Rideshare Accidents in Virginia: Your Complete Legal Guide to Uber and Lyft Crash Claims

Originally posted on May 9, 2020 | Substantially updated by Robert Byrne on January 3, 2026

Imagine this: You’re heading home after a night out in Richmond. Instead of driving, you made the smart choice — you booked an Uber. But as your driver merges onto I-64, another vehicle slams into your rideshare car. In seconds, your safe ride home becomes a crash scene.

You did everything right. So why are you the one dealing with injuries, medical bills, and confusion about who’s responsible?

If you’ve been hurt in a rideshare accident in Virginia, you’re not alone — and you’re not without options. Our catastrophic injury lawyers at MartinWren, P.C. have helped many clients navigate the complex world of rideshare accident claims. Here’s everything you need to know to protect your rights.

The Rise of Rideshare Accidents in Virginia

Uber and Lyft have transformed how Virginians get around. From college students in Charlottesville to professionals in Richmond and Fairfax and Northern Virginia, millions of residents now rely on rideshare services instead of personal vehicles or taxis.

But with this convenience comes risk.

Virginia Rideshare Accident Trends

While comprehensive statewide data on rideshare-specific crashes remains limited, national trends paint a concerning picture:

• Studies show rideshare vehicles are involved in approximately 3% of all traffic accidents — a significant figure given that rideshare trips represent a smaller percentage of total vehicle miles traveled
• Urban areas see the highest concentration of rideshare crashes, with Richmond, Virginia Beach, and Fairfax and Northern Virginia leading the state
• Weekend nights between 10 PM and 2 AM account for a disproportionate share of serious rideshare accidents, often involving impaired third-party drivers
• Interstate corridors like I-95, I-64, and I-495 see frequent rideshare accidents during rush hour and holiday travel periods

For a legal consultation with a personal injury lawyer, call (434) 817-3100

Why Richmond Sees High Rideshare Accident Rates

Richmond’s unique traffic patterns make it a hotspot for rideshare crashes:

High-Volume Corridors

• I-95 through Richmond carries over 150,000 vehicles daily, creating dangerous merging scenarios for rideshare drivers picking up or dropping off passengers near exits
• I-64 sees heavy rideshare traffic between Short Pump and downtown Richmond, particularly during evening commutes
• The Bryan Park Interchange where I-95 and I-64 meet is one of Virginia’s most dangerous intersections — and a common rideshare route

Urban Density Challenges

• Broad Street experiences constant rideshare pickups and drop-offs, with drivers making sudden stops or lane changes
• VCU area sees high pedestrian and rideshare traffic, increasing accident risk
• Shockoe Bottom and Scott’s Addition bar districts generate heavy rideshare volume on weekend nights

Distracted Rideshare Drivers Unlike taxi drivers who use fixed meters and dispatch systems, Uber and Lyft drivers constantly interact with smartphone apps. They check for new ride requests, follow GPS directions, and communicate with passengers. This screen time increases distraction-related crashes.

Why Rideshare Accidents Are Different from Regular Car Crashes

Most people assume a rideshare accident works just like any other car crash. It doesn’t.

When you’re injured as a passenger in an Uber or Lyft, multiple insurance policies may be in play — and figuring out which one applies depends on what the driver was doing at the exact moment of the crash.

The Three Phases of Rideshare Insurance Coverage

Understanding these phases is critical to recovering full compensation. Va. Code § 46.2-2099.52 sets forth the insurance requirements for rideshare companies.

Before Starting: App Off

If your driver wasn’t logged into the Uber or Lyft app, their personal auto insurance applies. Rideshare companies provide zero coverage.

Real-world scenario: Your Uber driver finishes dropping off a passenger in Carytown, logs out of the app, and decides to grab lunch. On the way to the restaurant, they cause a crash. You’d be limited to the driver’s personal policy — which might be state minimum coverage of just $50,000.

Phase 1: App On, Waiting for a Ride Request

Your driver is logged in but hasn’t accepted a ride yet. Uber and Lyft provide limited liability coverage (typically $50,000 per person, $100,000 per accident).

Real-world scenario: An Uber driver is cruising near the Downtown Mall in Charlottesville looking for ride requests. They’re distracted by the app and rear-end you at a red light. The rideshare company’s contingent coverage applies — but only after the driver’s personal policy is exhausted (and many personal policies explicitly exclude rideshare activities).

Phase 2: Ride Accepted and Going to Pickup

While en route to pick up a passenger after a ride has been accepted, the rideshare’s full $1 million liability policy applies.

