Uber or Lyft Accident in Memphis: Who Pays for Your Injuries?
If you are injured in an Uber or Lyft accident in Memphis, the insurance situation depends on what the driver was doing at the time of the crash. Rideshare companies carry up to $1 million in liability coverage — but that coverage only applies during certain phases of a ride. Tennessee regulates transportation network companies (TNCs) under the Tennessee Transportation Network Company Act (TCA 65-15-301 et seq.), which sets specific insurance requirements for each phase of a rideshare trip. Whether you were a passenger, another driver, a pedestrian, or the rideshare driver yourself, you have a path to compensation. Here is how it works.
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Key Takeaways
- Uber and Lyft carry $1 million in liability coverage when a driver is en route to a pickup or has a passenger in the vehicle.
- When a driver is logged into the app but waiting for a ride request, lower coverage applies: $50,000 per person / $100,000 per accident for bodily injury and $25,000 for property damage (TCA 65-15-306).
- When the app is off, the driver's personal auto insurance is the only coverage — and many personal policies exclude rideshare driving.
- Tennessee is an at-fault state — the at-fault driver's insurance pays, regardless of whether it is a rideshare or a personal vehicle.
- Tennessee's modified comparative fault rule (TCA 29-11-103) still applies. You can recover damages as long as you are less than 50% at fault.
- Tennessee's statute of limitations is just 1 year from the date of injury (TCA 28-3-104) — do not wait to take action.
Call 911 and document the accident
After any rideshare accident, call 911 immediately. Whether you were a passenger in the Uber or Lyft, another driver, or a pedestrian, you need a police report. Tell the responding officers that a rideshare vehicle was involved — this detail matters for the insurance investigation.
Document everything. Photograph all vehicles involved, license plates, damage, road conditions, traffic signals, and your injuries. Get the rideshare driver's name, phone number, and the vehicle make, model, and license plate. Ask the driver whether they had a passenger or were en route to a pickup — this determines which insurance tier applies. If you were the passenger, take a screenshot of your ride details in the Uber or Lyft app before the trip data disappears.
Get contact information from any witnesses. In rideshare accident cases, witness statements about what happened — who ran the red light, who was speeding, who was looking at the phone — can be critical because rideshare drivers are often distracted by their navigation app.
Understand the three insurance tiers
The insurance that covers a rideshare accident depends entirely on what the driver was doing at the time of the crash. Tennessee's TNC Act (TCA 65-15-301 et seq.) establishes three tiers of coverage that mirror Uber and Lyft's national insurance structure.
Tier 1 — App off: When the rideshare driver is not logged into the app, they are just a regular driver. Only their personal auto insurance applies. Many personal auto policies exclude commercial activity, including rideshare driving. If the driver's personal insurer denies the claim due to a rideshare exclusion, you may need to pursue the driver personally or use your own uninsured motorist coverage.
Tier 2 — App on, waiting for a ride request: When the driver is logged into the Uber or Lyft app but has not yet accepted a ride, the TNC must maintain contingent liability coverage of at least $50,000 per person, $100,000 per accident for bodily injury, and $25,000 for property damage (TCA 65-15-306). This coverage kicks in if the driver's personal insurance denies the claim or is insufficient. Tier 3 — En route to pickup or with a passenger: Once the driver accepts a ride request and until the passenger exits the vehicle, the TNC must provide primary liability coverage of at least $1 million (TCA 65-15-307). This is the highest tier and covers bodily injury and property damage to third parties, as well as uninsured/underinsured motorist coverage for the rideshare driver and passengers.
Your rights as a rideshare passenger
If you were a passenger in an Uber or Lyft when the crash happened, you are in the strongest insurance position. The $1 million TNC policy applies because you were in the vehicle during an active ride. You did not cause the crash, and Tennessee's comparative fault system is unlikely to assign you any blame as a passenger.
You can file a claim against the rideshare company's $1 million policy regardless of who caused the accident — whether it was your rideshare driver, another driver, or both. If your rideshare driver was at fault, the TNC's policy covers you. If another driver was at fault, their liability insurance is primary, but the TNC's uninsured/underinsured motorist coverage backstops you if the other driver has inadequate insurance.
Take a screenshot of your ride in the app immediately after the accident. This proves you were an active passenger during the crash. Report the accident through the Uber or Lyft app — both companies have in-app accident reporting features. But do not rely on the rideshare company to protect your interests. Their insurer will try to minimize your payout just like any other insurance company.
