You're driving cautiously, obeying every traffic law—but suddenly, an Uber sideswipes you and speeds off. You're hurt, your car is wrecked, and now you're facing a complex injury claim. Rideshare accidents create tricky liability issues for Virginia drivers, but you have rights.
At Dulaney, Lauer & Thomas, we've seen firsthand how rideshare accidents upend lives. Our experienced Virginia car accident attorneys understand the challenges you face in getting fair compensation for your injuries. Here's what you need to know.
Is the Rideshare Company Responsible for Your Injuries?
When an Uber or Lyft driver causes a crash, liability isn't always clear. These key factors determine whether the rideshare company's insurance applies:
- Driver status. Coverage changes depending on whether the driver was logged into the app, waiting for a ride request, or actively transporting a passenger.
- Policy limits. Rideshare insurance only kicks in above the driver's personal auto coverage—and only up to the company's caps.
- Negligent actions. To hold Uber or Lyft accountable, you must prove their driver's negligence caused the crash.
Why "Off-App" Uber Accidents Get Complicated
If the at-fault driver wasn't logged into Uber during the crash, the rideshare company can deny liability. You may be left filing a standard auto insurance claim against the driver, and those policies often have much lower limits.
In Virginia, drivers are required to have $25,000 per person and $50,000 per accident in liability coverage. That may not be enough to cover your medical bills, lost wages, pain and suffering, and vehicle damage after a serious wreck.
How an Attorney Can Find Additional Coverage
Rideshare accident cases demand prompt investigation to determine all available insurance sources, which may include:
- Driver's personal auto policy
- Rideshare company's contingent liability coverage
- Rideshare company's primary liability policy
- Your own uninsured/underinsured motorist (UM/UIM) coverage
An experienced lawyer will preserve critical evidence before it disappears, such as electronic driver logs, ride status records, and footage from the accident scene. Your attorney can also subpoena the rideshare company's internal data and driver history to expose critical safety failures.
3 Essential Steps to Protect Your Rights After a Rideshare Crash
After a rideshare accident, it can feel overwhelming, especially when you're dealing with painful injuries and mounting medical bills. But the steps you take immediately after the crash can make a huge difference in your ability to recover fair compensation.
While every accident is unique, taking these actions can help you avoid costly missteps and build a strong foundation for your injury claim:
- Call 911 and wait for police. Don't let the rideshare driver talk you out of reporting the crash. You need an official accident report to document what happened.
- Get the driver's personal and rideshare insurance. Snap photos of their license, registration, personal insurance card, and any visible Uber/Lyft signs or decals.
- See a doctor for a complete exam. Even if you feel okay, some injuries take days to develop. Follow your treatment plan and keep records of all medical expenses.
The insurance company will look for any reason to minimize or deny your claim. By following these steps, you can protect valuable evidence and strengthen your case for maximum compensation.
Don't Let Uber or Lyft Deny Responsibility for Your Injuries
Uber and Lyft contract with major insurers like Progressive, Allstate, and Farmers. But don't expect them to treat you fairly—their goal is to minimize payouts and protect the rideshare company. The insurance adjuster may:
- Deny that the rideshare driver was at fault
- Delay your claim with endless requests for information
- Pressure you to provide a recorded statement that hurts your case
- Offer a lowball settlement that doesn't cover your losses
At Dulaney, Lauer & Thomas, we know the strategies companies use to minimize payouts—and we don't let them get away with it. We'll dig into the driver's records and rideshare status to identify every available insurance source. You may be entitled to significantly more compensation than the rideshare or insurance company wants to admit.
How Virginia's Contributory Negligence Law Impacts Your Claim
Virginia is one of the few states that still adheres to the harsh rule of contributory negligence in car accident claims. Under this rule, you can be barred from recovering any compensation if you are found even one percent at fault for the crash.
That means if you were speeding, rolling through a stop sign, or glancing at your phone when the Uber driver hit you, the insurance company may argue that your own negligence caused the crash. Without strong evidence to counter these allegations, you could end up with nothing—even if the rideshare driver was primarily to blame.
Your attorney can help you understand the impact of contributory negligence on your case and build a strong claim for maximum compensation. They'll also handle all communication with the insurance company and protect you from saying anything that could jeopardize your recovery.
Our Virginia Car Accident Lawyers Can Help
If you were injured in an Uber or Lyft accident, you don't have to go through this alone. Let us deal with the insurance company and aggressively advocate for your rights.
The experienced rideshare accident attorneys at Dulaney, Lauer & Thomas are ready to help you move forward after a serious crash. We'll fight to get you the compensation you deserve for your medical expenses, lost income, pain and suffering, and other damages. You can focus on healing while we take care of the legal details.