Whether you were a passenger, another driver or someone on foot, a crash involving an Uber or Lyft raises a question ordinary crashes do not: which insurance policy applies. The answer can depend on what the driver’s app showed at the moment of impact.
Our Milwaukee office handles rideshare accident claims under Wisconsin’s transportation network company law. We work on a contingency fee, so you pay no attorney fee unless we recover money for you.
Wisconsin Rideshare Insurance Rules
Wisconsin calls Uber, Lyft and similar services transportation network companies, or TNCs. State law sets the insurance that must be in place, and the amount depends on the driver’s status in the app.
App On, Waiting for a Ride Request
While a driver is logged on and waiting for a request, Wisconsin requires primary liability coverage of at least $50,000 per person and $100,000 per incident for death and bodily injury, and $25,000 for property damage (Wis. Stat. 440.48(1)(b)1.). Primary uninsured motorist coverage is also required during this period (Wis. Stat. 440.48(1)(b)2.).
Ride Accepted or Passenger in the Car
A driver is engaged in a ride from the moment the driver accepts a passenger’s request through the app and while transporting that passenger (Wis. Stat. 440.40(7)). During that time, Wisconsin requires primary liability coverage of at least $1,000,000 for death, bodily injury and property damage, plus primary uninsured motorist coverage (Wis. Stat. 440.48(1)(c)).
If the Driver’s Insurance Falls Short
If the driver’s own insurance has lapsed or does not provide the required coverage, the TNC’s insurance must provide it from the first dollar of the claim and defend the claim (Wis. Stat. 440.48(1)(d)). TNC coverage also cannot depend on a personal auto insurer denying the claim first (Wis. Stat. 440.48(1)(e)).
Personal auto insurers may exclude coverage for any loss that happens while a driver is logged on to the app or engaged in a ride (Wis. Stat. 440.48(3)(a)).
Proving the Driver’s App Status
After a crash, the TNC and insurers involved must share the precise times the driver logged on and off the app in the 12 hours before and the 12 hours after the accident (Wis. Stat. 440.48(3)(d)). The driver must also disclose, on request, whether they were logged on or engaged in a ride at the time of the accident (Wis. Stat. 440.48(1)(h)).
Deadlines and Fault in Wisconsin Rideshare Cases
In Wisconsin, most personal injury lawsuits must be filed within 3 years (Wis. Stat. 893.54(1m)(a)). If a crash takes someone’s life, the family’s wrongful death claim must be filed within 2 years (Wis. Stat. 893.54(2m)).
Under Wisconsin’s comparative negligence rule, you can still recover if your share of fault is not greater than the share of the person you are claiming against, but your compensation is reduced by your percentage of fault (Wis. Stat. 895.045(1)).
Your Role in the Crash Matters
A passenger may have claims against the rideshare driver, another driver who caused the collision, or both. People outside the rideshare vehicle can make a claim against whichever driver caused the crash and that driver’s liability insurer, up to its policy limits (Wis. Stat. 632.24).
How Rideshare Accidents Happen
Distraction from the App
Distracted driving includes using a phone or a navigation system, or anything else that takes a driver’s attention away from safe driving. Sending or reading a text takes a driver’s eyes off the road for 5 seconds, according to NHTSA.
Fatigue
According to NHTSA, fatigue from causes such as a late or long work shift can lead to impaired performance and motor vehicle crashes.
Other Drivers
If another driver hit the rideshare vehicle, passengers may have claims against that driver and their insurer.
Injuries and Compensation After a Rideshare Crash
Learn more about pedestrian accident claims and bicycle accident claims.
When we build a rideshare claim, we document:
- Medical treatment and future care
- Income lost while you recover
- Pain, emotional distress and the loss of normal activities
- Property damage, if your vehicle was hit
Punitive damages, which punish rather than compensate, may be available when the defendant acted maliciously or in intentional disregard of your rights (Wis. Stat. 895.043(3)). They are generally limited to twice the compensatory damages or $200,000, whichever is greater, but that limit does not apply to a driver who was too intoxicated to drive safely (Wis. Stat. 895.043(6)).
When a rideshare crash is fatal, Wisconsin limits some wrongful death damages. Damages for loss of society and companionship are capped at $350,000 when the person who died was an adult and $500,000 when the person was a minor (Wis. Stat. 895.04(4)).
What to Do After an Uber or Lyft Accident in Milwaukee
- Call 911 and get medical care
- Take a screenshot of the trip in your app, including the driver’s name and vehicle
- Photograph the vehicles, the scene and your injuries
- Ask the rideshare driver whether they were logged on or carrying a passenger, and write down the answer
- Get insurance information from every driver involved
- Collect witness names and phone numbers
- Report the crash through the rideshare app, keeping your description brief and factual
- Call 844-SEE-MIKE before giving a recorded statement to any insurer
How 844-SEE-MIKE Helps After a Milwaukee Uber or Lyft Accident
When you call 844-SEE-MIKE, you talk with our team about what happened, and there is no cost to find out where you stand. If we take your case, we negotiate with the insurance company on your behalf and gather the records and evidence for your claim.
- Free consultation, available 24/7
- No fee unless we recover money for you
Frequently Asked Questions
Does it matter whether the crash involved an Uber or a Lyft?
Not for the insurance minimums. Wisconsin’s rideshare insurance requirements apply to transportation network companies and their drivers generally (Wis. Stat. 440.48). We handle claims involving both Uber and Lyft.
What if the rideshare driver was not logged on to the app?
Wisconsin’s rideshare insurance requirements are tied to the periods when the driver is logged on or engaged in a ride (Wis. Stat. 440.48(1)(b) and (c)). If the driver was logged off, the rideshare insurance requirements do not apply (Wis. Stat. 440.48(1)(b) and (c)), and other insurance, such as the driver’s own auto liability policy, may cover the crash (Wis. Stat. 344.62(1)).
Can I make a claim if I was the rideshare driver?
Often, yes. If another driver caused the crash, you can make a claim against that driver like anyone else hurt in a collision. Keep in mind that your personal auto policy may exclude coverage while you were logged on or on a trip (Wis. Stat. 440.48(3)(a)).
Should I accept a quick settlement from the rideshare company’s insurer?
Not before you know the full extent of your injuries. A free consultation can help you weigh any offer.
Learn about car accident claims or return to our Milwaukee personal injury overview.
If you or someone you love was hurt in Milwaukee, contact 844-SEE-MIKE anytime for a free, no-pressure consultation. You pay nothing unless we recover money for you.
This information is general and is not legal advice. Every case is different, and past results do not guarantee a future outcome.
