Uber Lyft Accident Attorney in Virginia Beach

Ridesharing services are convenient, but they may put you at risk of serious injury. Uber, Lyft, and other ridesharing services offer a valuable service at affordable prices to people who need to get around town quickly. We rely upon these services to provide competent and qualified drivers who will safely get us where we need to go. But what happens if a rideshare driver is involved in a serious accident while you’re in the vehicle?

At Ruloff, Swain, Haddad, Morecock, Talbert & Woodward, P.C., we’re committed to helping those injured in ridesharing accidents throughout Virginia’s Tidewater region. We represent car accident and personal injury victims in Virginia Beach, Norfolk, Portsmouth, Newport News, Hampton, Chesapeake, and beyond. We understand the challenges your claim will face, and we know how to overcome them.

Ridesharing rules are evolving all the time. You need an experienced and knowledgeable car accident lawyer who will help you build your claim. Contact us today for a free consultation and advice about your legal options for recovery.

Uber and Lyft Accidents: What Type of Insurance Coverage Do Rideshare Drivers Have?

Rideshare drivers are generally required to have personal auto insurance that meets state requirements. On top of the driver’s personal insurance, Uber and Lyft have a three-tier insurance policy that will change depending upon circumstances*:

Tier 1: The rideshare app is off. The driver is personally liable, and their own auto insurance would apply.
Tier 2: The rideshare app is on, and the driver is waiting for customers. Both Uber and Lyft provide a 50/100/25 liability policy. This means that there is a maximum of $50,000 bodily injury liability per person with a maximum of $100,000 bodily injury liability per accident. A $25,000 property damage limit also applies. These policies may be higher if required by state law.
Tier 3: The rideshare app is on, and the driver is traveling to pick up a customer or is transporting a customer. Both companies offer a $1 million liability policy that can apply to those involved in an accident.

Both companies also provide a $1 million uninsured motorist policy that may apply.

Who Can Be Held Liable in a Uber or Lyft Accident?

In a ridesharing accident, the driver and the ridesharing company may both be liable, but it depends on the circumstances. Liability will depend on how the accident happened, who was involved, and what your relationship was to the ridesharing service.

Recovery may depend on whether the driver is considered to be an employee or an independent contractor. Different rideshare services may classify their drivers differently. Additionally, some states may recognize drivers as employees and other states may say the drivers are independent contractors. The rules are constantly changing, and the distinction matters when you’re trying to recover for damages.

In Virginia, rideshare drivers are generally regarded as independent contractors.

If you were hit by a rideshare service driver, what they were doing at the time of the accident could affect your claim. If they were off-duty, their own insurance would likely apply. If they were waiting for customers, there may be one particular set of insurance policies in play. If they hit you on their way to pick someone up, or when they were transporting a customer, another set of insurance policies may apply.

The law surrounding rideshare accidents is extremely complex. You should discuss your particular situation with the attorneys of Ruloff, Swain, Haddad, Morecock, Talbert & Woodward, P.C., to find out what options you may have.

Driver and Business Liability

A rideshare driver may be personally liable for their conduct. However, it may be challenging to recover from them personally if they are engaged in the rideshare-related activity. The circumstances and timing of the accident will help determine whose insurance policies apply. A lawyer can help you untangle the policies and move forward with your claim.

Companies may also be liable, depending on the circumstances. Let’s look at an example of how Uber’s insurance might work:

What if you’re hit by an Uber driver while the Uber app is off, and the driver is off duty? In some accidents, it may be hard to tell if the driver was working for Uber at the time. If the app is off, then the driver is operating their personal insurance policy would likely apply.
What if an Uber driver hits you while their app is on and they’re waiting for a customer? In that case, Uber’s current insurance policy would provide coverage. Uber would cover personal injury liability up to $50,000 per person and $100,000 maximum liability per accident. Uber would also cover up to $25,000 in property damage.
What if the Uber driver hits you while they are transporting a customer or heading to pick one up? In that case, Uber provides $1 million of liability coverage that can be applied to the driver, the passengers, and others on the road.
What if you’re a passenger in an Uber rideshare? If you were a passenger in an Uber and you were injured in an accident, the $1 million liability policy would be in effect. A $1 million uninsured or underinsured motorist bodily injury coverage would also apply.

Compensation After an Uber or Lyft Accident

Compensation for a rideshare accident is similar to compensation in any personal injury accident. Any time you’re injured in an accident, you may be entitled to the following types of compensation:

Medical Bills: This includes bills immediately after the accident and into the future.
Lost Wages and Income: Your injuries can cause you to miss work or lose your job altogether.
Property Damage: This can include vehicles, bicycles, and personal property.
Pain and Suffering: Injuries can cause physical pain and psychological damage that lasts a lifetime.
Punitive Damages: If the driver’s conduct was particularly bad, punitive damages may be available in rare cases.

Contact a Uber & Lyft Accident Attorney for Help

Ridesharing is a developing technology, and the rules are changing all the time. If you’ve been hurt by a rideshare driver, your recovery will depend on the circumstances and timing of the accident. We can help you untangle the evidence and insurance policies involved in your claim.

At Ruloff, Swain, Haddad, Morecock, Talbert & Woodward, P.C., we have represented accident victims throughout the Virginia Beach area and beyond. Our lawyers have decades of experience working with insurance companies, and we understand the challenges your claim may face.

If you have been injured in a rideshare accident, we are ready to help you pursue compensation for your losses. Contact us today for a free consultation.

*See Uber’s insurance policy statements as of March 2018: https://www.uber.com/drive/insurance/ for more information.

See also Lyft’s insurance policy statements as of March 2018: https://help.lyft.com/hc/en-us/articles/115013080548-Insurance-Policy