Figuring out who is liable for your injuries in a rideshare accident and which insurance company to file a claim with is crucial to recovering compensation. However, it’s also often complex. This process can be difficult or impossible on your own.
Working with a Virginia rideshare accident lawyer ensures you have someone on your side who knows how insurance coverage works in these cases and can gather evidence to determine fault and liability. Our car accident team provides a FREE claim review for crash victims.
The Insurance Coverage Available Depends on the Driver’s Status on the App
One of the key questions in these cases is what the driver was doing on the app at the time of the crash. Uber and Lyft drivers are independent contractors, not employees. However, the rideshare companies provide insurance coverage during some periods when their drivers are active on the app.
The three possible statuses for a rideshare driver are:
Logged Off the App
If the rideshare driver is logged off the app, they are off duty. These claims proceed like any other car accident. The driver’s personal auto insurance coverage should pay for the damages and injuries they cause. The rideshare company is not involved in the claim.
Logged in the App But Has Not Accepted a Rider
If the driver is logged in to the app and available for ride requests, the rideshare companies provide the following:
- $50,000 per person for bodily injury
- $100,000 per accident for bodily injury
- $25,000 for property damage
Accepted a Ride, Picking Up a Rider, or Has a Passenger in the Vehicle
If the driver has accepted a ride and is en route to pick up a passenger or already has a passenger in the vehicle, both Uber and Lyft provide large liability policies to cover injuries and other damages. This is generally at least $1 million in coverage for:
- Injuries to passengers
- Injuries to other drivers or pedestrians
Virginia’s Department of Motor Vehicles also requires rideshare companies to provide uninsured and underinsured motorist coverage.
Who Is Legally Liable for My Rideshare Accident Injuries and Damages?
Who might be legally liable for your injuries if you need to file a lawsuit will depend on the circumstances of the collision and other case facts. Possibilities could include:
- The Rideshare Driver: If the rideshare driver was negligent and caused the accident, they are likely liable. However, unless they were off the app, Uber or Lyft’s insurance company will likely settle the case and pay for damages.
- Another Driver: If another driver caused the crash, that driver is responsible. You can file a claim against that driver’s auto liability policy, just like in any other car accident.
- The Rideshare Company: While Uber and Lyft often avoid direct liability since their drivers are independent contractors, the rideshare company might be liable if it failed to properly screen a dangerous driver or fire a driver who has a history of careless behavior behind the wheel.
Recovering Compensation If You Were Hurt as a Rideshare Passenger
If you were hurt as a rideshare rider, these claims are often easier to navigate. You know the status of the driver and that the rideshare company’s large liability policy is the primary policy when you can prove the driver caused the crash.
Still, working with a Virginia car accident lawyer will help you understand the potential settlement range of your case and ensure you do not agree to a lowball offer. Your legal team will also investigate the crash and manage your claim for you. This can greatly reduce stress and let you focus on your injuries.
What If I Was a Pedestrian, Cyclist, or in Another Vehicle?
For others hurt in a crash caused by a rideshare driver, it is necessary to determine the status of the driver on the app before filing a claim. This will determine which policy was in effect. Otherwise, the case should proceed just like any other car accident claim.
What Compensation Can I Recover in a Virginia Rideshare Accident Case?
If you were hurt in a collision caused by a careless or reckless rideshare driver, you could recover compensation for a range of expenses and losses you experienced. This could include:
- Medical care expenses for treatment and care, including future care and support
- Lost income and future missed pay due to reduced earning ability
- “Pain and suffering” and inconvenience
- Related expenses with documentation
- Other intangible losses
How Will a Rideshare Accident Lawyer Help Me Manage My Claim?
Understanding the insurance coverage available or how to determine who is liable for a rideshare accident can be complicated. You will need to determine who caused the crash, what the rideshare driver was doing on the app at the time, and how much your claim might be worth. This requires a careful investigation by someone familiar with these cases.
To protect your rights and help you recover fair compensation, take the following steps:
- Seek immediate medical attention for any injuries.
- Report the accident to law enforcement and to the rideshare company.
- Gather contact information from all parties involved.
- Take photos of the scene, injuries, and vehicles.
- Contact a Virginia Uber and Lyft accident lawyer before speaking to any insurance adjuster.
Many rideshare accident cases settle without a lawsuit or going to trial. However, litigation is sometimes necessary. Under Va. Code § 8.01-243, you have a limited time to begin a lawsuit. Act quickly after a crash to protect your right to sue.
Talk to Our Virginia Rideshare Accident Team About Your Options
If you were hurt in an Uber or Lyft accident, contact us today for a FREE claim review. At the Parrish Law Firm, PLLC, our rideshare accident lawyers know how these cases work and what it takes to recover fair compensation for our clients.
Call or Text (571) 229-1800 or Complete a Free Case Evaluation form