Switching Lawyers on an Uber or Lyft Accident in Washington

Can I change lawyers on a rideshare accident case?

Yes. You can end the relationship at any time, and Washington’s RPC 1.16 requires the lawyer to step aside. Your new firm sends the notice, requests the file and, if a lawsuit is filed, handles the substitution. The general process is on our Washington switching page.

Rideshare cases stall in a familiar way. The rideshare insurer, the driver’s personal insurer and your own insurer each say another one should pay. Months go by. If that sounds like your case, the fix usually starts with pinning down the app status and the right policy.

Our guide to changing lawyers in the middle of a case covers the questions to raise with your lawyer before you leave.

How Washington rideshare insurance works

Washington calls Uber and Lyft “commercial transportation services providers.” RCW 46.72B.180, which used to be numbered RCW 48.177.010, sets the coverage. It applies whenever the driver is logged in to the app and while a passenger is in the car on a prearranged ride.

The statute also lets the driver’s personal insurer exclude coverage while the driver is logged in or on a ride, under subsection (6). That is why the app status is the first thing to prove. Definitions of who counts as a driver and passenger are in RCW 48.177.005.

The app data a new lawyer must lock down

Washington gives one tool that helps. Under RCW 46.72B.180(11), in a claims coverage investigation the rideshare company or its insurer must share with the other insurers involved the date and time of the crash and, within ten business days of a request, the electronic record of when the driver logged on and off that day. The company must keep data, messages and documents about coverage and the accident for the statute of limitations plus two years.

That retention rule helps, but other proof is not covered by it. A new lawyer should still gather:

• Your trip receipt and in-app messages, saved as screenshots now.
• The driver’s other apps. Under subsection (10), if a driver was logged in to more than one rideshare app and not yet matched, liability is split equally among the policies that cover rideshare work.
• Dashcam video. Many rideshare drivers run one, and it can be overwritten.
• Information on any other car involved, plus its insurer.

Rideshare companies change their in-app records and policies over time. The version that matters is the one in effect on the date of your crash. A new lawyer should ask for the policy that applied that day and the terms of service the driver accepted, not a current copy. If the driver had bought a rideshare endorsement on a personal policy, as subsection (2) allows, that insurer may also be involved.

Who you are in the crash changes the claim

If you were the passenger, you were not at fault, and the claim is about which policy pays and how much. If you were in another car, a pedestrian or a cyclist, the rideshare driver’s fault has to be shown, and Washington’s pure comparative fault rule in RCW 4.22.005 applies to any share assigned to you. If you were the rideshare driver, your own PIP and UIM may be excluded while you were logged in, so a new lawyer should read the rideshare company’s policy closely.

PIP still matters for many riders. The rideshare policy has to carry PIP to the level RCW 48.22.095 requires, which includes $10,000 for medical and hospital bills. Ask whether anyone has opened that claim.

Questions to ask your current lawyer first

Before you switch, it is fair to ask your lawyer a few direct questions about a rideshare case. Clear answers may settle your worries. Vague ones may confirm them.

• What was the driver’s app status at the time of the crash, and how do we know?
• Have we asked for the log-on and log-off records, and when?
• Which insurer has accepted coverage, and has anyone denied it in writing?
• Has my PIP claim been opened, and who is paying my medical bills right now?
• If I was a passenger, is the $100,000 per person UIM in play?
• What is the next step, and when will it happen?

If you decide to leave, ask for the file in writing. Under Washington’s rules, the lawyer must take reasonable steps to protect your interests on the way out, including giving you papers you are entitled to. Our case file guide explains the request. Don’t sign anything new with the rideshare insurer while the change is happening.

Deadlines for a Washington Uber or Lyft claim

The general deadline to sue for injuries is three years under RCW 4.16.080(2). UIM claims may also carry notice and cooperation terms in the policy. Changing lawyers does not stop any of these dates, so the new firm should check them the first day.

Switching costs and the one case we can’t take

When you move your rideshare case to us, your fee does not go up. The former lawyer’s claim for the reasonable value of their work, as Washington courts allow under Ross v. Scannell, is paid from our fee. Case costs the old firm advanced are usually reimbursed from the settlement. No recovery means no fee and no costs to you. More detail is on our page about paying two lawyers.

If you already signed a release with the rideshare insurer and the case settled, that generally ends it and we can’t help.

Sources

1. Washington RPC 1.16, declining or terminating representation (courts.wa.gov)
2. RCW 46.72B.180 (formerly RCW 48.177.010), rideshare insurance (app.leg.wa.gov)
3. RCW 48.177.005, commercial transportation services definitions (app.leg.wa.gov)
4. RCW 4.22.005, contributory fault reduces but does not bar recovery (app.leg.wa.gov)
5. RCW 48.22.095, minimum PIP benefit limits (app.leg.wa.gov)
6. RCW 4.16.080(2), three-year limit for injury actions (app.leg.wa.gov)
7. Ross v. Scannell, 97 Wn.2d 598 (1982) (courtlistener.com)