Phase 3: Passenger in the Car

When you’re in the vehicle, Uber and Lyft’s $1 million liability policy applies. This is the highest coverage phase and includes:

• $1 million in third-party liability coverage
• Uninsured/underinsured motorist coverage (in states that require it)
• Contingent comprehensive and collision coverage (for damage to the rideshare vehicle)

Real-world scenario: You’re in the back seat of a Lyft heading from Scott’s Addition to your home in the Fan. Another driver runs a red light and T-bones your vehicle. Lyft’s $1 million policy applies, giving you substantial coverage for your injuries.

Here’s the problem: Insurance companies will fight over which phase applies — and which policy pays. That’s where having an experienced Virginia personal injury attorney becomes critical.

How Rideshare Insurance Differs from Taxi Coverage

Traditional taxi companies maintain commercial insurance policies that cover their vehicles and drivers 24/7. There’s no “app on/off” complexity.

Rideshare drivers, classified as independent contractors, create insurance gaps that didn’t exist in the taxi era. Your rights depend entirely on precise timing. This is something that requires thorough investigation and often expert testimony.

Who’s Liable in a Virginia Rideshare Accident?

As a passenger, you’re almost never at fault. But determining who is requires investigation.

Common Liable Parties Include:

1. The Rideshare Driver

   Your Uber or Lyft driver may be liable if they breach a legal duty. In other words, if they violate a “rule of the road,” they can be at fault. That might occur if they:

• Were speeding or driving recklessly
• Ran a red light or stop sign
• Were texting or distracted by the rideshare app
• Were driving under the influence
• Failed to maintain proper control of the vehicle
• Violated Virginia traffic laws

2. Another Driver

   A third-party vehicle may have caused the crash through:

• Drunk or impaired driving
• Running a red light or stop sign
• Unsafe lane changes or merging
• Tailgating or aggressive driving
• Distracted driving (texting, eating, etc.)

3. The Rideshare Company

   While Uber and Lyft claim their drivers are independent contractors, potential company liability exists for:

• Vicarious liability (for the acts of an agent/employee driver)
• Negligent hiring (failing to conduct proper background checks), which are required pursuant to Va. Code § 46.2-2099.49.
• Defective app design that encourages distracted driving
• Failure to maintain adequate insurance coverage

4. A Vehicle or Parts Manufacturer

   Product liability claims against the vehicles in use may arise from:

• Defective brakes or steering systems
• Faulty airbags that failed to deploy
• Tire blowouts due to manufacturing defects
• Seatbelt failures

5. A Government Contractor

   A road contractor for Virginia municipalities may be liable if:

• Poor road design contributed to the crash
• Inadequate signage or traffic signals created hazardous conditions
• Potholes or road defects caused the accident
• Construction zones lacked proper warnings

6. A Rideshare Vehicle Owner

   Some drivers use rental cars or vehicles they don’t own. The vehicle owner’s insurance may apply depending on the rental agreement and Virginia law.

Your takeaway: Don’t assume the rideshare driver is the only option for compensation. A thorough investigation can uncover multiple sources of recovery.

Click to contact personal injury lawyers today

Common Types of Rideshare Accidents in Virginia

Understanding how these crashes happen helps you recognize liability patterns and preserve critical evidence.

1. Rear-End Collisions

How they happen:
Rideshare drivers frequently make sudden stops for passenger pickups or drop-offs, often without adequate warning. Other drivers following too closely can’t stop in time.

Common locations in Richmond:
Broad Street, Cary Street, Main Street Station area

Key evidence:
Traffic camera footage, dash cam footage, witness statements, brake light functionality

Injuries typically seen:
Whiplash, soft tissue injuries, traumatic brain injuries from head striking headrest or window

2. T-Bone/Intersection Crashes

How they happen:
A rideshare driver or another vehicle runs a red light or fails to yield right-of-way at an intersection.

Common locations in Richmond:
Boulevard and Broad Street, Belvidere and Broad Street,

Key evidence:
Traffic light camera footage, intersection design analysis, signal timing records, witness statements

Injuries typically seen:
Broken ribs, internal injuries, pelvic fractures, spinal cord damage

3. Highway Merging Accidents

How they happen:
Rideshare drivers merge onto or exit from highways while distracted by GPS directions or the rideshare app, failing to check blind spots or yield to faster traffic.

Common locations in Richmond:
I-95 merge points, I-64 exits, Powhite Parkway entrance ramps, the Bryan Park Interchange

Key evidence:
Highway camera footage, app usage logs, black box data from vehicles

Injuries typically seen:
Multi-system trauma, head injuries, broken bones

4. Distracted Driving Crashes

How they happen:
Rideshare drivers check the app for new ride requests, adjust GPS settings, or respond to passenger messages while driving.

