Empower vs. Uber and Lyft: How the Driver-as-Contractor Model Creates Unique Risks for Maryland Passengers
If you have taken a rideshare in the Washington, D.C. metro area recently, you may have noticed ads on Maryland buses telling you to “delete Uber” and download Empower. The pitch is straightforward: lower prices for riders, higher earnings for drivers, and no middleman taking a cut.
What those ads do not mention is what Empower takes away in exchange for cheaper rides. The company does not carry commercial auto insurance for its drivers. It does not offer the same in-app safety features as Uber or Lyft. And its background check process has been challenged by regulators and in federal court.
For Maryland riders, those differences are not just inconveniences. They are factors that directly affect your ability to recover compensation if you are injured in a rideshare accident. The Hyatt & Goldbloom team breaks down the key differences between Empower and its competitors, and explains what they mean for your safety and your legal rights.
Insurance Coverage: The Most Important Difference
Uber and Lyft
Both Uber and Lyft operate as licensed Transportation Network Companies (TNCs) in Maryland and comply with the insurance requirements set out in the Public Utilities Article, Section 10-405. Their coverage works in three tiers:
- Period 1 (app on, waiting for a request): $50,000 per person / $100,000 per accident / $25,000 property damage in liability coverage
- Period 2 (ride accepted, en route to pickup): $1 million in liability coverage, plus uninsured/underinsured motorist (UM/UIM) coverage
- Period 3 (passenger in the vehicle): $1 million in liability coverage, plus UM/UIM coverage
These policies are maintained by the companies themselves. Drivers do not need to purchase separate commercial coverage because Uber and Lyft pay for it. If a driver’s personal insurance denies a claim because the driver was engaged in ride-hailing, the corporate policy acts as a safety net that covers the passenger from the first dollar.
Empower
Empower does not carry any commercial auto insurance policy. Instead, it requires drivers to obtain their own commercial coverage and show proof during the signup process. This means:
- There is no $1 million corporate policy backing your ride
- Coverage depends entirely on whether the individual driver purchased, paid for, and maintained a commercial policy
- If the driver’s coverage lapsed or was never adequate, there is no corporate fallback
- A class action lawsuit has alleged that Empower does not consistently verify that drivers maintain the required coverage
For anyone injured in an Empower car accident, this gap can mean the difference between a fully covered claim and a situation where there is no viable insurance to claim against at all.
Background Checks: Who Is Behind the Wheel?
Uber and Lyft
Both companies use Checkr, an accredited third-party background check provider, to screen drivers before they are approved to accept rides. The standard screening includes:
- A national criminal background check
- A county-level criminal records search
- A national sex offender registry check
- A motor vehicle records (MVR) review covering driving history, license status, and violations
These checks are not perfect. Both companies have faced criticism and lawsuits over drivers with criminal histories slipping through screening. But the checks are conducted directly by the companies through an accredited provider, and they are a condition of being activated on the platform.
Empower
Empower’s background check process is less clear. The company’s CEO has stated that drivers agree to provide the results of a background check conducted by a third-party provider. However, reports indicate that Empower does not run its own background checks. Instead, it relies on results from a separate company and uses that data to make decisions about which drivers can join the platform.
This distinction matters. In Washington, D.C., the Office of Administrative Hearings found that Empower failed to conduct adequate background checks as required by D.C. law. A federal class action has made similar allegations. Maryland requires TNCs to conduct or ensure background checks that include criminal history, driving records, and sex offender registry searches. If Empower is not meeting these standards, passengers face a risk that the person driving them has not been properly screened.
If you are injured by an Empower driver who should not have been on the platform, this failure to screen could become a powerful element of a personal injury claim against the company itself.
In-App Safety Features: What Protects You During the Ride
Uber
Uber has invested heavily in in-app safety tools over the past several years. Current features include:
- RideCheck: Uses GPS and smartphone sensors to detect possible crashes, unexpected route deviations, or unusually long stops. If triggered, the app sends a notification asking if you need help and offers a direct line to emergency services.
- In-app emergency button: Connects you directly to 911 and shares your real-time location and trip details with the dispatcher.
- Share My Trip: Lets you send a live tracking link to friends or family so they can follow your ride in real time.
- Driver identity verification: The app displays the driver’s name, photo, vehicle make and model, and license plate before you get in. You can verify the information matches.
- PIN verification: An optional feature that requires the driver to enter a PIN you provide before the ride starts, ensuring you get into the correct vehicle.
Lyft
Lyft offers a comparable set of safety features:
- Emergency assistance: An in-app button that calls 911 and automatically shares your location and vehicle details with emergency services.
- Share My Ride: Sends a live tracking link to contacts so they can monitor your trip.
- Ride verification: Displays the driver’s name, photo, license plate, and vehicle information before pickup.
- Route monitoring: The app monitors the ride’s route and alerts both the rider and Lyft if there are significant deviations.
Empower
Empower’s safety features are significantly more basic:
- No crash detection: Empower does not offer anything comparable to Uber’s RideCheck. The app cannot detect crashes, route deviations, or unusual stops.
- Phone hotline instead of in-app emergency: Rather than an integrated 911 button that shares your location and trip data automatically, Empower’s “safety issues” button connects you to a phone hotline.
- Basic driver information: The app displays driver and vehicle details, but without features like PIN verification or automated ride monitoring.
