Is Uber Liable for Their Drivers in Virginia?

Oct 20, 2023 | Blog

Uber Liable for Their Drivers in Virginia

Rideshare services like Uber and Lyft can be very convenient when you need a ride home from the airport, office, or bar. When getting into an Uber driver’s car, you probably don’t expect them to have an accident.

What should you do if an Uber driver hits your car in Virginia? What is your recourse if another driver causes an accident when you’re riding as an Uber passenger? Can you sue Uber or their driver?

Is Uber Responsible If Their Driver Hits My Vehicle?

Whether Uber is responsible for an accident depends on the driver’s status at the time.

If the driver had the Uber app off, they’re just like any other driver on the road. Uber’s insurance doesn’t apply to off-duty drivers, so you’d need to make a claim with the driver’s personal insurance company. If someone other than the car owner was driving, you would file a claim with their insurance instead.

If the driver has no insurance or doesn’t have enough to cover the accident, you’ll need to make a claim with your own uninsured/underinsured motorist coverage.

If the Uber app was on and the Uber driver was waiting for a ride request, you can hold Uber partially responsible for your accident. Uber didn’t always provide coverage to drivers waiting for requests, but in 2023, it insures drivers for:

  • Up to $50,000 per person and $100,000 per accident for bodily injury
  • $25,000 per accident for property damage

If the Uber driver hits you while transporting a passenger in their rideshare vehicle, Uber is fully responsible for the damage they’ve caused, which means you can sue the company. Uber insurance covers up to $1 million per accident. This insurance is available for medical bills and damage to your car.

Accidents Involving Uber Passengers

What happens if your Uber driver hits someone while you’re their passenger? In this case, Uber would pay for your damages (up to $1 million). If someone else hit your Uber driver, you’d need to make a claim with their insurance company instead.

What to Do After an Uber Accident

Just like any other car accident, crashes involving an Uber vehicle can be frightening. Here’s what you should do immediately after an accident:

  1. Call the police to report the accident. In Virginia, you must report any accident involving death or injury to the police immediately. Not doing so is a misdemeanor punishable by a fine of up to $250. If you can’t call the police, ask someone else to do it for you.
  2. Go to the hospital if you’re seriously injured. Even if you’re not badly hurt, you should see a doctor as soon as you can after the accident. Some injuries don’t become obvious until days or weeks have passed.
  3. Report the accident to Uber (you can report Uber accidents online here).
  4. Tell your insurance company about the accident. You might need to make a report with your insurer even if the Uber driver was at fault. If the Uber driver has no or too little insurance and wasn’t transporting a passenger when they hit you, filing a claim with your insurance might be your only recourse.
  5. You may wish to hire a Virginia rideshare attorney to help with your claim. If Uber’s insurance calls you, you can tell the adjuster you want all communications to go through your law firm.

Contact Geoff McDonald & Associates, P.C. If You’ve Been Injured in an Uber Accident

Uber accidents can be complicated, which is why you may need the help of a Virginia rideshare attorney who has experience with personal injury cases. If you’d like to file a personal injury claim, contact Geoff McDonald & Associates, P.C., at (804) 888-8888 for a free consultation regarding your case today.

Geoff McDonald and Associates: 804-888-8888.


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