Common locations:
Any high-volume rideshare area, particularly during peak hours

Key evidence:
Cell phone records, app usage data, dash cam footage

Injuries typically seen:
Variable depending on crash type — can range from minor to catastrophic

5. Drunk Driver Collisions

How they happen:
An impaired third-party driver strikes a rideshare vehicle. Ironically, many rideshare passengers are using the service specifically to avoid drunk driving.

Common locations in Richmond:
Near Shockoe Bottom bars, Scott’s Addition breweries, Short Pump restaurant districts

Peak times:
Friday and Saturday nights, 11 PM – 3 AM

Key evidence:
Police reports documenting DUI, toxicology results, bar receipts

Injuries typically seen:
Often severe due to high-speed impacts — TBI, spinal cord injuries, wrongful death

6. Pedestrian Strikes

How they happen:
A rideshare driver strikes a pedestrian while distracted or making an unsafe pickup/drop-off maneuver.

Common locations in Richmond:
VCU campus area, Carytown, downtown crosswalks

Key evidence:
Surveillance footage from nearby businesses, crosswalk signal timing, pedestrian right-of-way analysis

Injuries typically seen:
Catastrophic — broken bones, internal injuries, TBI, wrongful death

7. Multi-Vehicle Pileups

How they happen:
Chain-reaction crashes on highways, often involving a rideshare vehicle either as the initial cause or as a victim caught in the sequence.

Common locations in Richmond:
I-95 during rush hour, I-64 in fog or rain, Bryan Park Interchange during high traffic

Key evidence:
Police accident reconstruction, multiple witness statements, traffic pattern analysis

Injuries typically seen:
Variable — can affect multiple passengers and result in complex multi-party claims

What to Do Immediately After a Rideshare Accident in Virginia

The moments after a crash are chaotic. But the steps you take now can make or break your claim.

Your Post-Accident Checklist:

1. Get Medical Attention Right Away

   Even if you feel “fine,” adrenaline can mask injuries like traumatic brain injuries (TBI), whiplash, or internal bleeding.

Why this matters:

• Many TBI symptoms don’t appear for hours or days (learn the warning signs here)
• Insurance companies will claim you weren’t really hurt if you delayed treatment
• Virginia law requires you to prove your injuries — medical records are your evidence

Action step: See a doctor within 24 hours — and tell them you were in a rideshare accident. If you experience headaches, confusion, neck pain, or any unusual symptoms, go to the ER immediately.

2. Document Everything

Take photos of:

• The accident scene from multiple angles
• All vehicle damage (the rideshare car and any other vehicles)
• Your visible injuries
• Road conditions, skid marks, traffic signals
• License plates of all vehicles involved

Screenshot your rideshare receipt:
This is critical evidence showing:

• The driver’s name and license plate
• Your exact route and pickup/drop-off locations
• Time of the ride
• Whether you were an active passenger (Phase 3 coverage)

Get contact information from:

• The rideshare driver
• Any other drivers involved
• Witnesses who saw the crash
• Responding police officers (get the report number)

3. Report the Crash

Call 911:
Even for “minor” crashes, you need an official police report. This creates an independent record of when and where the accident occurred, the officer’s observations about witnesses and the crash scene, and road and weather conditions.

Report to Uber/Lyft:
Use the app to report the accident, but be careful:

• Stick to basic facts (date, time, location)
• Don’t give detailed statements about your injuries yet — you may not know the full extent
• Don’t accept any settlement offers through the app
• Don’t agree to recorded statements

Notify your own insurance:
Even though you weren’t driving, your personal auto policy or health insurance may provide coverage. Tell them you were a passenger in a rideshare accident.

4. Preserve Critical Evidence

Keep everything:

• All medical records and bills
• Prescription receipts
• Physical therapy records
• Lost wage documentation from your employer
• The rideshare receipt and ride history

Don’t delete anything:

• Keep the Uber/Lyft app installed
• Don’t delete ride history
• Preserve text messages with the driver
• Save any app notifications about the ride

Avoid social media:
Insurance companies will check your Facebook, Instagram, and Twitter. They’ll use photos of you smiling at a family gathering to claim you’re not really injured.

