As ridesharing companies like Uber and Lyft become more popular, more rideshare accidents will occur. Rideshare drivers and passengers injured in accidents may be entitled to compensation through an auto insurance claim or personal injury lawsuit.
Recovering compensation after a rideshare accident can be daunting due to the complexity of the auto insurance process. Speaking to an experienced attorney as soon as possible can help you understand your legal rights and options. The skilled personal injury attorneys at Surovell Isaacs & Levy PLC, with their extensive experience in handling rideshare accident cases, are prepared to pursue the best outcome possible in your case.
Requirements for Uber and Lyft Drivers Under Virginia Law
V.A. Code § 46.2-2099.49 sets forth the requirements for transportation network companies, including rideshare companies. Before rideshare companies hire drivers to transport passengers for them, the companies are legally required to take the following steps:
- Confirm the driver is at least 21 years old
- Confirm the driver has a valid driver’s license
- Complete a criminal background check for the driver
- Complete a new criminal history check every two years after the initial background check
- Complete a sex offender background check on the driver
- Review the driver’s driving history annually
- Implement a zero-tolerance policy regarding drivers using alcohol or drugs while transporting customers
Holding Rideshare Companies Liable
Holding rideshare companies liable for their driver’s negligence can be difficult because drivers are considered independent contractors, not employees. Generally, companies can’t be held liable for the conduct of independent contractors.
However, when rideshare companies violate V.A. Code § 46.2-2099.49 and their drivers cause an accident, victims may be able to prove negligence per se. Under Virginia law, when a person violates a safety law and causes the type of accident the law was enacted to prevent, they’ve engaged in negligence per se.
For example, suppose a victim can prove a rideshare company failed to look into a driver’s driving background, which would have indicated several drunk driving convictions. In that case, the victim would likely be able to hold the rideshare company liable for injuries caused by the driver’s drunk driving.
Rideshare Passengers Injured By Their Rideshare Driver
If you were injured in a car accident caused by your Uber or Lyft driver, you have the right to pursue an insurance claim against the at-fault Uber or Lyft driver. You’ll also have the right to pursue a personal injury lawsuit against your driver. However, many rideshare drivers do not have sufficient assets or insurance coverage to compensate victims fully. If the accident occurred when the driver was actively transporting you after you booked a ride using the company’s app, Uber or Lyft’s million-dollar insurance coverage will be available to you.
Rideshare Passengers Injured By Another Driver
When another driver causes an accident with your rideshare driver, you have the right to seek compensation from the at-fault driver. You can file an insurance claim with the at-fault driver’s auto insurance provider or pursue a personal injury lawsuit against them. Suppose the third-party driver doesn’t have auto insurance, or their auto insurance policy won’t fully cover your damages. In that case, you may need to file an uninsured/underinsured driver claim through the rideshare company’s auto insurance provider.
Virginia follows the legal doctrine of “joint and several liability.” If your rideshare driver contributed to the accident but wasn’t entirely at fault, you can pursue compensation from your driver and the other driver who contributed. As long as you and your attorney can prove both drivers’ negligence caused the accident, you can pursue full damages from either or both defendants, giving you the best chance for full compensation.
Recovering Compensation As an Injured Rideshare Driver
What happens if you were the driver of a rideshare accident who became injured in an accident? Determining fault will play a significant role in the ways you can obtain compensation for your injuries. Uber’s insurance policy generally covers rideshare drivers when a car accident happens while the rideshare app is activated. Full coverage through Uber and Lyft only applies when the driver is actively transporting a customer.
If the car accident occurred before you accepted a customer’s request for a ride, you will need to file a claim with your personal auto insurance provider. If another driver contributed to the accident and Uber or Lyft’s insurance policy doesn’t cover the accident, hiring an attorney can help you pursue a claim through the other driver’s insurance policy.
The Benefits of Hiring a Rideshare Accident Attorney
When it comes to rideshare accident claims, timing is essential. In Virginia, victims only have two years to pursue a personal injury or wrongful death lawsuit against the at-fault party. The sooner you hire an attorney, the sooner your attorney can investigate your case, gather evidence, and develop a strategy to pursue compensation.
When you work with Surovell Isaacs & Levy PLC, you can rest assured we will locate and interview witnesses, visit the accident scene, and work with accident reconstruction and medical specialists to prove your claim. We will handle every aspect of your claim, including speaking and negotiating with all the insurance companies. We will protect you from accepting a low settlement offer that won’t cover all of your current and future damages.
Contact a Rideshare Accident Attorney in Virginia
Pursuing compensation for your medical expenses, property damage, lost income, and other damages can be difficult. In rideshare accident cases, multiple insurance companies and at-fault drivers may be involved. If you’ve been injured in an Uber or Lyft accident, you don’t have to go through the process of recovering compensation alone. The attorneys at Surovell Isaacs & Levy PLC are here to help. Don’t hesitate to contact Surovell Isaacs & Levy PLC to schedule a case evaluation with a skilled rideshare accident attorney in Fairfax, Virginia.