These gaps mean that if something goes wrong during an Empower ride, the technology working to protect you is less capable of detecting the problem, alerting emergency services, or preserving the data your attorney would need to build a case.
Why These Differences Matter for a Personal Injury Claim in Maryland
Every gap between Empower and its competitors creates a potential complication for injured passengers:
- No corporate insurance means fewer sources of recovery. In an Uber or Lyft accident, you have a clear path to a $1 million policy. In an Empower accident, you may be left chasing an individual driver’s personal or commercial policy, which may not exist or may be inadequate.
- Weak background checks could establish company liability. If Empower allowed an unqualified or dangerous driver onto its platform, the company’s negligence in screening could make Empower itself liable for your injuries, not just the driver.
- Limited safety features mean less evidence. Uber’s RideCheck and ride-sharing features generate data that can be valuable in proving what happened during a crash. Empower’s more basic system produces less of this data.
- Maryland’s contributory negligence rule raises the stakes. With fewer insurance dollars available and an aggressive doctrine that can bar recovery if you are found even slightly at fault, Empower accident cases require exceptionally careful evidence preservation and legal strategy.
If you are pursuing a claim after an Empower accident, an attorney experienced in rideshare accidents can identify all available insurance sources, including your own UM/UIM policy, the driver’s personal and commercial policies, and potential direct claims against Empower.
Empower’s Regulatory Status in Maryland
Maryland’s Public Service Commission has ruled that Empower qualifies as a Transportation Network Company, subjecting it to the same licensing, insurance, and safety requirements as Uber and Lyft. Empower is currently appealing this ruling, arguing it operates as a technology platform rather than a TNC.
This regulatory battle has real consequences for accident victims. If Empower is required to comply with TNC regulations but has not done so, its failure to carry insurance, conduct proper background checks, or meet safety standards could constitute negligence per se, meaning the violation of law is treated as automatic proof of negligence. This can significantly strengthen a personal injury claim against the company.
Empower has also faced regulatory action in D.C. (where it agreed to halt operations in 2025) and New York City (where the city sued to ban it as an unlicensed dispatcher in 2026). The pattern of regulatory conflict across multiple jurisdictions underscores the risks that riders assume when using this platform.
How to Protect Yourself as a Maryland Rideshare Passenger
Regardless of which rideshare platform you use, these steps can help protect your safety and your legal rights:
- Verify driver and vehicle details before getting in. Match the driver’s name, photo, vehicle make, model, and license plate to what the app displays. Take a screenshot for your records.
- Share your ride with someone you trust. If the app offers a ride-sharing feature, use it. If not (as with Empower), manually text your destination and driver details to a friend or family member.
- Review your own auto insurance. Confirm you carry uninsured/underinsured motorist coverage and consider increasing your limits. This is especially important if you regularly use Empower, where corporate coverage does not exist.
- If you are in an accident, call 911. Get a police report. Document the scene. Seek medical attention even if you feel fine, as injuries like traumatic brain injuries can take time to manifest.
- Do not accept a settlement without legal advice. Insurance companies, whether the driver’s personal insurer or your own UM/UIM carrier, will try to minimize what they pay. An attorney can ensure you understand the full value of your claim before you agree to anything.
Frequently Asked Questions
Is Empower legal in Maryland?
Empower’s legal status in Maryland is disputed. The Public Service Commission has ruled that Empower is a TNC and must comply with Maryland’s licensing and insurance requirements. Empower is appealing this ruling. Regardless of the outcome, if you are injured in an Empower accident, you have the right to pursue a personal injury claim against the driver and potentially against Empower itself.
Does Empower have insurance for passengers?
No. Unlike Uber and Lyft, Empower does not maintain a commercial auto insurance policy that covers passengers. Coverage depends entirely on whether the individual driver purchased and maintained their own commercial policy. If the driver’s coverage is inadequate or nonexistent, passengers may need to rely on their own UM/UIM coverage.
Can I sue Empower if I am injured in one of their vehicles?
Potentially. If Empower failed to verify that the driver had adequate insurance, failed to conduct proper background checks, or allowed an unqualified driver onto its platform, you may have a negligence claim against the company. An attorney experienced in rideshare cases can evaluate whether a direct claim against Empower is viable based on the facts of your accident.
What should I do if I am injured in an Empower accident in Maryland?
Call 911, seek medical attention, document the scene, and contact a personal injury lawyer before speaking with any insurance company. Empower accidents involve unique insurance questions that require immediate investigation.
Is Empower safer than Uber or Lyft?
Based on the available evidence, Empower offers fewer safety protections than Uber or Lyft. It lacks crash detection technology, provides a phone hotline rather than an integrated emergency button, has faced regulatory findings about inadequate background checks, and does not carry commercial insurance for its drivers. This does not mean every Empower ride is unsafe, but the structural protections available to passengers are objectively fewer.
Injured in a Maryland Rideshare Accident? We Can Help
Whether your accident involved Empower, Uber, Lyft, or any other rideshare platform, the personal injury attorneys at Hyatt & Goldbloom have the experience and resources to pursue every available source of compensation. We understand the insurance frameworks, the regulatory landscape, and the courtroom strategies needed to win these cases in Prince George’s County and throughout Maryland.
Contact us today for a free consultation. Call (410) 385-3180 or visit our office to speak with a lawyer who will fight for the recovery you deserve.