Yes. After an Uber accident in Virginia, you may be able to pursue compensation from the at-fault driver, another responsible party, and one or more applicable insurance policies. In more limited situations, a claim against Uber itself may also be possible. Understanding who is actually responsible, and whose insurance applies, is often the most confusing part of a rideshare accident.
Deering Hedrick, P.C. has spent nearly 30 years advocating for injured people throughout Hampton Roads, including those hurt in rideshare accidents. Call us today at (757) 383-6848 to discuss your situation.
Who Is Usually Responsible for an Uber Crash?
Liability after an Uber accident depends on who actually caused the crash, which is not always the Uber driver.
The Uber Driver May Be Liable
If the Uber driver’s negligence, such as distracted driving, speeding, or failing to yield, caused or contributed to the crash, that driver may bear liability for the resulting injuries, separate from any claim involving Uber itself.
Another Driver or Third Party May Be Liable
In many rideshare accidents, a separate driver who has no connection to Uber at all is the one whose negligence caused the crash. In these situations, that driver’s own insurance typically becomes the primary source of compensation.
What Insurance Coverage May Be Available After an Uber Accident?
Depending on how the crash happened and the coverage available, compensation may come from the Uber driver’s insurer, another at-fault driver’s insurer, Uber-related rideshare coverage, uninsured or underinsured motorist coverage, or, in limited cases, a claim based on Uber’s own alleged conduct.
How Uber Coverage May Apply at Each Stage of a Ride
The insurance coverage that applies to an Uber accident depends heavily on what the driver was doing in the app at the exact moment of the crash.
Driver Is Not Logged Into the Uber App
When a driver is not logged into the Uber app, Uber’s rideshare coverage would generally not apply, and the claim would ordinarily proceed under the driver’s personal auto insurance and any other available coverage.
Driver Is Logged In and Waiting for a Ride Request
When a driver is logged into the Uber app and available to accept rides, but has not accepted a trip, Virginia law generally requires at least $50,000 in bodily injury coverage per person, $100,000 per accident, and $25,000 for property damage.
The driver’s personal policy, Uber-provided coverage, or both may be relevant depending on the policy terms and circumstances.
Driver Is Picking Up a Passenger or Completing a Trip
Once an Uber driver accepts a ride request and until the trip is completed, Virginia law generally requires at least $1 million in liability coverage for death, bodily injury, and property damage. Coverage may be provided through Uber, the driver, or a combination of policies, depending on the circumstances.
It is worth noting that available insurance coverage does not by itself establish fault, prove damages, or guarantee that an injured person will recover a policy’s full limit. Every claim still requires a thorough evaluation of the facts.
Consider a brief example: A passenger is injured while riding in an Uber when another driver runs a red light and causes a collision. In this scenario, the injured passenger may have a claim against the other driver’s insurance. But, depending on the coverage available, Uber’s applicable commercial policy could also come into play. This example illustrates why more than one policy or party is often involved in these cases, not a prediction of how any specific case will unfold.
When Can Uber Be Sued Directly?
Uber generally treats its drivers as independent contractors. That classification can affect whether Uber may be held vicariously liable for a driver’s conduct, but it does not necessarily resolve every liability question.
In narrower circumstances, an injured person may allege that Uber’s own conduct contributed to the harm, such as through alleged failures in driver screening, retention, safety practices, or supervision. Whether a viable claim exists depends on the evidence and applicable law.
Does Uber’s Arbitration Clause Affect Your Case?
Uber’s terms of use include an arbitration provision that may apply to certain disputes against Uber, including some claims involving personal injury connected to use of its services. Whether it applies in a particular case can depend on the agreement accepted, any opt-out, the parties involved, and the claims asserted.
This is not an automatic bar to every claim following a rideshare accident, particularly claims against another driver or an insurance company rather than against Uber directly. A lawyer can review the agreement and claims involved to determine whether arbitration may affect your options.
What Should You Do After an Uber Accident?
If you have been injured in an Uber accident, a few steps can help protect your health and your legal rights:
- Seek medical attention immediately, even if injuries seem minor at first.
- Take a screenshot of your trip details within the app while they are still readily available.
- Photograph the accident scene, vehicle damage, and any visible injuries.
- Get contact and insurance information from all drivers involved.
- Get contact information from any witnesses.
- Request a copy of the police accident report.
- Call Deering Hedrick, P.C. at (757) 383-6848 before giving a statement to any insurance company.
In most cases, Virginia law gives an injured person two years from the date the claim accrues to file a personal injury lawsuit, though exceptions may apply depending on the specific circumstances of your case. Because rideshare accidents often involve multiple insurance policies and potential parties, it is important to seek legal guidance promptly rather than waiting to see how things unfold on their own.
How Deering Hedrick, P.C. Can Help
For more than three decades, Deering Hedrick, P.C. has helped injured people throughout Virginia Beach and Hampton Roads understand their options after serious crashes. Our approachable attorneys can investigate what happened, identify potentially responsible parties and available insurance coverage, and pursue a strategy tailored to your case.
If you were injured in an Uber accident, contact Deering Hedrick, P.C. at (757) 383-6848 to discuss your options with our Uber and Lyft accident lawyers.