What not to post:

• “I’m okay!” (even if you’re trying to reassure family)
• Photos of physical activities
• Check-ins at gyms, restaurants, or events
• Any discussion of the accident or your claim

5. Contact a Virginia Personal Injury Attorney

Why you can’t wait:

• Evidence disappears (security footage is often deleted after 30-90 days)
• Witnesses forget details
• Insurance companies start building their defense immediately
• Virginia’s contributory negligence law means one mistake can destroy your claim

What we do for you:

• Send preservation letters to Uber/Lyft demanding they save all evidence
• Obtain the rideshare driver’s full history and app usage data
• Identify all applicable insurance policies
• Handle all communication with adjusters
• Protect you from saying something that could hurt your claim

Before you sign anything or give a statement, call us for a free consultation.

Complete a Case Evaluation form now

Common Injuries in Rideshare Accidents

Rideshare passengers are uniquely vulnerable. You’re not driving, so you can’t brace for impact. You’re often in the back seat, where certain collision forces hit harder. You have no control over the driver’s decisions.

Injuries We See Most Often:

1. Traumatic Brain Injuries (TBI)

How they occur in rideshare crashes:
Your head strikes the window, headrest, or front seat during impact. Even without visible wounds, your brain can suffer concussion or more serious damage.

Symptoms to watch for:

• Headaches or pressure in the head
• Confusion or feeling “foggy”
• Memory problems
• Dizziness or balance issues
• Nausea or vomiting
• Sensitivity to light or noise
• Mood changes or irritability

Read our complete guide to concussion symptoms and recovery

Long-term complications:
TBI can cause permanent cognitive deficits, personality changes, chronic headaches, and increased risk of early-onset dementia. Many victims can’t return to their previous jobs.

Learn more about traumatic brain injury claims in Virginia

Depending on the severity of the injury, the circumstances of the crash, and the impact the TBI has on your life, TBI claims can range in value from low five figures to many millions of dollars.

2. Spinal Cord Injuries

How they occur in rideshare crashes:
High-impact collisions can fracture vertebrae or damage the spinal cord, particularly in T-bone crashes or rear-end collisions with severe whiplash.

Types of spinal injuries:

• Herniated or bulging discs
• Fractured vertebrae
• Spinal cord compression
• Partial or complete paralysis (paraplegia or quadriplegia)

Long-term impact:
Spinal cord injuries often require lifetime medical care, modifications to your home and vehicle, mobility equipment, and attendant care services.

Read our guide to spinal cord injury cases in Virginia

Herniated disc cases can be very large cases. Factors that influence value are the extent of pre-existing injuries, whether the injury required surgery, and whether the spinal cord is impinged following a crash. We have handled bulging disc cases worth many millions of dollars.

3. Broken Bones and Fractures

Common fracture sites in rideshare passengers:

• Legs and knees (impact with front seat)
• Ribs (from seatbelt force)
• Wrists and arms (bracing for impact)
• Facial bones (impact with seat or window)
• Pelvis (side-impact collisions)
• Vertebrae with compression fractures

Complications:
Broken bones can require surgery, leave permanent hardware in your body, cause chronic pain, and limit your mobility for life.

Cases with fractured bones can range in value from five-figure cases into the millions, depending on the extent of the injuries and the recovery from the injuries.

4. Whiplash and Soft Tissue Injuries

Don’t dismiss neck pain as “just whiplash.” These can be serious and painful injuries.

Common soft tissue injuries:

• Cervical spine strain
• Muscle tears in neck and back
• Ligament damage
• Rotator cuff tears

Why these injuries are serious:
Soft tissue damage can cause chronic pain for years, require ongoing physical therapy, and prevent you from working in physical jobs. Some injuries, like torn ligaments, never fully recover without surgery, and that can cause debilitating injuries.

Insurance company tactics:
Adjusters love to minimize soft tissue injuries as “minor sprains.” They’ll offer $5,000-$10,000 settlements for injuries that actually require months of treatment and a lifetime of injuries.

5. Internal Injuries

How they occur:
Blunt force trauma from seatbelts, airbags, or impact with vehicle interior can damage internal organs. These can be extremely serious and even cause wrongful death.

Common internal injuries:

• Liver lacerations
• Spleen damage
• Kidney injuries
• Internal bleeding
• Lung contusions

Internal injuries are particularly dangerous because they may not be immediately apparent. You can have life-threatening internal bleeding without visible external wounds. These cases typically require hospitalization and intense medical treatment and surgeries, which makes these expensive cases for the insurance company to resolve.

6. Psychological Trauma

PTSD, anxiety, and fear of driving are real — and compensable — injuries.

Common psychological effects following a violent car crash can include:

• Post-traumatic stress disorder (PTSD)
• Anxiety or panic attacks when riding in vehicles
• Depression following serious injuries
• Fear of rideshare services or driving generally

How we prove psychological injuries:
Treatment records from therapists or psychiatrists, testimony about how the trauma affects your daily life, and expert psychiatric or psychological evaluation.

