A car accident of any kind can turn your life upside down. When that accident involves a rideshare service like Uber or Lyft, the uncertainties can feel overwhelming. You may be dealing with injuries, medical bills, missed time at work, and the stress of determining who will cover your losses.
Worries about whether you need a lawyer sometimes add an extra layer of confusion. It can help to remember that a car accident lawyer can guide you through the process, especially when questions of liability involve a rideshare company, their insurance coverage, and multiple parties. When a rideshare wreck disrupts your life, an attorney can give you the peace of mind you deserve.
At Allen & Allen, our experienced rideshare accident lawyers understand what you can expect following a rideshare accident, how insurance coverage works at different stages of a rideshare trip, and how Virginia laws may apply to your claim. We’ll also review the statute of limitations for personal injury cases and how an attorney can assist in pursuing fair compensation.
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For well over a century, Allen & Allen has embraced our responsibility to clients, our team, and those around us. We build each relationship on integrity, respect, compassion, and trust—principles we’ve upheld since 1910. We don’t just practice law; we stand with you, defend your rights against insurance companies, and fight for the justice you deserve. That’s what we mean when we say, “I am an Allen.”
Rideshare accident claims
Rideshare companies have introduced a level of convenience and affordability to modern travel, but they also create complex scenarios when an accident occurs. When you find yourself injured, you may not know which insurance policy applies or which party should bear responsibility for your damages. Before talking to the insurance companies on your own, it can help to have someone on your side who knows the legal landscape.
How rideshare accidents differ from traditional car crashes
A standard car accident often involves two drivers and their insurance carriers, but when a rideshare driver is involved, there may be multiple insurance companies. In some situations, the driver’s personal insurance policy might deny coverage if they were engaged in commercial activity (transporting a passenger for a fee).
Meanwhile, rideshare companies provide supplemental coverage, but only if the driver was logged into the app and performing certain functions at the time of the crash. If you’re already dealing with medical bills, physical pain, emotional distress, and time away from work, the process of sorting out insurance details can feel daunting.
Rideshare insurance coverage: how it works
Insurance plays a big role in any car crash claim. In a rideshare scenario, coverage can shift depending on the driver’s status within the app. Understanding how rideshare insurance coverage works can help you see why these claims often involve complex negotiations between multiple carriers.
Periods of rideshare coverage
Most rideshare companies—such as Uber and Lyft—divide a driver’s activity into distinct periods. Each period is tied to different insurance coverage limits:
- App off (driver not logged in): If the driver is not logged into the rideshare app and is involved in a collision, the rideshare company’s insurance policy does not apply. Instead, the driver’s personal auto insurance would be responsible for covering damages (subject to that policy’s limits and terms).
- Waiting for a ride request (driver logged in, but no passenger assigned): Once the driver is logged in and awaiting a request, rideshare coverage may include liability insurance in addition to the driver’s personal coverage. This coverage often has specific limits for bodily injury and property damage.
- En route to pick up a passenger (driver has accepted a ride request) or during a ride (passenger in the vehicle): While the driver is on the way to pick up a passenger or actively transporting someone, rideshare companies typically provide a higher level of coverage. This can include higher liability limits and coverage for uninsured or underinsured motorists.
For a person injured in these situations, determining which coverage applies depends on whether the driver was on the clock or between rides. Pinning down those facts can be time-consuming and might involve reviewing electronic records, ride logs, and driver statements. Having an attorney can simplify this process by ensuring that you know which coverage to pursue.
Virginia’s insurance requirements
Virginia law requires drivers to carry minimum auto liability insurance, though the amounts can change over time. However, most rideshare drivers must meet the rideshare company’s requirements, which exceed Virginia’s minimums. Understanding that you have options beyond just the at-fault driver’s policy can broaden your path to compensation.
For instance, if the at-fault driver’s personal insurance is insufficient to cover your damages, supplemental coverage from Uber or Lyft could help. These policies often come with higher limits, which can be a lifeline for passengers or others injured in a serious accident.
Uninsured and underinsured motorist coverage
If a rideshare driver is involved in a crash with an at-fault driver who is uninsured or underinsured, the rideshare company’s policy may include uninsured/underinsured motorist protection. This coverage can apply to passengers and, sometimes, other injured parties.
In Virginia, all drivers are generally required to carry uninsured/underinsured motorist coverage as part of their auto policy unless they formally reject it. In rideshare cases, both the driver’s and the rideshare company’s policies may offer additional layers of protection under the uninsured/underinsured motorist coverage.
Virginia laws and how they apply to rideshare accidents
Virginia has several legal principles and statutes that influence personal injury claims. Many overlap with general car accident cases, but an attorney will apply them within the framework of a rideshare claim. Below are some considerations that may affect you if you are pursuing compensation.
Negligence and fault
Car accident claims often rely on proving that someone’s negligence caused the crash. If a rideshare driver’s carelessness caused your injuries, you may file a claim against that driver, the rideshare company’s policy, or both. An attorney can examine police reports, witness accounts, accident scene photos, and other evidence to build a claim showing who caused the crash and how that negligence affected you.
Regulations for rideshare drivers
Rideshare drivers in Virginia must follow applicable state and local regulations, which can vary. In some areas, drivers must obtain additional licenses or permits. They also must undergo background checks and keep their cars in safe working condition. If a rideshare driver fails to follow these regulations, that can be a factor in establishing liability.
Seat belt and cell phone laws
Virginia has laws requiring seat belts for certain passengers and restricting the use of cell phones while driving. If a rideshare driver was texting at the time of the crash, that is often relevant in establishing liability. On the flip side, if you were in the back seat and not wearing a seat belt, an insurance company might argue your injuries were worse as a result. An attorney can address these topics to protect your claim.
