Ride share companies like Uber and Lyft have become a part of everyday life in Indiana. Chances are you’ve ridden in a ride share vehicle at some point.
Unfortunately, as the popularity of ride share services has increased, so have accidents involving ride share drivers. When a crash occurs, many injured people assume the claim will be handled just like any other car accident. In reality, ride share cases are often more complicated because there may be multiple insurance policies involved, and Indiana law has specific rules that apply to Transportation Network Companies (“TNCs”) such as Uber and Lyft.
Insurance Coverage Depends on What the Driver Was Doing
One of the first questions that needs to be answered in any ride share accident case is whether the driver was actively using the ride share app at the time of the collision. The answer can have a significant impact on the insurance coverage available to an injured person.
When the Driver Is Logged Off
If the driver is not logged into the Uber or Lyft app, the case is generally treated like any other automobile accident. In that situation, the driver’s personal automobile insurance policy will usually provide the available coverage.
When the Driver Is Logged In but Waiting for a Ride
Things change once the driver logs into the app and makes themselves available to accept ride requests. Under Indiana law, minimum insurance coverage during this period includes:
- $50,000 per person for bodily injury or death;
- $100,000 per accident for bodily injury; and
- $50,000 for property damage.
This coverage may be provided by the driver, the ride share company, or a combination of both.
When a Ride Has Been Accepted
The most significant coverage becomes available once the driver accepts a ride request. From the time the ride is accepted until the passenger exits the vehicle, Indiana law requires at least $1,000,000 in liability coverage. For people who suffer serious injuries, this million-dollar policy is often the most important source of compensation.
Is a Claim Against DoorDash Different?
A key difference is that DoorDash’s policy is generally excess coverage, meaning the driver’s personal auto insurance is expected to respond first if it applies. (Uber and Lyft’s policies are often structured to provide primary coverage during passenger transport). However, it is common for many personal auto policies to contain a business-use exclusion. What that means is that when the insurer discovers the driver was delivering food, it may deny coverage. If that occurs, the DoorDash policy may become the primary source of recovery, but coverage questions often arise. DoorDash still requires at least $1,000,000 in liability coverage.
Can You Sue Uber or Lyft Directly?
One of the biggest misconceptions about ride share accidents is that the TNC is automatically responsible whenever one of its drivers causes a crash. In reality, Indiana has a statute that defines these drivers as independent contractors rather than employees. In the case of Black v. Shaffer, 253 N.E.3d 565 (Ind. Ct. App. 2025), the Indiana Court of Appeals held that DoorDash was not vicariously liable for injuries caused by one of its drivers, and the driver was an independent contractor as a matter of law. That distinction is important because it often protects ride share companies from being held directly liable for a driver’s negligence.
Even when the ride share company itself is not legally responsible for the crash, the insurance coverage required under Indiana’s TNC laws can still provide substantial compensation for injured victims.
Why Investigation Matters
Following an accident, it is critical to contact the police and report the collision to them to help identify the drivers involved and the circumstances surrounding the accident. Ride share accident cases are extremely fact specific and frequently involve multiple insurance carriers, questions about app status, and disputes over which policy applies. As a result, obtaining the ride share company’s electronic records can be critical. Those records often show whether the driver was logged into the app, waiting for a ride request, transporting a passenger, or completely off duty when the collision occurred.
If you have been injured in an accident involving a TNC vehicle, it is important to act quickly. Preserving evidence and identifying all available insurance coverage early in the process can make a significant difference in the outcome of your claim. An experienced Indiana personal injury attorney can help investigate the crash, identify all available sources of recovery, and pursue the compensation you deserve. Call the attorneys at Banks & Brower anytime at (317) 8780-0019 or email us at [email protected] for a free consultation. For every hour, there’s Banks & Brower.
