Who Is Liable in a Ride-Share Accident in Ontario?

Uber and Lyft have made travel in Ontario easier, but when rideshare accidents occur, determining liability is far more complex than with standard personal auto insurance.

If you’re injured in an Uber or Lyft accident, understanding Ontario’s liability coverage system is crucial. Whether you’re a passenger, rideshare driver, or pedestrian, an experienced Lyft car accident lawyer or personal injury lawyer can help you navigate the insurance claim process and pursue fair compensation for your injuries and losses.

Understanding How Ride-Share Insurance Works in Ontario

In Ontario, rideshare services, such as Uber and Lyft, are required to carry commercial insurance coverage through Economical Insurance to cover passengers and drivers alike. This is contingent on the status of the driver within the ride-share app at the time of collision.

Each phase will determine what insurance policies apply, along with what liability limits.

• App Off – personal auto insurance applies
• App On (waiting for a ride) – limited commercial coverage applies
• Passenger Accepted or in Transit – full commercial coverage applies

Understanding which phase the Uber or Lyft driver was in helps determine which insurance company is responsible for paying for injuries, property damage, and other losses.

App Off

This is considered using one’s car for personal purposes when the ride-sharing application has been turned off. The driver’s personal auto insurance policy would provide coverage in this instance.

This includes:

• Third-party liability coverage when the driver is at fault.
• Accident benefits (for medical care, rehabilitation, and lost wages).
• Comprehensive and collision coverage, for damage to the driver’s car.

If you were injured by an Uber or Lyft driver when the app was off, then your claim will proceed like any other personal injury or car accident case involving personal auto insurance.

App On (Waiting for a Ride)

Economical Insurance provides limited commercial insurance when the Uber or Lyft driver has the app turned on while waiting for a ride request.

This also covers:

• Third-party liability coverage of at least $1 million,
• Accident benefits cover for injured persons,
• Uninsured motorist coverage if the responsible driver is uninsured.

However, collision coverage and comprehensive coverage are conditional at this stage. That means if the ride-share driver’s personal auto policy includes those coverages, they may also be applicable to the claim.

Passenger Accepted or in Transit

Once a ride request has been accepted or the passenger is in the vehicle, full commercial insurance coverage from Uber’s insurance or Lyft’s insurance kicks in.

This includes:

• Third-party liability coverage of $2 million for all parties involved,
• Accident benefits for the injured person, such as medical expenses, rehabilitation, and income replacement,
• Uninsured and underinsured motorist coverage,
• Contingent collision and comprehensive coverage for vehicle damage.

The injured passengers, other drivers involved, and the pedestrians are provided with the broadest protection by the ride-share company’s commercial insurance policies during this stage.

Determining Fault in a Ride-Share Accident

Fault can be complex to determine in a ride-share accident since it may involve partial responsibility of different parties and insurance companies.

This might include the following:

• The Uber or Lyft driver, if negligence caused the crash,
• Another vehicle involved in the accident,
• Where the ride-share company failed to provide appropriate insurance,
• The injured party’s personal auto insurer, if additional benefits are available.

A personal injury lawyer will gather police reports, medical records, and witness statements from the accident scene to determine liability and support your insurance claim. They will also obtain the contact and insurance information of all parties and ensure you receive the accident benefits you are entitled to.

Liability Scenarios Explained

Liability in a ride-sharing accident will fall on different parties depending on the cause of the accident and which rideshare company insurance applies. In Ontario, this could be shared between the Uber or Lyft driver, another vehicle involved in the collision, or even the company themselves. A Lyft car accident lawyer can help analyze the evidence and ensure that you file the proper car accident claim necessary to receive full compensation.

Ride-share Driver Causes the Crash

In the event that the Uber or Lyft driver is at fault, the commercial insurance coverage of the rideshare company is designed to provide liability coverage once the driver has accepted a ride or has a passenger on board.

This includes up to $2 million in third-party liability coverage from uber’s insurance , accident benefits, and collision coverage for the driver’s vehicle.

For these instances, injured passengers, other drivers, or pedestrians may bring car accident claims against the insurer of the ride-share company for fair compensation covering medical expenses, lost wages, and property damage.

Another Driver Causes the Crash

In situations where another motorist caused the ride-share accident, their personal auto insurance policy and third-party liability coverage compensate those injured.