Potential for third-party liability
In some cases, others beyond the rideshare driver and company might share responsibility. For instance, if a vehicle defect or poorly maintained roadway contributed to the crash, there may be additional avenues for compensation. An attorney can investigate these factors and, if warranted, file claims against multiple parties.
The role of an attorney in rideshare accident cases
When you’re hurt in a rideshare accident, it’s common to receive quick calls from insurance representatives asking for recorded statements or urging you to settle. Having legal counsel can help in several ways:
- Clarifying liability: Determining who is responsible can be a challenge when a rideshare driver is involved. An attorney can investigate the facts and identify all potential sources of compensation.
- Handling insurance claims: Insurance carriers may try to shift responsibility onto other parties or minimize your injuries. The right guidance can help you avoid mistakes that could reduce or eliminate a valid claim.
- Evaluating compensation: You may be entitled to damages for medical bills, lost wages, pain and suffering, and other losses. A lawyer can pursue compensation that reflects the scope of your injuries.
Negotiating with insurance companies
Insurance companies often play a key role in rideshare accident claims. Below are some negotiation tactics they might use:
- Quick settlement offers: Adjusters might approach you soon after the accident with a lump-sum offer to close the case. These offers frequently cover immediate medical bills but may ignore long-term needs.
- Denial of liability: They might argue that their policy doesn’t apply or that the rideshare driver was off duty. This can be confusing unless you have legal counsel who understands how to interpret app logs and insurance clauses.
- Delaying tactics: Some insurers prolong the process, hoping you’ll settle out of frustration or financial strain.
- Downplaying injuries: They may claim your injuries are less severe than reported or that they are due to a pre-existing condition.
Legal representation is designed to counter these insurance tactics. By carefully documenting injuries, consulting medical experts (if needed), and verifying app data, an attorney can present strong evidence that supports your claim.
Preparing for trial if necessary
Most personal injury cases settle without going to trial. However, if insurance companies refuse a fair settlement, your lawyer may recommend filing a lawsuit. A trial can be unpredictable, but it can also be a path to justice when other methods fail.
Filing a lawsuit includes:
- Drafting a complaint: Your lawyer formally starts the legal action, outlining the facts and legal basis for your claim.
- Discovery process: Both sides exchange information and evidence. This can include depositions, document requests, and interrogatories.
- Mediation or settlement discussions: Even after a lawsuit is filed, parties often explore settlement.
- Court proceedings: If the insurance companies refuse to offer a fair settlement, your case proceeds to a judge or jury.
Allen & Allen has long been committed to standing by our clients through every phase of a personal injury claim. Our attorneys manage trial preparations, keep you updated on progress, and ensure that your case is presented clearly and accurately.
The statute of limitations in Virginia
When pursuing a car accident claim in Virginia, you typically have a certain timeframe (known as the statute of limitations) to file a lawsuit. Once this period passes, you may lose the right to seek compensation.
In many personal injury cases, the statute of limitations in Virginia is two years from the date of the accident. There can be factors that modify that timeframe, so confirming your deadline is essential. Even if you’re in ongoing negotiations with insurance, time doesn’t stand still. Consulting a lawyer sooner rather than later can help preserve your rights and keep your claim on track.
Factors that can affect your case’s value
A rideshare accident can lead to compensation, but the exact amount depends on the specifics. Below are some factors that commonly influence personal injury claims:
Severity of injuries
Serious injuries, such as broken bones, head trauma, or spinal cord injuries, often lead to higher medical costs, longer recovery, and more significant impact on daily life. This can translate into higher compensation demands.
Prognosis and ongoing care
A doctor’s diagnosis and estimated recovery time factor heavily into a claim’s value. If you require ongoing physical therapy, surgeries, or medication, these projected costs should be included in the settlement demand.
Impact on work
Lost wages can put a strain on your finances. If the crash leaves you unable to return to work in the same capacity, you may have a claim for diminished earning capacity.
Emotional distress
Anxiety, depression, or post-traumatic stress disorder (PTSD)-like symptoms are real consequences of a serious accident. These elements can add to the overall valuation of your claim.
Witness statements and evidence
Credible witnesses and solid evidence help confirm the events leading to the crash. Photos, traffic camera footage, and electronic rideshare data can strengthen your case.
When multiple parties share responsibility
Rideshare accidents often involve multiple vehicles. If several drivers contributed to your injuries, you may have a claim against more than one party. It’s also possible that the rideshare company, if they failed to properly screen or train the driver, could share liability in certain scenarios.
Exploring liability thoroughly can uncover additional insurance coverage that might otherwise go unnoticed. For instance, if the rideshare driver was on a delivery for another service at the same time or if a third party was negligent, your lawyer can investigate. Each of these factors can impact the compensation you receive.
Contact Allen & Allen
You don’t have to navigate endless phone calls and complicated paperwork on your own. If you’ve been hurt in a crash involving an Uber or Lyft driver—whether you were a passenger, pedestrian, or another driver—working with an attorney who understands your rights under Virginia law can make a difference in your path to recovery.
If you’re uncertain about your rights or need to know how to move forward after a rideshare crash, contact Allen & Allen. We’re known for making your fight our fight. Your first consultation comes with no obligation, giving you the space to discuss your accident, injuries, and concerns without pressure.
Time is a factor in personal injury cases, so it can help to reach out as soon as you can. Let Allen & Allen uphold the legacy of care, compassion, and commitment to stand by you in your time of need. Call our Richmond office at 866-388-1307 or contact us online to schedule a free consultation.
