Hit by an Uber or Lyft in Las Vegas: Whose Insurance Pays and What to Do Next

Rideshare cars are everywhere in Las Vegas, from the resort pickup lanes to the airport to the Strip at 2 a.m. When one crashes, the people affected include the passenger in the back seat, the driver of the other car and the person in the crosswalk.

If that was you, the first question is usually simple: whose insurance pays? In Nevada, the honest answer is "it depends on what the rideshare driver's app was doing at the moment of the crash."

The short answer: Nevada law ties rideshare insurance to the driver's app status. During an active trip (from the moment the driver accepts a ride until the last passenger is fully out of the car), the coverage required by NRS 690B.470 is at least $1,000,000. When the driver is logged in and waiting for a request, lower minimums apply, and when the app is off, only the driver's personal policy is in play. Nevada's general deadline to file an injury lawsuit is 2 years.

How Nevada Rideshare Insurance Works: The App Phases

Nevada's rules for transportation network companies (the legal name for Uber, Lyft and similar apps) are in two places. NRS Chapter 706A defines the key terms, and NRS Chapter 690B, starting at NRS 690B.400, sets the insurance requirements. The core section is NRS 690B.470.

App off: personal auto policy only

If the driver was not logged into the app, the rideshare insurance rules do not apply. The claim generally runs through the driver's own auto policy, the same as any other Las Vegas car crash. Nevada's minimum liability limits, according to the Nevada DMV, are $25,000 for injury or death of one person, $50,000 for two or more people, and $20,000 for property damage.

Logged in and waiting for a ride request

When the driver is "logged into" the app and "available to receive requests" but has not accepted a ride, NRS 690B.470 requires coverage of at least:

• $50,000 for bodily injury or death of one person
• $100,000 for bodily injury or death of two or more people
• $25,000 for property damage

That coverage can come from the rideshare company, the driver, or a combination of both.

Ride accepted, en route, or passenger on board

Nevada defines "transportation services" in NRS 706A.060 as the period that begins when the driver accepts a ride request through the app and ends when the last passenger fully gets out of the vehicle. During that window, NRS 690B.470 requires at least $1,000,000 in coverage for bodily injury, death and property damage in any one crash.

This matters for everyone, not just passengers. If you were driving another car, riding a motorcycle or walking across Las Vegas Boulevard and a driver who was on the way to a pickup hit you, the higher coverage tier should apply.

What if the driver's own insurance falls short?

During a trip, NRS 690B.470 requires the rideshare company to provide the required coverage as primary insurance if the driver's insurance lapses or does not meet the requirements. The statute also says the rideshare insurer has a duty to defend and indemnify the driver and the company.

One gap to know about: the statute lists uninsured and underinsured motorist coverage as optional, not required, on rideshare policies. If the at-fault driver was someone else with little or no insurance, your own auto policy may become important. It is worth checking your declarations page.

Who has to tell you the app status?

Under NRS 690B.495, a rideshare driver must carry proof of rideshare coverage while logged in. After a crash, the driver must show that proof and disclose whether he or she was logged in, available or providing a ride, if a police officer or a party involved in the crash asks. NRS 690B.490 also requires the companies, drivers and insurers involved to share information during a liability investigation, including the driver's log-in and log-out times for the 12 hours before and after the crash.

What Evidence to Save After a Las Vegas Rideshare Crash

App data is the backbone of these claims, and some of it can change or disappear. As soon as you are safe and have had medical care, try to save:

• Screenshots from your app. If you were a passenger, capture the trip screen, the driver's name and photo, the license plate, the route map and the time stamps.
• The trip receipt. The emailed receipt shows the pickup and drop-off times and locations. Forward it to yourself or save it as a PDF.
• Any in-app messages with the driver, and any safety report or support ticket you opened through the app.
• Photos of the scene, the vehicles, the intersection, traffic signals, and your injuries over the following days.
• Names and phone numbers of witnesses. Strip crashes often happen in front of people who will be on a flight home by the weekend.
• The police event number or report number, if officers came.

If you were hit as a pedestrian or another driver, ask the rideshare driver directly whether he or she was logged in or on a trip, and write down the answer. You are entitled to ask under NRS 690B.495.

Reporting a Crash in Nevada: Police and the DMV

Nevada's crash-reporting rules are in NRS Chapter 484E. A driver involved in a crash that injures someone must stop, exchange name, address and registration information, and give reasonable help to the injured person (NRS 484E.010 and 484E.030). If no officer is present and someone was hurt, the driver must report the crash to the nearest police authority or the Nevada Highway Patrol.

