If you’ve been hit by an Uber in Las Vegas whether you were driving, walking, biking, or riding a scooter you may be dealing with medical bills, time off work, and a whole lot of questions. At The Walsh Firm, LTD., one of the most common concerns we hear from clients is:
"Who’s legally responsible when an Uber driver hits me, and how do I get compensated?"
Rideshare accidents involve layers of insurance, multiple parties, and complex liability rules under Nevada law. In this blog, we’ll walk you through what to do immediately after the accident, how rideshare coverage works, and how to protect your legal rights.
First and foremost, seek immediate medical attention, even if your injuries seem minor. Delaying treatment can not only worsen your injuries but also harm your personal injury claim, as insurers may argue that you weren’t seriously hurt if you didn’t see a doctor right away.
Document everything: get copies of hospital records, doctor evaluations, and prescriptions. If you later file a claim or lawsuit, your medical documentation will be key evidence in proving damages especially under Nevada’s fault-based system for personal injury.
Always report the accident to the police. In Nevada, any accident that results in bodily injury, death, or property damage to an apparent extent of $750 or more must be reported.
A police report:
Be sure to request a copy of the report for your records.
If you’re physically able, start collecting evidence right away. This includes:
This early evidence is critical in determining liability and insurance coverage later.
This is where rideshare cases get complex. Under Nevada Revised Statutes (NRS) Chapter 706A, rideshare drivers are considered Transportation Network Company (TNC) drivers and their coverage depends on whether they were logged into the app or actively transporting a passenger.
Here’s how liability generally breaks down:
If the Uber driver was not using the app at the time of the accident, Uber bears no responsibility. The driver’s personal auto insurance is the only coverage available.
In this phase, the driver’s personal liability insurance is primarily responsible with Uber providing contingent liability coverage, meaning Uber is only responsible if the driver’s insurance denies coverage or fails to cover all damages. Uber’s contingency liability coverage must include:
Uber provides primary liability coverage up to $1.5 million, along with possible uninsured/underinsured motorist (UM/UIM) coverage and contingent collision/comprehensive coverage (if the driver carries this on their own policy).
So, if you were hit after the Uber driver accepted the trip or anytime up to the point at which all passengers were dropped off at the end of the trip, you may be eligible for significant compensation through Uber’s commercial policy.
Rideshare companies and their insurance carriers will often minimize your claim or attempt to settle quickly for less than your damages are worth. You are not legally required to speak to their insurance adjusters, and you should avoid making any recorded statements without an attorney present.
The Uber driver’s insurer may also claim you were partially at fault which matters in Nevada, a comparative negligence state (NRS 41.141). The amount of compensation to which to be entitled can be reduced if you are determined to be partially at fault and you could be barred from receiving compensation entirely if you were more than 50% responsible for the collision.
At The Walsh Firm, LTD., we have extensive experience handling Uber and Lyft injury claims under Nevada law. We investigate the rideshare driver's activity status, handle negotiations with multiple insurers, and fight for full compensation for:
We also guide you through the legal timeline, including compliance with the two-year statute of limitations (NRS 11.190) for personal injury claims in Nevada.
Getting hit by an Uber driver can leave you injured, stressed, and uncertain of what to do next. The good news? You don’t have to figure it out on your own.
Our team at The Walsh Firm, LTD., is here to help you understand your rights and fight for every dollar you deserve. You’ll pay nothing unless we win your case and we offer free, no-pressure consultations to help you get started.
Call us today or visit www.thewalshfirmlv.com to schedule your case review.