Your rights as another driver or pedestrian
If you were driving another vehicle or walking and were hit by an Uber or Lyft driver, you file a claim against whichever insurance policy was active at the time. If the rideshare driver was en route to a pickup or had a passenger, the $1 million TNC policy applies. If they were waiting for a ride request, the lower Tier 2 contingent coverage applies. If the app was off, you are dealing with the driver's personal insurance only.
The challenge for other drivers and pedestrians is proving the rideshare driver's app status at the time of the crash. The police report should note that a rideshare vehicle was involved, but it may not specify the app status. Your attorney can subpoena Uber or Lyft's trip records to establish exactly what the driver was doing at the moment of impact — waiting for a request, en route, or carrying a passenger.
If the rideshare driver was at fault and their available insurance is insufficient, your own uninsured/underinsured motorist (UM/UIM) coverage serves as a backup. About 24% of Tennessee drivers are uninsured, and some rideshare drivers carry only minimum personal coverage that may be excluded for commercial use. UM/UIM coverage is your safety net.
What if the rideshare driver was not at fault?
If another driver caused the accident while you were riding in an Uber or Lyft, you file a claim against the at-fault driver's liability insurance first. Tennessee is an at-fault state — the negligent driver's insurer pays. Tennessee requires minimum liability coverage of $25,000 per person, $50,000 per accident, and $15,000 for property damage (TCA 55-12-102).
If the at-fault driver is uninsured or underinsured, the TNC's $1 million policy includes uninsured/underinsured motorist coverage that protects passengers during active rides. This is a significant benefit — you effectively have $1 million in UM/UIM protection while riding in an Uber or Lyft, which far exceeds what most personal auto policies carry.
Tennessee's comparative fault system (TCA 29-11-103) may come into play if both the rideshare driver and the other driver share fault. In that case, you can pursue claims against both — the TNC's policy for the rideshare driver's share of fault, and the other driver's liability insurance for their share. As a passenger, you can recover from both at-fault parties up to the full value of your damages.
Filing your rideshare accident claim
Rideshare accident claims involve multiple insurance companies and layers of coverage, making them more complex than standard car accident claims. Start by reporting the accident through the Uber or Lyft app. Both companies will open a claim and connect you with their insurer — Uber uses a combination of commercial insurers, and Lyft typically uses a combination as well.
File a claim with every potentially liable insurance company: the rideshare company's insurer, the other driver's insurer (if another vehicle was involved), and your own insurer (for UM/UIM coverage if applicable). Do not accept any settlement offer without understanding all available coverage. The rideshare company's insurer will try to shift liability to the other driver's insurer, and vice versa.
Keep detailed records of everything: medical bills, lost wages, the police report, photos from the scene, your ride history screenshot, and all communications with insurance adjusters. Tennessee's 1-year statute of limitations (TCA 28-3-104) means you cannot afford to let the insurance companies drag their feet. If they are not offering a fair settlement, an attorney can file suit before the deadline.
Key deadlines for rideshare accident claims in Memphis
Tennessee's statute of limitations for personal injury claims is just 1 year from the date of injury (TCA 28-3-104). This is one of the shortest deadlines in the country. Rideshare accident claims are complex and involve multiple insurers — do not wait until the last month to get an attorney involved. The investigation, evidence gathering, and multi-party negotiation take time.
For your insurance claims, report the accident to all relevant insurers as soon as possible. Uber and Lyft both have in-app reporting tools that create a record of the accident. Follow up with a written demand to the TNC's insurer once you have completed your medical treatment and know the full value of your claim. If the insurer denies your claim or offers an inadequate settlement, you need time to file suit before the 1-year deadline.
Get Your Free Injury Claim Check
Want to understand your options after an Uber or Lyft accident in Memphis? Get your free Injury Claim Check. You will answer a few questions about your accident and injuries, and we will provide a personalized report covering your potential claim value — including which insurance tier applies, how comparative fault works, and your available coverage — and connect you with a Memphis personal injury attorney experienced in rideshare accident cases.
Rideshare accidents are more complicated than regular car crashes because of the layered insurance structure. You should not have to figure out which tier applies, which insurer to file with, or how to prove the driver's app status on your own. An experienced attorney handles these cases routinely. Start with the Injury Claim Check. It is free, confidential, and takes less time than waiting on hold with Uber's insurance company.