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Key Takeaways
Rideshare accidents involve layered insurance coverage that can be difficult to navigate, including the driver’s personal policy, other drivers’ coverage, and Uber or Lyft’s own liability insurance of up to $1 million.
Because Uber and Lyft classify their drivers as independent contractors rather than employees, suing the companies directly is generally not an option, making it critical to understand which insurance policies apply and when.
Accessing a rideshare company’s insurance coverage requires proving specific conditions, such as the driver’s personal insurance being exhausted or the at-fault driver being unidentified.
Compensation in a rideshare accident claim can include medical bills, lost wages, pain and suffering, property damage, and emotional trauma.
A rideshare crash can leave several different people searching for answers about who pays for their injuries. Uber and Lyft passengers, drivers and passengers in another vehicle, and pedestrians or cyclists struck by a rideshare car can all end up with serious medical bills and no clear sense of where to turn. In these cases, pursuing compensation often isn’t just about determining who caused the crash but whose insurance coverage applies.
At Huffman & Huffman Brothers-in-Law, our Virginia Beach law firm has represented injured clients in Virginia Beach since 1973, and we help clients sort through these questions after a rideshare crash. We work to identify every driver, company, and insurance policy that may owe compensation, then pursue payment for medical bills, lost income, and other losses tied to the wreck.
Why Is It Important to Hire a Virginia Beach Rideshare Accident Lawyer?
A rideshare crash can look like a routine car accident at first, but what typically sets these cases apart is one extra step most car accident claims never require: figuring out the rideshare driver’s app status at the moment of the crash. That matters because it directly affects how a claim is filed and the amount of compensation that may be available for injured victims.
For example, if the Uber or Lyft driver was not logged in, then that driver’s personal auto insurance policy would generally apply. If they were logged in, then the rideshare company’s liability coverage may apply. The difference can mean hundreds of thousands of dollars in available coverage.
Virginia’s contributory negligence rule is another factor, particularly for non-rideshare drivers, cyclists, and pedestrians. This rule means that if an insurance company can show that you were even slightly at fault for the accident, you can be barred from recovering compensation altogether. Both of these factors are why working with an attorney to thoroughly investigate the accident is in your best interest.
Why Choose Huffman & Huffman for Your Rideshare Accident Injury Claim?
Huffman & Huffman has represented injured people throughout Hampton Roads since 1973. Today, our attorneys bring more than 150 years of combined legal experience to motor vehicle and insurance claims, and we remain a family-owned firm with offices in Virginia Beach and Newport News.
When you bring a rideshare accident claim to our firm, our attorneys can:
- Determine who may be responsible and which insurance coverage applies. We investigate the rideshare driver’s app status, identify every potentially liable party, and determine whether personal, rideshare, or other insurance policies may provide coverage.
- Build the evidence needed to prove what happened. We gather police reports, photographs, witness statements, video footage, electronic records, vehicle data, and other evidence before it is lost. When necessary, we may also work with accident reconstruction specialists or other experts.
- Document the full extent of your losses. We work to account for medical expenses, future treatment, lost income, reduced earning capacity, pain and suffering, and the other ways the crash may affect your life over time.
- Handle disputes and negotiations with the insurance companies. We respond when insurers contest coverage, minimize injuries, undervalue losses, or attempt to shift blame onto you under Virginia’s contributory negligence rule.
- File a lawsuit when a fair settlement is not offered. If negotiations do not lead to a reasonable resolution, we are prepared to take the case to court and continue pursuing maximum compensation through litigation.
We represent rideshare accident clients on a contingency fee basis, so there is no upfront attorney’s fee. Our goal is to identify every available source of compensation, build the evidence needed to support your claim, and pursue a recovery that accounts for the full impact of the crash.
Who Pays After a Rideshare Accident in Virginia Beach?
In Virginia, the person or party responsible for causing a crash is generally responsible for the resulting damages. That basic rule doesn’t change simply because a rideshare vehicle was involved. What does change is how many insurance policies could apply, and the correct answer often depends on what the rideshare driver was doing in the Uber or Lyft app in the moments before the crash.
If the Rideshare Driver Was Not Logged Into the App
When a rideshare driver hasn’t logged into the Uber or Lyft app, the crash typically works like an ordinary car accident. The driver wasn’t working as a rideshare driver at that moment, so their personal auto insurance policy is generally the coverage that applies, just as it would be in a crash between any two private drivers.
If the Driver Was Logged In but Had Not Accepted a Ride
Virginia law requires rideshare companies to carry primary liability coverage of at least $50,000 per person and $100,000 per incident for bodily injury or death, along with $25,000 in property damage coverage, from the moment a driver logs into the app until a ride request is accepted. This tier of coverage applies during the period when a driver is available on the app but hasn’t yet been matched with a passenger.
If the Driver Had Accepted a Ride or Was Transporting a Passenger
From the moment a rideshare driver accepts a ride request until the trip is complete, Virginia law requires primary liability coverage of at least $1 million for death, bodily injury, and property damage. Virginia also requires uninsured and underinsured motorist coverage for rideshare passengers, applying from the moment a passenger gets into the vehicle until they get out.
