Rideshare services like Uber and Lyft have made getting around Virginia more convenient than ever. However, when accidents happen during a rideshare trip, it can leave passengers, drivers, and other parties scrambling to understand who is responsible. Determining liability in these accidents is often more complex than in traditional car accidents, given the unique nature of rideshare platforms.
This blog will break down how liability works in Virginia for rideshare accidents and what it means for passengers and victims involved.
Understanding Liability in Rideshare Accidents
Liability in rideshare accidents depends on several factors, including who is at fault for the crash and the status of the rideshare driver at the time of the accident. It’s important to note that in Virginia, rideshare companies like Uber and Lyft provide insurance coverage under specific circumstances. That said, the at-fault driver’s personal insurance may be the first line of coverage.
The Rideshare Driver’s Status Matters
The role of a rideshare driver at the time of the accident plays a significant part in determining whose insurance applies. Here’s how it breaks down:
- App Off (Driver Not Logged Into App)
If the driver is not actively logged into the rideshare app, the accident is considered the driver's personal responsibility. Their personal auto insurance will be required to cover the damages.
- App On (Waiting for a Ride Request)
When the driver is logged into the app but has not yet accepted a ride request, Uber or Lyft provides limited liability coverage. This typically includes:
- $50,000 per person in bodily injury coverage
- $100,000 per accident in bodily injury coverage
- $25,000 for property damage
- App On (En Route to Pick Up a Passenger or During Active Ride)
Once the driver accepts a ride or a passenger is in the vehicle, the company’s commercial insurance policy comes into play. This policy often provides up to $1 million in liability coverage, as well as uninsured/underinsured motorist coverage for the rideshare passenger and third parties involved.
Other Potentially Liable Parties
While the rideshare driver’s actions typically play a key role in determining liability, other parties may also be responsible in certain cases:
- Another Driver: If another vehicle caused the accident, the other driver's auto insurance would be responsible for covering damages.
- Rideshare Companies: While Uber and Lyft are generally shielded from liability due to their classification of drivers as independent contractors, exceptions may occur if their policies or actions contributed to the accident.
- Vehicle Manufacturers: If a mechanical defect contributed to the crash, the manufacturer of the vehicle or its components could be held accountable.
Understanding who’s responsible requires a thorough investigation and knowledge of applicable Virginia laws.
What Should Rideshare Passengers and Victims Do Following an Accident?
If you are a rideshare passenger or someone injured in an accident involving a rideshare vehicle, the steps you take immediately afterward are crucial. Consider the following actions to protect yourself and strengthen your potential claim:
- Document the Incident: Take photos of the accident scene, including vehicle damage and any visible injuries.
- Request Contact Information: Gather details from all parties involved, including the rideshare driver, other drivers, and witnesses.
- Report the Accident: Inform the rideshare company via their app as soon as possible, and notify your insurance provider.
- Seek Medical Attention: Even if injuries seem minor, seeing a doctor is essential to safeguard your health and document any injuries.
- Consult an Attorney: Rideshare accident claims are often complex. An experienced attorney can help you identify the responsible parties, negotiate with insurance companies, and pursue compensation for your injuries.
How Harrisonburg Car Accident Attorneys Can Help
Navigating the aftermath of a rideshare accident can be overwhelming. At Obenshain Law Group, we’re committed to helping car accident victims in Virginia secure the compensation they deserve. Whether you’re dealing with mounting medical bills, lost wages, or emotional distress, our compassionate team is here to provide the support and guidance you need. We’ll handle every legal aspect of your case so you can focus on moving forward.
Contact us at (540) 318-7360 today for a free consultation. We’re here to help you every step of the way.