoid paying out. But I know how to cut through their red tape. Here is the honest truth about who pays when you are hurt in a Nevada rideshare accident.
Key Takeaways
- Liability depends entirely on what the Uber or Lyft driver was doing on the app at the exact moment of the crash.
- Rideshare companies provide up to $1 million in coverage, but only if the driver was actively on a trip.
- Nevada law treats rideshare drivers as independent contractors, not direct employees of Uber or Lyft.
- You can recover money as long as you are not 51 percent or more at fault for the crash.
Who is liable if my Uber or Lyft driver causes the accident?
If your rideshare driver causes the crash while you are a passenger, the rideshare company’s $1 million commercial insurance policy covers your injuries. Because the driver had accepted your trip on the app, Nevada law forces Uber and Lyft to provide maximum liability coverage.
Under Nevada Revised Statutes (NRS) 690B.470, rideshare companies must provide massive insurance policies to protect passengers. If your driver was speeding, texting, or driving recklessly and caused the crash, you do not have to rely on their personal car insurance. The company’s $1 million policy pays for your hospital bills, lost wages, and pain and suffering. [Insert link to NV .gov source on NRS 690B.470].
What if another driver hits my rideshare vehicle?
If another driver hits your Uber or Lyft, that at-fault driver’s personal auto insurance pays first. If their insurance is not enough to cover your medical bills, the rideshare company’s uninsured/underinsured motorist (UM/UIM) coverage will step in to pay the rest.
Nevada is an “at-fault” state. This means the person who causes the crash pays for the damage. If a drunk driver hits your Lyft on Flamingo Road, we go after that driver’s insurance first. If they only have a basic state minimum policy, it will not be enough for a serious injury. That is when my team forces the rideshare company’s backup policy to cover the difference. [Internal Link: Las Vegas Personal Injury page].
How much insurance covers a rideshare accident in Nevada?
Rideshare insurance in Nevada is split into three phases based on app activity. Coverage ranges from a driver’s personal policy when the app is off, to $50,000 when waiting for a ride, and up to $1 million when actively transporting a passenger.
This is the biggest trick Uber and Lyft play. They argue that because drivers are independent contractors, the company is only responsible during specific “phases” of a ride.
Here is exactly how the insurance coverage breaks down under Nevada law:
| Phase | Driver’s App Status | Who Pays for the Accident? | Liability Coverage Limits |
| Phase 1 | App is OFF. (Personal use) | The driver’s personal auto insurance. | Usually $25,000 per person / $50,000 per crash. |
| Phase 2 | App is ON. Waiting for a request. | The rideshare company’s contingent policy. | $50,000 per person / $100,000 per crash. |
| Phase 3 | Ride ACCEPTED or passenger in car. | The rideshare company’s commercial policy. | Up to $1,000,000 total per crash. |
Note: According to recent data, Phase 2 accidents cause the most legal fights because personal insurance companies refuse to pay when a driver is working. [Insert accurate Clark County statistic here regarding rideshare accident claims].
What should I do in the first 24 hours after a rideshare crash?
In the first twenty-four hours, call 911 to get a police report, take a screenshot of your active trip on the app, seek immediate medical care, and hire a local lawyer before speaking to any insurance adjusters.
When you are in a crash, evidence disappears fast. The rideshare driver might cancel the trip on their app to protect themselves. You need to secure your proof immediately.
Your “First 24 Hours” Checklist:
- Screenshot the app. Capture the driver’s name, license plate, and the screen showing your trip was active. This proves you were in Phase 3.
- Call the Las Vegas Metropolitan Police. You need an official police report to prove who caused the crash.
- Do not talk to Uber or Lyft’s insurance. They will call you quickly and record your statements to twist your words.
- Go to the hospital. Even if you just feel sore, get checked by a doctor to create a medical record.
- Call my firm. My team will immediately send a “spoliation letter” legally forcing the rideshare company to save the driver’s GPS data and app logs.
Can I be blamed for a rideshare accident as a passenger?
It is incredibly rare for a passenger to be blamed for a crash. However, if you refused to wear a seatbelt, aggressively distracted the driver, or grabbed the steering wheel, an insurance company could use Nevada’s modified comparative negligence law to reduce your payout.
Insurance companies always look for a reason to pay less. They might claim your injuries are worse because you did not wear a seatbelt. If a jury decides you are 20 percent to blame for your own injuries, your final payout is reduced by 20 percent. If they decide you are 51 percent or more at fault, you get nothing. My job is to make sure 100 percent of the blame stays on the bad drivers.
Frequently Asked Questions About Nevada Rideshare Accidents
How long do I have to file a lawsuit against Uber or Lyft?
Under Nevada law, you have exactly two years from the date of the crash to file a personal injury lawsuit. If you miss this two-year deadline, you lose your right to sue forever.
Does it matter if the Uber driver was an independent contractor?
Yes. Because drivers are contractors, you generally cannot sue Uber or Lyft directly for the driver’s bad driving. Instead, you file a claim against the massive insurance policies the companies are legally required to carry.
Can I get compensation if I was walking and an Uber hit me?
Yes. If you were a pedestrian hit by an Uber, your payout depends on what phase the driver was in. If they had a passenger in the car, you are covered by the $1 million policy. If their app was off, you must sue the driver’s personal insurance.
Will my own car insurance help pay my bills?
If you have Medical Payments (MedPay) coverage or your own uninsured motorist coverage, you can use those policies to help pay your bills right away, even if you were in someone else’s car.
Do I have to fly back to Las Vegas for court if I live out of state?
Most of the time, no. The vast majority of these cases settle out of court. If you hire me, I handle all the local filings and negotiations in Clark County so you can focus on recovering at home.
What happens if the rideshare driver cancels the ride right after the crash?
This is a common dirty trick to make it look like they were not working. This is why you must screenshot your app immediately. My team can also subpoena the company’s GPS and server records to prove the trip was active when the crash happened.
Should I accept the settlement Uber offers me in the app?
Never. Rideshare companies sometimes offer quick, tiny settlements directly through the app right after a crash. If you click accept, you sign away your right to get the thousands of dollars you actually need for your future medical care.
Get Representation with Heart Today
A rideshare crash leaves you dealing with multiple angry drivers, shady insurance companies, and mounting medical debt. You do not have to fight these massive tech companies alone.
My firm, The Law Offices of Michael I. Gowdey, LTD., is built on one simple rule: Justice with Integrity. Representation with Heart. I will protect you from the adjusters, track down the evidence, and fight to get you every dollar you deserve.