Personal Injury

Uber and Lyft Accident Attorney, Montana

Rideshare crashes turn into insurance puzzles fast. The coverage that applies can depend on something as specific as whether the driver had accepted your ride yet.

Written by

Ashley Hurlbert, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. 18 years of experience as lead counsel in 50+ jury and bench trials. A Certified Mediator and Certified Guardian ad Litem focusing on family law, criminal defense, and DUI defense.

18 yearsReviewed by Misty GaubatzLast reviewed: August 12, 2026

Rideshare has changed how people get home from downtown Missoula on a Friday night, and it has added a layer of complication to what used to be a straightforward car accident claim. The injuries are the same. The question of who pays for them is not.

The Coverage Depends on What the App Was Doing

This is the part that surprises almost everyone. Rideshare insurance is not one continuous policy that switches on when a driver signs up. It is structured in phases, and the coverage available generally differs depending on the driver's status at the moment of the crash:

App off. The driver is just a person driving their car, and their personal policy is in the ordinary position.
App on, waiting for a request. A middle state, where coverage exists but is typically more limited.
Ride accepted, or passenger on board. The period with the most substantial coverage available.

The practical consequence is that a crash occurring one minute apart can be handled under different insurance. That is why the electronic trip record matters so much, and why it is worth involving someone early: that data sits with the rideshare company, not with you or the driver.

Where You Sat Changes Your Position

If you were a passenger

You are in the cleanest position of anyone in the vehicle. Passengers do not cause collisions, so the fight is not about your conduct. It is about which policy responds and what your injuries are actually worth. Do not let the simplicity of your fault position convince you the offer you receive is automatically fair.

If you were the rideshare driver

You are the most exposed person in this arrangement. Most personal auto policies exclude driving for hire, which means your own insurer may decline a claim arising while you were working, unless you carry a rideshare endorsement. Many drivers do not know whether they have one until they need it.

If you were in the other car, or on foot

You are a third party, and the rideshare connection generally works in your favor because it can mean more coverage is available than a private driver would carry. The obstacle is proof: establishing what the other driver was doing on the app at the moment of impact.

The Independent Contractor Argument

Expect to hear that the driver is an independent contractor rather than an employee. It is raised early and it sounds like a door closing. It is not. The classification affects the legal theories in play; it does not eliminate the substantial liability coverage these companies maintain for periods when their drivers are working.

What to Do After a Rideshare Crash

Screenshot the trip in your app before anything is archived. Driver, vehicle, times, route.
Report the crash through the app, which creates a record on the company's side.
Get medical care and be complete about symptoms, including ones that seem minor.
Photograph both vehicles and the scene, and get witness contacts.
Do not give a recorded statement to any of the insurers until you know which one is actually responsible.

We Will Sort Out the Coverage

You should not have to figure out which of three insurance companies owes you something while you are recovering. We handle these on a contingency basis, so there is no upfront cost and no fee unless we recover. Call 406-830-3060.

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FAQ

Frequently Asked Questions

I was a passenger in an Uber that crashed. Who do I claim against?

As a passenger you are in the strongest position of anyone involved, because you plainly did nothing to cause the collision. The practical question is not whether you have a claim but which policy pays it, and that depends on who was at fault and what the driver's app status was. It may be the rideshare company's coverage, the other driver's policy, or both. You do not need to resolve that yourself before getting help.

Why does the driver's app status matter so much?

Because rideshare insurance is structured in phases rather than as one continuous policy. Coverage generally differs depending on whether the app was off entirely, on but with no ride accepted, or a ride had been accepted and was underway. Those distinctions can change which insurer is responsible and how much coverage is available, which is why obtaining the trip data early is one of the first things we do.

I drive for Uber and I was hit while working. Is my own insurance enough?

Often it is not, and this catches drivers off guard. Most personal auto policies contain an exclusion for driving for hire, which can mean your own insurer denies a claim arising while you were working. Some drivers carry a rideshare endorsement that closes that gap. If you do not have one, the rideshare company's coverage may be the primary path, and it is worth having someone confirm what actually applies to you rather than finding out at claim time.

The rideshare company says the driver is an independent contractor. Does that end it?

No. That classification affects the legal theories involved, and the companies raise it early precisely because it sounds final. It does not mean there is no coverage. Rideshare companies maintain substantial liability insurance covering periods when their drivers are working, which is a separate question from whether the driver is technically an employee.

A rideshare driver hit me while I was in my own car. What then?

You are a third party, and you can pursue a claim the same way you would after any collision, with the added question of what coverage the rideshare arrangement adds. That is usually favorable, because it can mean more available coverage than a private driver would carry. The complication is establishing what the driver was doing at the moment of impact.

How long do I have to file?

Generally three years from the date of the crash under Montana's personal-injury statute of limitations (MCA § 27-2-204). Rideshare cases reward acting early because the electronic trip records that establish app status are held by the company, not by you.

Injured in an Uber or Lyft Crash?

The trip data that decides which policy pays does not stay available forever. Call 406-830-3060, no fee unless we win.

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