Suing Uber After a Crash
If you have been involved in an Uber-related accident in Virginia, you may find yourself wondering if you can sue Uber directly?
The answer may be yes.
Virginia operates under the rules of fault-based insurance coverage and personal injury claims. This means that the party responsible for causing the accident, or their insurers, bears financial responsibility for compensating victims for lost wages, medical bills, pain and suffering, and other damages. In a situation involving Uber drivers, there are several layers of potential liability, primarily the driver themselves, Uber’s commercial insurance coverage, and in some cases, corporate Uber.
Under Virginia law, rideshare companies like Uber must meet specific insurance coverage requirements under Code of Virginia §46.2-2099.52 (Insurance for Transportation Network Companies). This statutory requirement ensures that individuals injured in Uber-related incidents can file claims against an adequately insured entity or person, whether that be their driver, another motorist, or Uber itself.
Uber’s Insurance Coverage Requirements
Under Code of Virginia §46.2-2099.52, Uber and other rideshare operators must maintain a minimum level of insurance that depends upon what “period” the Uber vehicle is in at the time of the crash. These periods are separated into three distinct scenarios:
During the first period, when the driver is logged into the rideshare application but has not yet accepted a passenger request, Uber’s contingent liability coverage includes at least $50,000 per person and $100,000 per accident for bodily injuries, and $25,000 for property damage. The second and third periods pertain to when the Uber driver has accepted a ride request or has passengers on board. At these times, Uber’s insurance covers at least $1 million in liability and uninsured/underinsured motorist coverage.
My Uber Driver Crashed. Can I Sue Uber?
If your accident with an Uber driver occurs due to the Uber driver’s negligence while actively transporting a passenger or en route after accepting a fare request, Uber’s commercial liability coverage usually becomes the primary source of recovery. So, your suit would be against the driver, but Uber’s insurance would be required to cover your damages.
Directly suing Uber as a company in addition to their coverage provider is less common, as the company’s commercial insurance policy is designed specifically to protect against accident claims involving their drivers working under their app. However, there are some rare situations where the company itself could potentially be liable, such as failure to properly screen or supervise a driver known to be dangerous or irresponsible. Determining whether such exceptions apply would require careful evaluation of circumstances by a qualified attorney.
So, if you were a passenger injured in a car crash, you could sue the Uber driver if they caused the accident, and you could sue Uber directly if the company negligently allowed this person to get behind the wheel in the first place (such as allowing a driver with a horrific driving record).
How to Sue Uber After an Accident
Immediately following an accident, ensure police involvement by filing a police report. Call 911. Report the accident. Then, diligently document all relevant information, including driver and witness contact details, medical records, receipts for expenses, and images from the crash scene. Obtaining comprehensive medical evaluations and treatments promptly further establishes a clear link between the accident and your physical injuries.
Next, call a lawyer who handles Uber accidents in Virginia. State law involves a complex web of insurance coverage issues, driver employment classification, third-party claims, and Virginia’s fault-based auto accident laws. Our firm has helped hundreds of clients recover after being injured through the fault of others – contact us to discuss your case, and we can assist you. No fee unless you recover.