Rideshare accidents can be confusing, especially when it's unclear who is at fault. You might have switched lanes while an Uber driver sped up, or as a passenger, you could have been without a seat belt when a Lyft vehicle was hit. With multiple vehicles and insurance companies involved, being “partly at fault” can limit your recovery.
However, being partly to blame does not automatically take away your claim. It often just changes your compensation and which insurance policies apply. Understanding shared fault is crucial in rideshare cases, as coverage may come from the rideshare driver, the other driver, and the rideshare company. If you're unsure about your situation, an Uber accident lawyer in Kent, WA can help clarify how fault affects your recovery and what evidence is needed to prevent insurers from unfairly blaming you.
Why Rideshare Crashes Are Different From Regular Car Accidents
A normal crash claim usually involves two drivers and two insurance policies. Rideshare crashes can involve more layers: the rideshare driver’s personal policy, the rideshare company’s coverage, and the other driver’s policy. Which one applies depends on whether the rideshare driver was offline, waiting for a ride, en route to pick up a passenger, or actively transporting someone.
That extra complexity creates more opportunities for finger-pointing. Insurers may argue about fault while also arguing about which policy is responsible. If you’re partly to blame, those arguments can get even more aggressive because every carrier wants to minimize its share.
How “Comparative Fault” Works in Washington
Washington follows a comparative fault system. That means fault can be divided among multiple parties, and an injured person’s compensation is typically reduced by their percentage of fault. If you are found 20% responsible, your recovery is generally reduced by 20%. If you are found 50% responsible, it’s reduced by 50%.
This is important because being “partly to blame” doesn’t mean you get nothing. It means your damages are adjusted. The real battle is often over the percentage. Insurance companies push for higher percentages against you because it directly reduces what they have to pay.
Common Ways People Get Blamed in Rideshare Collisions
In rideshare-related crashes, insurers often try to assign partial fault using familiar arguments:
Even when these arguments are exaggerated, they can still affect negotiations. That’s why evidence and careful statements matter from the beginning.
If You Were a Passenger: Can You Still Be Partly at Fault?
Passengers are rarely “at fault” for causing a collision, but they can still face arguments that reduce damages—most commonly about seat belt use. If you weren’t wearing a seat belt, the insurer may argue your injuries would have been less severe, and they may push to reduce your compensation.
Passengers can also complicate the fault picture if they distracted the driver. For example, if a passenger grabbed the steering wheel, blocked the driver’s view, or physically interfered, that could become an issue. This is less common, but it can come up in serious cases.
If You Were Driving Another Vehicle: Shared Fault Can Still Mean Recovery
If you were driving and collided with a rideshare vehicle, the same comparative fault rules apply. You can still recover damages even if you made a mistake, as long as other parties contributed too. The key is proving the rideshare driver’s share of responsibility or another driver’s negligence.
Because rideshare vehicles spend more time in heavy traffic and make frequent stops, certain crash patterns show up more often: abrupt stops, sudden pull-overs, unpredictable lane changes to catch a turn, and distracted navigation checks. These patterns can become relevant when fault is divided.
How the Rideshare Driver’s “App Status” Changes Insurance
Rideshare coverage typically changes depending on what the driver was doing in the app:
If you’re partly to blame, insurers may still owe you money—but they’ll fight over which policy pays and how much. Knowing the driver’s app status at the moment of the crash can be critical for identifying available coverage.
Evidence That Helps Keep Fault Percentages Fair
In comparative fault cases, the goal is to prevent insurers from inflating your share. Useful evidence includes:
In rideshare cases, additional evidence may include app logs, trip details, and rideshare company records that show whether the driver was working and what route they were following.
What Not to Do: Statements That Can Increase Your “Fault Percentage”
After a crash, people often say things like “I’m sorry” or “I didn’t see you” as a reflex. Insurers can treat those statements like admissions. It’s better to stick to facts and avoid guessing. If you don’t know something, say you don’t know.
Also be careful with recorded statements. Adjusters may ask questions designed to lock you into a narrative that increases your percentage of blame. You’re allowed to take time, review information, and respond carefully rather than answering quickly under pressure.
Partial Fault Doesn’t End Your Case—But It Changes the Fight
If you’re partly to blame in a rideshare crash, your claim usually isn’t dead. Instead, the focus shifts to percentages, policy layers, and evidence. Because rideshare crashes involve multiple insurers and changing coverage depending on app status, the process can be more complicated than a standard accident claim.
The most important step is protecting the proof early so fault doesn’t get unfairly shifted onto you. When the evidence is clear, comparative fault becomes a math problem instead of a guessing game—and that can make a major difference in what you ultimately recover.
