Rideshare services like Uber and Lyft have changed how Tulsans get around, whether it’s a Friday night ride home from the Blue Dome District or a trip to Tulsa International Airport. But when a Tulsa rideshare accident happens, figuring out which insurance policy covers your injuries is far more complicated than in a typical car crash.
The answer depends almost entirely on what the rideshare driver was doing at the exact moment of the collision, as defined by the three insurance periods under Oklahoma’s Transportation Network Company (TNC) Services Act. Consulting with a personal injury attorney in Tulsa with experience in rideshare accidents to understand these three periods can mean the difference between filing a claim against a minimal coverage policy and accessing up to $1 million in liability protection.
Oklahoma passed the Transportation Network Company Services Act in 2015 through Senate Bill 436. The law created a regulatory framework for companies like Uber and Lyft, which the statute calls “transportation network companies” or TNCs. In plain terms, a TNC is a company that uses a smartphone app to connect riders with drivers who use their own personal vehicles.
One of the most important parts of the law is Section 1025, which lays out the insurance requirements that apply to TNC drivers. Rather than applying a single, uniform insurance policy, the law divides a rideshare driver’s activity into distinct periods. Each period carries its own minimum coverage requirements. This tiered approach means that the amount of insurance available to an injured person can change dramatically based on what the driver was doing at the time of the crash.
Period 1 begins the moment a rideshare driver logs into the Uber or Lyft app and becomes available to accept ride requests. The driver has not yet been matched with a passenger. They might be parked in a lot near the BOK Center waiting for a ping, or they could be driving around Tulsa looking for a fare.
Under Oklahoma’s TNC Act, the minimum insurance requirements during this period are:
These are often referred to as “50/100/25” limits. This coverage can be maintained by the driver, the rideshare company, or a combination of both.
While these amounts may sound significant, they can fall short quickly in a serious crash. A single hospital stay, surgery, and follow-up rehabilitation can easily exceed $50,000. For families dealing with long-term injuries, these limits may cover only a fraction of the total cost.
Here’s where things get tricky. Under Okla. Stat. tit. 47, § 1027, personal auto insurers in Oklahoma are allowed to exclude coverage the moment a driver logs into a rideshare app. That means if a driver’s personal policy contains this exclusion, and the TNC’s contingent coverage is the only policy in place, injured parties may find themselves dealing with lower coverage limits than they expected.
Some drivers purchase a rideshare endorsement from their personal auto insurer to fill this gap, but not all do. This makes Period 1 the most vulnerable time for coverage disputes and the period where insurance companies are most likely to push back on claims.
Period 2 starts when the driver accepts a ride request through the app. At this point, the driver is heading to pick up the passenger but has not yet arrived. The driver could be merging onto I-44 or cutting through Brookside to reach the pickup spot.
Once a ride has been accepted, the coverage requirements jump significantly. Oklahoma law requires primary automobile liability insurance of at least $1 million for death, bodily injury, and property damage combined. Uninsured motorist coverage must also be in place unless it has been waived in writing under Oklahoma law (Okla. Stat. tit. 36, § 3636).
This is a dramatic increase from the 50/100/25 limits of Period 1. The jump in coverage reflects the fact that the driver is now actively performing a service on behalf of the rideshare company. This $1 million policy is typically maintained by the TNC itself, meaning Uber’s or Lyft’s commercial insurance should apply.
If you are struck by a rideshare driver who is on the way to pick up a passenger, you have access to a much larger insurance pool than if that same driver had been idling with the app open. This is why establishing the driver’s exact status at the time of the crash is so important.
Rideshare companies are required to keep records of when drivers log on, accept rides, and complete trips, and Oklahoma law mandates that TNCs cooperate in sharing this information during claims investigations.
Period 3 covers the time from when the passenger enters the vehicle until the ride is complete. This includes the entire trip from the moment the rider gets in until they are dropped off at their destination, and the transaction closes on the app.
The coverage requirements during Period 3 are identical to Period 2. Primary liability insurance of at least $1 million must be in place, along with uninsured motorist coverage (unless waived). This is the highest level of protection the TNC Act requires.
