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Understanding Your Rights After an Uber Accident

Uber accident lawyer in Richmond

At The Johnson Injury Firm, our attorneys, Connor Johnson and J. Penn Crawford, have handled complex Uber accident cases across Virginia. As experienced car accident lawyers in Richmond, we have seen firsthand how these collisions differ from traditional auto accidents. When a rideshare crash happens, victims face unique legal and insurance challenges that require a precise strategy.

If you are a passenger, another driver, a cyclist, or a pedestrian injured in an Uber-related collision, our knowledge as Richmond rideshare accident attorneys allows us to guide you through the process. We understand Virginia’s strict contributory negligence law, the insurance tiers that apply to Uber drivers, and how to secure full and fair compensation for your losses.

Why Uber Accidents Differ from Standard Car Crashes

Independent Contractor Status Complicates Liability

car accident lawyer in Richmond

Uber drivers are independent contractors, not employees. This means Uber may try to avoid direct liability for accidents, pushing claims toward the driver’s personal insurance.

Contributory Negligence in Virginia

Virginia follows a pure contributory negligence rule. If you are found even one percent at fault, you cannot recover damages. As your accident lawyer in Virginia, we work to protect your case from strategies insurers use to allege partial fault.

Understanding Uber’s Insurance Coverage in Virginia

Virginia Code § 46.2-2099.52 outlines the insurance Uber must carry, with coverage amounts depending on the driver’s status at the time of the crash.

Tier 1: App Off – No Uber Coverage

If the driver is not logged into the Uber app, their personal auto insurance applies, and Uber has no responsibility.

Tier 2: App On, No Ride Accepted

When the driver is logged in but has not accepted a ride, Uber must provide contingent liability coverage:

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

This applies only if the driver’s personal policy is insufficient.

Tier 3: Ride Accepted or Passenger Onboard

Once a ride is accepted or a passenger is in the vehicle, Uber provides:

  • $1 million in liability coverage
  • Uninsured/underinsured motorist coverage
  • Contingent collision and comprehensive coverage

This coverage remains in effect until the passenger exits the vehicle.

How Common Are Uber Accidents?

While Uber promotes safety, rideshare accidents are not rare. Uber’s 2019–2020 U.S. Safety Report found fatal crashes at a rate of 0.62 per million vehicle miles traveled. Additionally, research from the University of Chicago suggests that the introduction of rideshare services correlates with a 2–4 percent increase in fatal traffic accidents nationwide.

These statistics underscore the importance of having a skilled Uber wreck lawyer in Richmond, VA, if you are injured.

Steps to Take Immediately After an Uber Accident

1. Seek Medical Attention

Get evaluated even if you feel fine. Injuries like whiplash or internal trauma may appear hours or days later, and medical documentation is critical to your case.

2. Call Law Enforcement

Virginia law requires reporting accidents involving injury, death, or significant property damage. A police report will serve as valuable evidence.

3. Gather Evidence

Take photos of the scene, vehicle damage, visible injuries, and road conditions. Collect driver and witness information.

4. Report the Accident to Uber

Notify Uber through the app, but avoid giving detailed statements until you speak with your attorney.

5. Contact Our Firm Immediately

As your auto accident lawyer in Richmond, we will preserve evidence, communicate with insurers, and help you avoid costly mistakes.

Why Contributory Negligence Makes Your Case Risky

Under Virginia’s contributory negligence standard, a simple admission such as “I may have been looking at my phone” could void your claim entirely. We train our clients to avoid statements that could be misinterpreted as partial fault.

Proving Fault in an Uber Accident

To hold another party accountable, we must prove negligence. Common factors include:

  • Distracted driving (phone use, GPS navigation)
  • Fatigue from long shifts
  • Speeding or reckless driving
  • Failure to yield or improper lane changes
  • Vehicle defects or poor maintenance

We gather and analyze evidence such as trip data from the Uber app, dashcam footage, vehicle inspection records, and witness testimony.