What If Another Driver Caused the Rideshare Accident?
Sometimes, the rideshare driver isn’t the one who caused the crash. If a passenger is hurt because another driver ran a light or rear-ended the rideshare vehicle, the claim may need to go against that driver rather than the Uber or Lyft driver.
How Is Liability Proven in a Virginia Beach Rideshare Accident Case?
In a Virginia Beach Uber or Lyft accident case, you need to prove that another party’s negligence caused the crash. Negligent conduct behind a rideshare crash can take several forms, including:
- Distracted driving
- Speeding
- Following too closely
- Unsafe lane changes
- Failure to yield
- Running a red light or stop sign
- Impaired driving
- Fatigued driving
For rideshare drivers specifically, distraction can include glancing at the app, checking a navigation screen, or handling a phone while driving, though app use during a trip doesn’t by itself prove that a driver was negligent.
Proving what happened often comes down to evidence, such as:
- Police reports
- Photographs of the scene and vehicle damage
- Witness statements
- Dashcam or surveillance footage
- Cell phone records
- Electronic vehicle data
- Rideshare app and trip records
- Information showing when the driver logged in, accepted the ride, picked up a passenger, or completed the trip
In more complicated crashes, accident reconstruction specialists or other experts can help piece together how the collision happened.
What Compensation Can You Recover in a Virginia Beach Rideshare Accident Claim?
The compensation available after a rideshare crash depends on how the accident affected you. Depending on the details of your case, you may be able to recover compensation for:
- Emergency medical care and hospitalization
- Surgery and specialist treatment
- Future medical care and rehabilitation
- Medication and assistive equipment
- Lost wages
- Reduced earning capacity
- Vehicle repair or replacement
- Other accident-related out-of-pocket expenses
- Physical pain and suffering
- Emotional distress
- Permanent disability
- Scarring or disfigurement
- Loss of enjoyment of life
- Reduced independence or limitations on everyday activities
When a rideshare crash is fatal, certain family members may also be able to pursue a wrongful death claim on behalf of the person who died.
Serious injuries often require looking well beyond your current medical bills. A claim that only accounts for treatment you’ve already received can leave you without money for care you’ll need months or years down the road, so it’s worth having an attorney weigh both your current and future losses before you settle.
What to Do After a Rideshare Accident in Virginia Beach
What you do in the hours and days after a rideshare crash can affect both your health and your ability to recover compensation later, whether you were a passenger, another driver, or someone walking or biking nearby.
After a rideshare accident, consider taking these steps:
- Call 911 and report the crash
- Seek medical attention, including for symptoms that may not show up right away
- Photograph the vehicles, scene, road conditions, and any visible injuries
- Collect information from every driver involved, not just the rideshare driver
- Get contact information from any witnesses
- Document the rideshare trip; passengers should save screenshots, receipts, driver information, trip details, and any messages available through the app
- Avoid assuming Uber or Lyft will sort out who was responsible or which insurer owes compensation
- Be careful when speaking with insurance adjusters, especially before giving a recorded statement or accepting a settlement
- Speak with a rideshare accident attorney if you were injured, particularly if more than one driver or insurance policy may be involved
These steps help preserve the evidence and information an attorney needs to build a strong claim on your behalf.
Virginia Beach Rideshare Accident FAQs
Can You Sue Uber or Lyft After a Rideshare Accident?
Possibly, but not simply because one of their drivers caused a crash. Most rideshare claims are brought against the negligent driver and the rideshare insurance coverage that applies to the trip. There can be situations where a rideshare company faces its own liability based on its own conduct or other legally recognized grounds, and Virginia law states that a rideshare company cannot contract away liability the law imposes for injuries to passengers in its care. Whether you can pursue Uber, Lyft, the driver, another motorist, or more than one of these parties depends on the specific facts of your crash.
How Long Do You Have to File a Rideshare Accident Lawsuit in Virginia?
In most cases, Virginia gives you two years from the date of the crash to file a personal injury lawsuit. This deadline is separate from any notice requirements an insurance company may impose, which can come up much sooner. Certain exceptions can extend or shorten this deadline depending on the facts of your case, so it’s worth talking to an attorney well before time runs out.
How Much Does It Cost to Hire a Virginia Beach Uber and Lyft Accident Attorney?
Our legal team represents rideshare accident clients on a contingency fee basis, so there’s no upfront attorney’s fee to hire us. Our fee is an agreed percentage of your recovery, and you don’t pay an attorney’s fee if we don’t recover compensation for you.
Do You Have a Virginia Beach Rideshare Accident Attorney Near Me?
Yes. We serve Virginia Beach clients out of our local office at 4780 Euclid Road, making it easy to speak with our attorneys face to face.
Speak With a Virginia Beach Rideshare Accident Lawyer at Huffman & Huffman Today
Rideshare accidents can raise questions that a typical car accident claim doesn’t, particularly when it comes to a driver’s app status and which insurance policy actually applies. Whether you were an Uber or Lyft passenger, a driver or passenger in another vehicle, or a pedestrian or cyclist hit by a rideshare car, we encourage you to contact our firm today for a free consultation with one of our Lyft and Uber accident lawyers in Virginia Beach.