Juries recognize the value of psychological and emotional injuries, though insurance companies will tend to undervalue them.

How Rideshare Companies Try to Avoid Paying Your Claim

Uber and Lyft aren’t on your side. They’re multi-billion-dollar companies with teams of lawyers whose job is to minimize payouts.

Their Favorite Tactics:

1. “Our Driver Is an Independent Contractor”

What they claim:
Rideshare companies try to dodge liability by claiming their drivers aren’t employees. They will claim that the law does not obligate them to pay for the mistakes of non-employees. They argue they’re just a “technology platform” connecting riders with independent drivers.

The truth:
The rideshare companies are taking too narrow of a view of how “agency” law works. Those rideshare companies are raising a very technical defense that usually arises in wage and hour law, and it does not really deal with all of the parameters of the relationship between these companies and their drivers. It doesn’t mean they’re off the hook for your injuries — especially if their $1 million policy applies during Phase 3.

How we respond:
We pursue the rideshare company’s insurance policy directly and, in appropriate cases, argue that the company’s level of control over drivers makes those drivers their “agents” for purposes of the law.

2. “You Signed Our Terms of Service”

What they claim:
Buried in the app’s fine print is often an arbitration clause that tries to block your right to sue. They claim you agreed to resolve all disputes through private arbitration instead of court.

The truth:
Uber has had success enforcing arbitration provisions in Virginia personal injury cases, even for serious injuries. Even worse, Uber has successfully argued that arbitration provisions in the Uber Eats app will govern users of the Uber transport app who sue for injuries.

How we respond:
We challenge arbitration clauses as unconscionable contracts of adhesion, particularly when they attempt to limit damages for catastrophic injuries. These provisions continue to be hotly contested.

3. “You’re Exaggerating Your Injuries”

What they do:
They’ll hire private investigators to follow and film you, review your social media accounts, and use any evidence of normal activity to claim you’re faking.

Their surveillance tactics:

• Video you doing yard work, walking your dog, or playing with your kids
• Screenshot every Facebook post, Instagram photo, or tweet
• Interview your neighbors about your activities
• Review your fitness tracker or smartphone health data
• Pull your employment records looking for prior injury claims

How we respond:
We prepare you for surveillance, document the true scope of your limitations, and obtain expert testimony explaining why normal daily activities don’t prove you’re not injured.

This is why documentation is everything — consistent medical treatment, honest reporting of symptoms, and avoiding social media posts that can be misinterpreted.

4. “We’ll Settle Fast for $5,000”

What they offer:
Quick settlement offers designed to close your case before you know the full extent of your injuries. They’ll pressure you to accept within days of the crash.

Why it’s a trap:

• Many injuries don’t fully manifest for weeks or months
• You may need surgery you don’t know about yet
• Once you sign a release, you can’t go back for more money — even if you discover you need $100,000 in future medical care

Real example:
A client came to us after accepting a $7,500 settlement for “minor whiplash.” Two months later, they needed cervical fusion surgery costing $125,000. They couldn’t reopen their claim — they’d already signed away their rights.

How we respond:
We tell insurance companies our clients won’t discuss settlement until they’ve reached maximum medical improvement. That’s the point where doctors know the full extent of injuries and future needs.

5. “Phase 2 Coverage Applies, Not Phase 3”

What they claim:
Uber or Lyft argues their driver hadn’t actually accepted the ride request yet, so only limited contingent coverage applies instead of the full $1 million policy.

The dispute:
These timing disputes are common. Did the crash happen:

• Before the driver accepted your ride? (Phase 2)
• After acceptance but before pickup? (Phase 3)
• While you were in the vehicle? (Clearly Phase 3)

How we respond:
We obtain app data, GPS records, and ride receipts to prove exactly what phase the driver was in at the moment of impact. We also pursue the driver’s personal policy and other liable parties to ensure full coverage.

6. “You Had a Pre-Existing Condition”

What they claim:
You had back pain before the crash, so the accident didn’t really injure you — it just aggravated an existing problem.

The truth:
Virginia law allows recovery for aggravation of pre-existing conditions. If you had mild occasional back pain, but the crash turned it into chronic debilitating pain requiring surgery, you’re entitled to compensation for the worsening.

How we respond:
We obtain your prior medical records to establish your baseline condition, then prove the crash significantly worsened your symptoms. Expert testimony from your treating physicians is critical.

Don’t fall for any of these tactics. Let an experienced personal injury lawyer handle the insurance companies while you focus on healing.

Special Rideshare Accident Scenarios

Certain rideshare accident situations create unique legal issues that require specialized handling.

