What to know first. Once an Uber or Lyft driver accepts a ride in Virginia, the law requires at least $1 million in primary liability coverage until the trip ends.
During a trip
Section 46.2-2099.52(B) applies from the moment a transportation network company driver accepts a trip request through the end of that trip, including while the driver is traveling to pick up the rider and while the passenger is seated in the vehicle. During that period the statute requires primary liability coverage of at least $1 million, and it also requires uninsured and underinsured motorist coverage. If you were a rider, a pedestrian, a passenger in another car or another driver hit by a rideshare vehicle during an accepted trip, that $1 million policy is usually the policy you want identified first.
The company, the driver and the insurers will ask when the app was on and whether a trip had been accepted. That timing decides which policy applies. Save the ride receipt, the trip map, screenshots of the operator’s name and plate, plus the app’s time stamps. Do not delete the account or the trip history. If you were the rider, go back into the app the same day and download or photograph whatever it still shows.
Before a ride is accepted
A smaller set of coverage rules governs the period after a driver logs into the app and before a ride is accepted. That “waiting” period is not the same as an accepted trip, and the $1 million figure does not automatically apply. A driver who is logged out, or who is running a personal errand with the app off, has only a personal auto policy, which may even exclude rideshare use. These gaps are why the app’s on-or-off state at impact matters so much, and why you should not rely on a verbal statement from the driver about “being on the way to a ride.”
Where pickups happen
The Oceanfront, Town Center and Norfolk International Airport see heavy pickup and drop-off traffic. Sudden stops, double parking and drivers looking at a phone for a pin location cause many of these wrecks. A rear-end crash in a hotel circle or a sideswipe in an airport lane is still an ordinary Virginia fault case, with the added question of which policy is primary. Hotel and airport cameras can be useful, and they are often overwritten quickly. Ask in writing right away.
Fault and contributory negligence
Virginia’s contributory negligence rule still applies. A rider is rarely the person accused of causing the wreck, but it can come up if a door is opened into traffic or if someone darts into a lane. Other drivers and pedestrians can face the same fault arguments they would face in any other crash. Be careful what you say to insurers, and read the fault guide.
What to do after the wreck
Call 911, get medical care and tell the officer a rideshare trip was underway, including the company name if you know it. Report the crash in the app, and report it to your own insurer if you have a policy. Ask your insurer about med pay and UM coverage, which can still matter if there is a dispute about the rideshare policy or if you were a rider who needs medical bills paid while the companies sort out coverage. See the first-week guide and the insurance guide.
If the crash involved a city vehicle or happened in a way that might implicate a public body, do not ignore the shorter notice rules in the public-body guide.
If you were in another vehicle
You do not have to be a rider to make a claim after a rideshare crash. If an Uber or Lyft vehicle hit your car, or hit you in a crosswalk, the same timing question decides which policy applies. Get the plate, the company name if it is displayed, and any trip decal you can photograph. Then go through the same first-week steps anyone else would follow, including medical care and a police report. Your own UM coverage can still be a backup if the rideshare coverage is disputed or delayed.
Do not sign a release from the driver’s personal insurer, or from the company, until you know which policy is actually responding and what injuries you have. A fast offer in the first week is often an offer made before the medical picture is clear.
Questions people ask
Can a passenger be blamed? It is uncommon, but contributory negligence can still come up on particular facts, such as a door opened into a travel lane.
Should I report it in the app? Yes, and to the police. The app report is not a substitute for a police crash report.
What if the driver says the app was off? Save your trip history anyway. The company’s own data, and the time of any accepted ride, can be requested later. Do not accept the driver’s account as the last word.
What if I was the driver? Tell the company and your personal insurer, and be careful about sitting for a long insurer interview before you understand which policy applies. Get medical care if you are hurt, and keep the car available for inspection.
If a passenger in your own car was hurt, that person may have a claim as well, and may also have coverage under a household policy. Do not assume one conversation with an adjuster covers everyone in the vehicle.
Keep reading with UM and UIM and the first week.