Whether the driver is taking a passenger from Cherry Street to the Gathering Place or from downtown to a neighborhood south of 71st Street, this million-dollar policy should be active for the duration of the ride.
If you are a passenger in a rideshare vehicle and your driver causes a crash, this coverage should be available to compensate you for your injuries. But it also protects people outside the vehicle.
If you are driving your own car and a rideshare driver with a passenger runs a red light and hits you, the same $1 million policy applies. Pedestrians and cyclists injured by a rideshare driver during an active trip can also seek compensation under this coverage.
It’s important to know that even during Periods 2 and 3, insurance companies may still try to minimize what they pay. Having access to a $1 million policy and actually recovering fair compensation are two different things.
Rideshare accident claims come with hurdles that most standard car accident cases simply don’t have. Here are some of the most common issues injured people face when pursuing compensation after a Tulsa rideshare crash.
Unlike a straightforward two-car accident, rideshare crashes can involve three or more insurance policies: the driver’s personal auto insurance, the TNC’s commercial policy, and the other driver’s insurance. Each company may try to shift responsibility to another, which can delay the process and reduce the amount offered in settlement.
Insurance adjusters sometimes dispute which period the driver was in at the time of the crash. If a company can argue the driver was in Period 1 instead of Period 2, it could reduce the available coverage from $1 million down to 50/100/25. Access to the TNC’s digital records, GPS data, and app logs is often essential to resolving these disputes.
Uber and Lyft generally classify their drivers as independent contractors rather than employees. This classification can affect liability arguments, though it does not change the insurance requirements under the TNC Act. Regardless of the driver’s employment status, the insurance periods and coverage minimums still apply.
Oklahoma follows a modified comparative fault rule. If you are found to be partially at fault for the accident, your compensation may be reduced by your percentage of fault. If you are 50% or more at fault, you cannot recover compensation at all. This makes it especially important to document the accident thoroughly and preserve evidence of the other party’s negligence.
Once you have received medical attention for your injuries, there are several steps that can strengthen your position:
Taking these steps early on can make a significant difference when it comes time to pursue compensation.
Here are answers to some frequently asked questions about rideshare accident claims in Tulsa.
Yes. If a rideshare driver’s negligence caused your injuries, you may be able to file a claim against the driver and potentially against the TNC’s insurance policy. The coverage available will depend on which insurance period the driver was in at the time of the crash.
If another driver caused the crash, you would typically file a claim against that driver’s insurance. However, if the at-fault driver was uninsured or underinsured, you may be able to access uninsured motorist coverage through the TNC’s policy, depending on the driver’s period status.
The Oklahoma TNC Act applies to all transportation network companies operating in the state. Both Uber and Lyft are required to meet the same minimum insurance requirements under the law.
Depending on the circumstances, you may be able to seek compensation for medical expenses, lost wages, pain and suffering, and in some cases, loss of future earning capacity. If a loved one was killed, wrongful death damages may also be available.
The rideshare company’s digital records, including app logs and GPS data, typically show whether the driver was logged in, had accepted a ride, or was transporting a passenger. Oklahoma law requires TNC drivers to disclose this information after an accident, and TNCs must cooperate in sharing these records during a claims investigation.
While Uber and Lyft classify drivers as independent contractors, this does not eliminate the insurance obligations under the Oklahoma TNC Act. The required coverage applies regardless of the driver’s employment classification.
If the driver fled, you should report the incident to law enforcement immediately and also file a report through the rideshare app. The TNC’s records may still identify the driver and their insurance period status at the time of the crash.
If you or a family member has been hurt in a rideshare accident in Tulsa, you deserve a legal team that understands the complexities of Oklahoma’s TNC insurance laws. At Graves McLain Injury Lawyers, we have years of experience handling rideshare accident claims and fighting to hold negligent parties accountable. We take cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you.
Contact us today for a free consultation. Call our Tulsa office or reach out online to tell us about your case. We’ll review your situation, explain your options, and help you take the next step toward the justice you deserve.