Accidents Involving Drunk Rideshare Drivers

Can a rideshare driver be intoxicated?
Yes — though Uber and Lyft prohibit it, drivers sometimes violate company policy.

Your legal options:

• Pursue the driver’s personal insurance
• File a claim against Uber/Lyft’s policy
• Pursue punitive damages against the driver personally
• Report the driver to Virginia DMV and local authorities
• File complaints with Uber/Lyft for negligent retention

Additional compensation:
Virginia allows punitive damages for drunk driving crashes — additional money designed to punish the driver beyond compensating you for injuries.

Crashes During “Deadhead” Periods

What is deadhead time?
When a driver has accepted your ride request and is driving to pick you up, but you’re not in the vehicle yet.

Insurance coverage:
Phase 3 coverage applies — Uber and Lyft’s $1 million policy is active even though you’re not physically in the car.

Common scenarios:

• Driver crashes while en route to pick you up
• Driver strikes a pedestrian while navigating to your location
• Another vehicle hits the rideshare car before you get in

Important: Save your ride receipt showing the driver accepted your request before the crash.

Accidents in Rental or Borrowed Vehicles

The issue:
Some rideshare drivers use rental cars or vehicles they don’t own.

Insurance complications:

• Rental car company policies may apply
• Vehicle owner’s insurance may be primary
• Rideshare coverage may be secondary or contingent

How we handle it:
We investigate vehicle ownership, rental agreements, and all applicable policies to identify every coverage source.

Hit-and-Run Rideshare Accidents

What if the at-fault driver flees?

Your options:

• Pursue Uber/Lyft’s uninsured motorist coverage (if the rideshare driver wasn’t at fault)
• Use your own uninsured motorist coverage
• File a Virginia Uninsured Motor Vehicle Fund claim (if you have no other coverage)

Critical step: Report the hit-and-run to police immediately and obtain a report — required for uninsured motorist claims.

Uber Pool and Lyft Line Accidents (Shared Rides)

The complication:
Multiple passengers share the vehicle. If everyone is injured, Uber and Lyft’s $1 million policy must be divided among all claimants.

How compensation works:

• Each injured passenger has a separate claim
• The $1 million is the total available for all bodily injury claims
• First to settle doesn’t necessarily get more — Virginia law requires equitable distribution
• You may need to pursue other liable parties if rideshare coverage is insufficient

Strategy: Don’t rush to settle if multiple passengers were seriously injured — you may need to wait for full evaluation of all claims.

Rideshare Accidents Involving Children

Can children ride in Uber or Lyft?
Yes, but Virginia law requires proper car seats or booster seats for children under 8 years old. Rideshare companies don’t provide car seats — parents must supply them.

What if your child was injured:

• Standard rideshare insurance applies
• Additional damages for a child’s pain, suffering, and future impacts
• Potential claims for parental trauma witnessing the child’s injuries
• Life care planning for catastrophic pediatric injuries

Special consideration: Children’s settlement claims in Virginia require court approval to ensure the settlement is in the child’s best interest.

Virginia’s Statute of Limitations for Rideshare Accidents

You have TWO YEARS from the date of the accident to file a lawsuit in Virginia. Even if your case must proceed in arbitration, you must take action within the first 24 months after your crash. Va. Code § 8.01-243.

What Happens If You Miss the Deadline?

Your case is gone forever. Virginia courts have no sympathy — even one day late and you lose your right to compensation. Limited exceptions may exist, such as for minors (clock doesn’t start until they turn 18).

Don’t Wait — Act Now

While you have two years to file a lawsuit, you shouldn’t wait anywhere close to that long.

Evidence disappears:

• Security camera footage is deleted after 30-90 days
• Witnesses move or forget details
• Physical evidence is destroyed
• App data may be purged

Your memory fades:
The details you remember vividly today will be hazy in six months.

Insurance companies stall:
They know time pressure works in their favor — the closer you get to the deadline, the more desperate you become.

Medical treatment delays hurt your case. Gaps in treatment let insurance companies claim you weren’t really injured.

Special Rules for Government Claims

If a Virginia government entity contributed to your crash (bad road design, malfunctioning traffic signal, etc.), you must give written notice within six months of the accident.

This is much shorter than the normal two-year deadline and requires specific legal language. Miss it and you lose the right to sue the government entity.

Frequently Asked Questions About Rideshare Accidents in Virginia

Can I sue Uber or Lyft directly?