Separately, NRS 484E.070 requires a driver involved in a crash that causes bodily injury, death, or apparent damage of $750 or more to any one vehicle or property to send a report to the DMV within 10 days. The Nevada DMV's SR-1 "Report of Traffic Crash" form is how drivers do this when law enforcement did not investigate the crash at the scene. The form asks for proof of insurance, a repair estimate when damage is $750 or more, and a doctor's statement for each injured person. Under the statute, a separate report is not required if a police officer investigated and the officer's report includes each driver's insurance information.

Passengers and pedestrians are not the drivers these sections address, but a police report or SR-1 can become a key document in your claim.

Nevada's Deadline for Rideshare Injury Claims

Under NRS 11.190(4)(e), an action for personal injury caused by the wrongful act or neglect of another generally must be filed within 2 years. Different rules can apply to minors, to wrongful death claims and to claims involving a government entity, so do not assume you have the full 2 years without checking. Insurance claims also tend to move more smoothly when they start early, while app data and witness memories are fresh.

Comparative Negligence in Nevada: What If You Were Partly at Fault?

Insurers sometimes argue that the injured person shares the blame, for example a pedestrian outside a crosswalk or a passenger who wasn't wearing a seat belt. Nevada uses a modified comparative negligence rule in NRS 41.141. Your own negligence does not bar recovery as long as it is not greater than the negligence of the parties you are seeking recovery from. If you can recover, your damages are reduced by your share of fault. When more than one defendant is found negligent, each is generally responsible only for its own percentage, with some exceptions listed in the statute.

FAQ

Who pays if I'm hurt as an Uber or Lyft passenger in Las Vegas?

If you were in the car during a trip, Nevada law requires at least $1,000,000 in rideshare coverage for bodily injury, death and property damage. That coverage may come from the rideshare company, the driver, or both. If another driver caused the crash, that driver's insurance may also be involved.

What insurance applies if a rideshare driver hits me while I'm driving my own car in Nevada?

It depends on the driver's app status. If the driver had accepted a ride or had a passenger, at least $1,000,000 in coverage is required. If the driver was logged in and waiting for a request, the minimums are $50,000 per person, $100,000 per crash and $25,000 for property damage. If the app was off, the driver's personal auto policy generally applies.

Does Uber or Lyft insurance cover pedestrians hit in Las Vegas?

Nevada's rideshare insurance requirements cover liability for injuries to others, which includes pedestrians. The amount available depends on whether the driver was logged in, en route to a pickup or carrying a passenger. Ask the driver at the scene whether the app was on, since Nevada law requires drivers to disclose that.

How long do I have to file a lawsuit after a rideshare accident in Nevada?

Nevada's general deadline for personal injury lawsuits is 2 years under NRS 11.190(4)(e). Some situations follow different rules, such as claims by minors or claims involving a government entity. It is wise to have the deadline checked early.

Can I still recover in Nevada if I was partly at fault for the crash?

Yes, as long as your share of fault is not greater than the fault of the parties you are making the claim against. Under NRS 41.141, your recovery is reduced by your percentage of fault.

Do I need to file an SR-1 with the Nevada DMV after a rideshare crash?

The SR-1 duty falls on drivers. A driver involved in a crash causing injury, death or $750 or more in damage generally must report it to the DMV within 10 days, unless a police officer investigated and the officer's report includes the insurance details. Passengers and pedestrians are not the drivers the statute addresses.

For wills, estate plans, record sealing and other legal paperwork, Frank's flat-fee practice is at signature.law.

Next step

If you were hurt in a rideshare crash in Las Vegas, you don't have to sort out the app phases and insurance layers on your own. Frank Stucki, Esq., MBA can review what happened, explain which coverage may apply and walk you through the deadlines. Visit bornandraisedlaw.com or call 702.702.BORN (702-702-2676), or start at frankstucki.com/start.

Frank Stucki, Esq., MBA is licensed in California, Nevada, Washington and Utah; cases in other states are handled with local co-counsel licensed there.

This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Attorney Advertising.

Sources

• https://www.leg.state.nv.us/NRS/NRS-690B.html (NRS 690B.470, 690B.490, 690B.495)
• https://www.leg.state.nv.us/NRS/NRS-706A.html (NRS 706A.060)
• https://www.leg.state.nv.us/NRS/NRS-011.html (NRS 11.190(4)(e))
• https://www.leg.state.nv.us/NRS/NRS-041.html (NRS 41.141)
• https://www.leg.state.nv.us/NRS/NRS-484E.html (NRS 484E.010, 484E.030, 484E.070)
• https://dmv.nv.gov/pdfforms/sr1.pdf (Nevada DMV SR-1 Report of Traffic Crash)
• https://dmv.nv.gov/insurance.htm (Nevada DMV minimum liability coverage)