You thought you were making the smart choice by getting an Uber or Lyft, but as you relax in the back seat, your driver is involved in a crash with another vehicle. Now, you're dealing with painful injuries and mounting medical bills from an accident that wasn't your fault, and the rideshare driver may be trying to shift accident liability to another driver.
The experienced Virginia car accident lawyers at Dulaney, Lauer & Thomas know how stressful and infuriating this feels, and we’re here to advocate for your rights if you're dealing with a disputed accident liability after a rideshare crash. Here’s what you need to know if you were a passenger during a rideshare collision.
Document Everything at the Scene
When multiple parties point fingers after a rideshare accident, you need evidence to uncover the truth about accident liability. Uber and Lyft drivers may try to avoid responsibility after rideshare crashes because accidents can threaten their employment and increase their insurance premiums.
When you can safely do so, document the accident by:
- Taking photos and videos. Record all damage to the vehicles. Capture the scene from multiple angles, including skid marks on the road, broken glass, deployed airbags, and traffic control devices. Additionally, take photos and videos of your injuries.
- Looking for independent eyewitnesses. Get witness names and contact information. Their unbiased testimony can help resolve accident liability disputes.
After the crash, your Virginia car accident lawyer may be able to gather additional evidence, such as:
- Accident scene photos and videos from other sources
- Dashcam or traffic camera footage
- Police reports
- Driver cellphone records
- Vehicle damage reports
- Rideshare trip data
This evidence can help your lawyer understand how the accident occurred and who is responsible for the resulting damages.
Seek Prompt Medical Care
It’s essential to seek medical care immediately after a car accident. The symptoms of crash-related injuries like whiplash, concussions, and soft tissue damage may not appear for hours or even days after the initial trauma. After your medical discharge:
- Keep copies of instructions, medication lists, and any other records you receive
- Attend all follow-up appointments
- Start a journal documenting your day-to-day pain levels, activity restrictions, and how the injuries have changed your routine
- See your doctor if you notice new or worsening symptoms
Getting evaluated quickly lets doctors diagnose and treat your injuries promptly, preventing unnecessary complications and pain. Additionally, it creates a record of your injuries. Without this documentation, the insurance company may argue that your injuries are unrelated to the rideshare accident or that you've exaggerated their severity.
Report the Accident to the Rideshare Company
Although your driver likely notified the rideshare company about the crash, you should file your own report with Uber, Lyft, or the appropriate rideshare company to create an official record. Uber and Lyft have options to report accidents within their apps and on their websites. Provide the date, time, and location of the crash, but stick to objective facts rather than speculating about fault.
Work with a Virginia Car Accident Lawyer to Determine Accident Liability
Rideshare accidents often involve disputed accident liability and insurance coverage. Virginia law requires rideshare companies like Uber and Lyft to provide third-party liability insurance coverage for accidents that happen while a driver is logged into the app and actively engaged in a passenger trip. The rideshare driver's auto insurance policy may not cover accidents when using the vehicle for commercial purposes.
Depending on the circumstances, you may have a claim against one or more of the following:
- The rideshare company's third-party liability coverage
- The other motorist’s auto insurance policy
- The rideshare driver's auto insurance policy
- Your own uninsured/underinsured motorist protection
Figuring out who to pursue a claim against can be challenging without extensive knowledge of Virginia liability and insurance laws. An experienced lawyer will identify all potentially liable parties and fight for your fair compensation.
At Dulaney, Lauer & Thomas, we believe rideshare passengers injured by negligent drivers deserve justice and fair financial recovery. Our attorneys can handle every aspect of your personal injury case, from investigating the crash to determining liability, negotiating with the insurance companies, and representing you in court, if necessary.