Depending on the facts of your case, you may have a claim against the company itself. You can expect, however, that these companies will aggressively seek to enforce their arbitration agreements. Claims directly against Uber or Lyft may be possible for:

• Vicarious liability (the company is responsible for acts of their agent)
• Negligent hiring (failing to conduct proper background checks)
• Negligent retention (keeping drivers with dangerous histories)
• Defective app design encouraging distracted driving
• Failure to maintain adequate insurance coverage

These cases of direct negligence are difficult. Some of these claims require proving the company knew or should have known about specific risks.

What if the rideshare driver was drunk or on drugs?

You can pursue:

1. The driver’s personal insurance
2. Uber/Lyft’s $1 million policy
3. Punitive damages against the driver personally (to punish egregious conduct)
4. Complaints to Virginia DMV, police, and the rideshare company

Report the impaired driver to authorities immediately — this creates critical evidence for your claim.

Do I have to use the rideshare company’s insurance?

Not necessarily. Depending on who caused the crash, you might file claims against:

• Another driver’s insurance (if a third party caused the crash)
• Your own uninsured/underinsured motorist coverage
• The rideshare driver’s personal policy
• The rideshare company’s policy
• Multiple policies simultaneously

An experienced attorney identifies all coverage sources and pursues them strategically.

How long do I have to file a rideshare accident claim in Virginia?

Two years from the date of the accident to file a lawsuit. However, government claims require notice within six months, and you shouldn’t wait anywhere close to the deadline because evidence disappears.

What if I was using Uber Pool or Lyft Line?

The same insurance rules apply, but Uber and Lyft’s $1 million policy must be shared among all injured passengers in the vehicle. This may require:

• Coordinating with other passengers’ attorneys
• Pursuing additional liable parties
• Waiting for fair allocation of settlement funds

Don’t rush to settle if multiple passengers were seriously injured.

Can I still recover compensation if I wasn’t wearing a seatbelt?

Yes. Pursuant to Va. Code § 46.2-1094(D), nonuse of a seatbelt cannot be used as evidence of negligence or for mitigation of damages.

What if the rideshare driver’s personal insurance denies my claim?

This is common — most personal auto policies exclude coverage when the vehicle is used for commercial purposes like ridesharing.

That’s actually good news because it means Uber or Lyft’s higher-limit commercial policy becomes primary. We pursue the rideshare company’s coverage instead.

Will my rideshare accident claim go to trial?

Again, you can expect your case against Uber or Lyft to end up in arbitration. But even if your case proceeds to litigation, please understand that most cases, approximately 90-95%, settle before trial.

However, you should hire an attorney who is prepared to try your case. Insurance companies only offer fair settlements when they know you’re ready to go to trial if necessary.

At MartinWren, P.C., we prepare every case for trial from day one — which is why we consistently achieve strong settlement results.

How much does it cost to hire a rideshare accident attorney?

At MartinWren, P.C., we work on a contingency fee basis — you pay nothing unless we recover compensation for you.

Here’s how it works:

• No upfront fees or retainer
• No hourly billing
• We advance all case costs (expert fees, court costs, investigation expenses)
• We only get paid if you get paid
• Our fee is a percentage of your recovery (typically 33-40% depending on case complexity)

This means:

• You can afford top-tier legal representation regardless of your financial situation
• We’re motivated to maximize your recovery
• You risk nothing by hiring us

Can I switch attorneys if I’m unhappy with my current lawyer?

Yes. You have the right to change attorneys at any time.

We’ve taken over many accident cases from other firms where:

• The previous attorney wasn’t returning calls
• The case wasn’t being actively worked
• Settlement offers were unreasonably low
• The attorney lacked rideshare accident experience

If you’re unhappy with your current representation, call us for a free second opinion.

What if I was partially at fault for the accident?

This can be extremely problematic in Virginia due to our contributory negligence law.

The defense will argue that even 1% fault bars all recovery — which is why you need an attorney experienced in Virginia’s harsh standard.

However: As a passenger, you’re almost never at fault. Defense claims that you “distracted the driver” or “should have warned them” rarely succeed when properly defended against.

Will I have to go to court?

Maybe, but probably not. Your case against a rideshare company will most likely end up in arbitration.

In the event your case does go to court and your case settles, you won’t need to go to court except possibly for a brief settlement approval hearing (required in some cases).

If your case goes to trial, yes — you’ll need to testify about the accident and your injuries. We prepare you thoroughly for deposition and trial testimony.

How do I know if I have a valid rideshare accident claim?

You likely have a claim if:

• You were injured as a passenger in an Uber, Lyft, or other rideshare vehicle
• Another driver’s negligence caused the crash
• OR the rideshare driver’s negligence caused the crash
• You have documented injuries and medical treatment
• You’re within Virginia’s two-year statute of limitations

The only way to know for sure is to speak with an experienced Virginia rideshare accident attorney.