Damages You May Recover

As Richmond rideshare accident attorneys, we pursue full compensation for:

  • Past and future medical expenses
  • Lost wages and diminished earning potential
  • Pain and suffering
  • Emotional distress
  • Disability-related costs, such as home modifications or mobility aids

Navigating Multiple Layers of Insurance

An Uber accident can involve several overlapping insurance policies:

  • Uber’s commercial policy
  • The driver’s personal policy
  • Other drivers’ liability policies
  • Your own uninsured/underinsured motorist coverage

We identify every available source of recovery and pursue claims against all responsible parties.

Why Legal Representation Matters

Uber accidents require a precise understanding of both state law and rideshare company policies. Without representation, victims risk:

  • Undervaluing claims
  • Missing statutory deadlines
  • Saying something to an adjuster that triggers contributory negligence

Our experience allows us to anticipate these pitfalls and counter them effectively.

Hypothetical Case Example

Jenny was a passenger in an Uber when another driver ran a red light and collided with her vehicle. Because her driver had accepted the ride, Uber’s $1 million policy applied. The other driver’s insurer also shared liability. 

Through strategic negotiations, we secured compensation covering her medical expenses, lost income, and pain and suffering. Without legal help, Jenny might have been pressured into accepting a low settlement.

Summary Table of Coverage

Driver Status Primary Insurance Coverage Uber Coverage Available
App Off Driver’s personal policy None
App On, No Ride Accepted Driver’s policy + Uber contingent ($50k/$100k BI, $25k PD) If personal policy insufficient
Ride Accepted/Passenger Driver’s policy + Uber $1 million commercial coverage Yes, until passenger exits

 

Frequently Asked Questions About Uber Accidents in Richmond

How long do I have to file an Uber accident claim in Virginia?

Rideshare accident attorney in Richmond

Under Virginia Code § 8.01-243, you generally have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline can bar your claim entirely.

Who is responsible if an Uber driver causes an accident while off duty?

If the driver’s Uber app is off, only their personal auto insurance applies. Uber’s policies do not cover off-duty accidents.

What if I was partially at fault for the Uber accident?

Virginia’s contributory negligence law means that if you are even one percent at fault, you cannot recover compensation. This makes it critical to have a skilled Richmond rideshare accident attorney manage your communications and case strategy.

Can I sue Uber directly for my injuries?

In most cases, Uber’s liability is limited by the driver’s status and the company’s classification of drivers as independent contractors. Direct lawsuits against Uber are complex and typically focus on negligence in hiring, retention, or app safety features.

Does Uber’s $1 million policy cover hit-and-run accidents?

Yes. If the driver was in “passenger mode” and another vehicle caused the crash but leaves the scene, Uber’s uninsured/underinsured motorist coverage may apply.

Will my health insurance cover my medical bills after an Uber accident?

Your health insurance may cover initial treatment, but we work to ensure that Uber’s policy or other liable insurers reimburse you for those expenses.

What if I were an Uber driver injured in a crash?

You may be eligible for Uber’s contingent collision coverage and potentially workers’ compensation alternatives, depending on the facts. We also help drivers navigate these claims.

Richmond, Virginia Resources for Uber Accident Victims

If you have been involved in an Uber accident in Richmond, these local resources may be useful:

Hospitals and Medical Centers
• VCU Medical Center — 1250 E Marshall St, Richmond, VA 23298
• Bon Secours St. Mary’s Hospital — 5801 Bremo Rd, Richmond, VA 23226
• Chippenham Hospital — 7101 Jahnke Rd, Richmond, VA 23225

Police
• Richmond Police Department — Non-emergency: (804) 646-5100
• Virginia State Police, Division I — 7700 Midlothian Turnpike (Richmond area)

Courts
• Richmond General District Court (John Marshall Courts Building) — 400 N 9th St, Richmond, VA 23219

Uber Support
• In-app Help (riders and drivers)
• help.uber.com (check for any current in-person Greenlight options)

We Fight for You

If you or someone you love has been hurt in a rideshare collision, you need guidance from a firm that understands Virginia’s contributory negligence rules and Uber’s insurance framework. As your car accident lawyers in Richmond, we will protect your rights, investigate every aspect of your claim, and pursue maximum compensation. 

Contact The Johnson Injury Firm today to speak with an experienced Uber wreck lawyer in Richmond, VA, and take the first step toward recovery.

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