Meanwhile, the uninsured and underinsured motorist coverage of Uber or Lyft may apply if the at-fault driver does not have enough insurance.

A personal injury lawyer coordinates with multiple insurers to ensure that no benefits are missed and the victim receives full coverage under Ontario’s auto insurance system.

Multiple Drivers Share Fault

In some rideshare accidents, both the rideshare driver and another motorist share responsibility. Under Ontario’s liability coverage system, insurers divide fault based on evidence and police reports, with each paying damages according to their driver’s percentage of fault.

Because these cases involve multiple insurance policies, a skilled Lyft car accident lawyer can help ensure the injured person receives fair compensation.

Pedestrian or Cyclist Hit by a Ride-share Vehicle

When a pedestrian or cyclist is struck by an Uber or Lyft vehicle, they are entitled to accident benefits through the ride-share company’s commercial insurance policy.

If the ride-share driver was at fault, the company’s third-party liability coverage will compensate the victim for medical treatment, rehabilitation, and income replacement. The victim may also pursue additional car accident claims against the at-fault driver or ride-share company for pain and suffering in severe cases.

What If You’re a Passenger in a Ride-Share Accident?

If you were a passenger in an Uber or Lyft, you’re covered by the company’s commercial insurance policy. Once the ride is accepted or in progress, both offer up to $2 million in third-party liability and full accident benefits.

You can file a car accident claim for:

• Medical expenses and rehabilitation
• Lost wages or income replacement
• Pain and suffering

Even if another driver caused the crash, you can still claim benefits through the rideshare company’s insurance coverage.

What If You’re a Ride-Share Driver Injured on the Job?

If you’re a driver for Uber or Lyft who was injured while logged into the app, your coverage depends on your status at the time of the crash:

• App on (waiting for a ride): You are covered for limited commercial insurance, including third-party liability up to $1 million and accident benefits.
• Passenger accepted or in transit: You’re covered by full commercial insurance, including contingent collision coverage for your own vehicle.

However, when the app is off, your personal auto insurance applies instead, and you should also seek medical attention if you are injure . A personal injury lawyer will review the policy terms and challenge wrongful decisions if the insurance company tries to deny coverage.

Uber and Lyft Insurance Coverage

Ontario’s ride-share insurance program, through Economical Insurance, covers both passengers and drivers when certain conditions are met.

Key coverages include:

• Third-Party Liability Coverage: $2 million maximum – for bodily injury or property damage.
• Accident Benefits: Medical treatment, rehabilitation, lost income coverage.
• Uninsured/Underinsured Motorist Coverage: Provides protection for victims when the at-fault driver has inadequate insurance coverage.
• Comprehensive and Collision Coverage: Available if the ride-share driver’s personal policy includes it.

Filing a Claim After a Ride-Share Accident

If you’re injured in an Uber or Lyft accident, acting quickly helps protect your right to compensation.

What to do:

• Get medical attention right away and document your injuries.
• Report the crash through the Uber or Lyft app and to police.
• Gather evidence: photos, witness contacts, and insurance details.
• Notify your insurance company of the collision.
• Consult a Lyft car accident lawyer before speaking to adjusters.

Your lawyer will collect medical records, determine which insurance coverage applies, and file the appropriate car accident claim to ensure you receive fair compensation.

Common Challenges in Ride-share Accident Claims

Ride-share accidents are complex due to multiple insurance policies and disputes over liability. Common issues include:

• Unclear fault between the ride-share driver and another vehicle.
• Limited coverage when the app was off or in waiting mode.
• Insurers denying or delaying payments.
• Disputes about medical evidence or injury severity.

A personal injury lawyer can negotiate with insurers, gather expert reports, and handle the claims process to secure your rightful compensation.

How a Car Accident Lawyer at Grillo Law Can Help with Your Claim

At Grillo Law, our personal injury lawyers handle ride-share accident claims across Ontario. Whether you were a ride-share driver, passenger, or pedestrian, we can help you recover the benefits you deserve.

We will:

• Review your auto insurance policy and identify applicable coverage.
• Manage all insurance company communications and legal paperwork.
• Collect medical documentation and expert opinions to support your claim.
• Pursue fair compensation for medical costs, lost wages, and pain and suffering.

We work on a contingency-fee basis, meaning you pay no legal fees until we win your case.