We offer free, no-obligation consultations where we:

• Review the facts of your case
• Explain your legal options
• Identify potential insurance coverage
• Answer all your questions
• Give you our honest assessment of your claim’s value

Call us today at (888) 414-4674 — there’s no risk and no obligation.

Why MartinWren, P.C. Is Different: Our Approach to Rideshare Accident Cases

We’re Not a Settlement Mill

Many personal injury firms handle hundreds of cases at once, pushing quick settlements to move volume. That’s not us.

At MartinWren, P.C.:

• We limit our caseload to provide personal attention
• You work directly with an experienced attorney, not a paralegal
• We prepare every case for trial from day one
• We don’t settle for less than your case is worth

We Understand Virginia Law

Bob Byrne is Virginia’s only Board Certified Truck Accident Attorney — a credential requiring extensive experience and specialized examination.

While rideshare accidents aren’t trucking cases, the same investigative skills and understanding of commercial vehicle law apply:

• Analyzing app data and electronic evidence
• Understanding commercial insurance policies
• Navigating complex multi-party liability
• Dealing with corporate defendants

We Have the Resources for Complex Cases

Rideshare accident cases often require significant upfront investment:

We routinely hire:

• Accident reconstruction experts
• Medical specialists to explain injuries
• Economic experts to calculate lost earning capacity
• Life care planners for catastrophic injuries
• Vocational rehabilitation specialists
• Technology experts to analyze app and GPS data

Most attorneys can’t or won’t invest these resources. We can — and we do when necessary to maximize your recovery.

We Know How to Handle Virginia’s Contributory Negligence Law

Virginia’s all-or-nothing contributory negligence standard is a minefield.

We’ve successfully defended clients against:

• Claims they distracted the driver
• Arguments they should have been paying attention
• Suggestions they weren’t wearing seatbelts
• Allegations of pre-existing conditions

One mistake can destroy your case. We know how to build claims that eliminate contributory negligence defenses from the start.

We’re Based in Virginia and Understand Local Courts

Some national rideshare accident firms advertise in Virginia but handle cases from out of state.

We’re different:

• Our main office is in Charlottesville, Virginia
• We have regularly appeared in Richmond, Fairfax, Henrico, Chesterfield, and surrounding courts
• We understand Virginia-specific traffic patterns and dangerous roadways

What to Do Next: Get Your Free Case Review

If you’ve been injured in a rideshare accident, don’t wait for insurance companies to contact you. They’re already building their defense.

Here’s What Happens When You Call Us:

Step 1: Free Consultation
We’ll talk through what happened, answer your questions, and explain your legal options — at no cost and with no obligation.

Step 2: Case Evaluation
If you decide to hire us, we immediately begin investigating your claim and preserving evidence.

Step 3: We Handle Everything
You focus on healing. We handle:

• All insurance company communications
• Evidence gathering and investigation
• Medical record collection
• Settlement negotiations
• Litigation if necessary

Step 4: Maximum Compensation
We fight to recover every dollar you deserve — for medical bills, lost wages, pain and suffering, and future needs.

You Pay Nothing Unless We Win

Our contingency fee arrangement means:

• Zero upfront costs
• No hourly billing
• We advance all case expenses
• You only pay if we recover compensation for you

There’s no financial risk to calling us today.

Contact MartinWren, P.C. for Your Free Rideshare Accident Consultation

Call (888) 414-4674 now or fill out our online contact form.

We serve rideshare accident victims throughout Virginia, including:

• Richmond and surrounding counties
• Charlottesville and Albemarle County
• Northern Virginia (Fairfax, Arlington, Alexandria)
• Hampton Roads (Virginia Beach, Norfolk, Newport News)
• Roanoke and Southwest Virginia

Don’t let insurance companies take advantage of you.

You were injured through no fault of your own. You deserve compensation that fully covers your medical bills, lost wages, pain and suffering, and future needs.

We’ll fight to get it for you.

Call MartinWren, P.C. today at (888) 414-4674 for your free, no-obligation consultation.

About the Author:
Bob Byrne is a personal injury attorney at MartinWren, P.C. in Charlottesville, Virginia. He is Virginia’s only Board Certified Truck Accident Attorney and specializes in catastrophic injury cases, including rideshare accidents, traumatic brain injuries, spinal cord injuries, and wrongful death claims. With extensive experience handling complex insurance claims and Virginia’s contributory negligence law, Bob has recovered millions of dollars for injured Virginians.

Call (434) 817-3100 or complete a Case Evaluation form