Rideshare accidents involving passengers occupy the most favorable insurance position in the TNC coverage framework. Under both Lyft's and Uber's commercial insurance programs, Period 3 coverage, which begins when a passenger enters the vehicle and ends when they exit, provides $1 million in liability coverage and applies uninsured/underinsured motorist coverage as well. That coverage is in addition to whatever personal auto insurance the at-fault TNC driver carries. The challenge for plaintiff counsel is proving that the trip was in Period 3 at the time of the crash and navigating the TNC's insurer relationship to access the policy.
The Three Coverage Periods and Why Period Matters
TNC coverage operates in three distinct periods: Period 1 covers the driver from app activation through acceptance of a ride request, at reduced limits; Period 2 covers the driver from acceptance through passenger pickup; Period 3 covers from passenger boarding through drop-off. In a passenger injury case, the crash almost certainly occurred in Period 3, but the driver's app status at the time of impact must be confirmed independently of the driver's own account.
The TNC platform records every trip, including the timestamp for passenger pickup confirmation, the GPS track of the trip route, the timestamp for trip completion, and any in-app events (calls, route changes, driver ratings) that occurred during the trip. That trip log is the definitive record of Period 3 status and is available through discovery from the platform. Request it in your preservation letter and production requests early: TNC platforms archive trip data and are generally responsive to litigation holds, but the specific event log format varies between platforms.
Claiming Against the TNC's $1M Policy
Both Uber and Lyft carry commercial liability policies through insurance subsidiaries (James River Insurance for Lyft historically; Uber works through various commercial carriers). The policy is available when the TNC driver was at fault. In most states, the TNC's commercial policy is primary over any coverage the at-fault driver carries personally. Submit a claim directly to the TNC's insurance carrier after confirming the Period 3 status through the trip log.
When the crash was caused by a third party rather than the TNC driver, the claim initially runs against the at-fault third party's insurance. The TNC's UM/UIM coverage becomes relevant when the third party is uninsured or underinsured. Most state TNC regulations require the commercial policy to include UM/UIM coverage at the $1 million limit during Period 3. If the third party's limits are exhausted and the TNC's UM/UIM is available, present the UM/UIM claim to the TNC's carrier with a copy of the at-fault party's policy declaration confirming the limits.
The TNC Platform as a Defendant
Beyond the insurance claim, plaintiff counsel should evaluate whether the TNC platform itself is a direct defendant. The platforms have historically disclaimed liability as marketplace intermediaries, but that argument has been substantially undermined in courts and legislatures. Several states now classify TNC drivers as employees or impose non-delegable duty standards on the platforms. The Illinois Supreme Court's 2026 ruling in Geller v. Uber struck the TNC arbitration clause in wrongful death cases, opening the door to jury trials against the platform in that jurisdiction.
When pursuing the platform as a direct defendant, the theory typically sounds in negligent retention (the driver had prior safety violations that the platform knew about), negligent vehicle inspection (the platform's periodic vehicle safety check was inadequate), or a non-delegable duty theory for the safe transportation of passengers. Request the driver's full background check and any prior safety incident reports in discovery. Both Uber and Lyft conduct background checks and track driver incident reports through in-app feedback; those records may show a pattern that supports a negligent retention theory.
Damages and the In-App Event Record
The in-app event record is also relevant to damages in crashes where the TNC driver's distraction contributed to the crash. The platform records when the driver received a new ride notification, accepted a subsequent trip while the current passenger was aboard, or accessed the navigation app during the trip. A driver who was accepting a new ride notification while the current trip was in progress was distracted, and that distraction record, timestamped to the moment of impact, is powerful liability evidence.
Medical treatment in a rideshare passenger injury case often begins with emergency transport, making the initial medical records critical for causation. Obtain all emergency treatment records, including the EMS run report which may record the passenger's position in the vehicle and the mechanism of injury, to establish causation for orthopedic or neurological injuries that the defense will contest. For additional coverage on rideshare liability frameworks, see the auto-accidents practice section. Policy stacking issues and UM/UIM claims are addressed in the case law and settlements section.