What Happens When I Am In A Wreck With A Lyft Driver In Virginia
Key Highlights
- What happens when I am in a wreck with a Lyft driver in Virginia depends on the driver’s app status. It will determine whether their personal insurance or Lyft’s insurance applies.
- There are three tiers of Lyft insurance coverage. No coverage if the app is off, $50,000 in bodily injury and property damage per accident if the app is on but the ride has not been started, and $1 million in liability insurance if a ride is started.
- According to Virginia’s strict contributory negligence law, a person cannot recover damages for their injuries resulting from the accident if they are found to be even 1% negligent, meaning the entire amount of damages will be denied.
- An accident from using the app may demonstrate that the driver was negligent if they were navigating or accepting a ride while driving their vehicle (as this violates Virginia’s distracted driving laws). This can give you a much stronger argument for obtaining compensation for your injuries.
When a Lyft ride-sharing vehicle is involved in an accident, different questions arise that are not asked in regular auto accidents. Who’s responsible for your injuries? What happens when I am in a wreck with a Lyft driver in Virginia? Will Lyft help pay for your injuries if something happens to you as a passenger? Are you able to sue them directly, or does their status as an independent contractors protect them from responsibility? These questions are very relevant and come up in every Virginia car crash that involves a rideshare driver and will ultimately determine how much compensation you receive for your injury.
Our lawyers at Tatum & Atkinson Law Firm represent injured Lyft accident victims in Virginia, including non-passengers such as other motorists, pedestrians, and cyclists. This guide addresses the common questions that are most important to Virginia residents who have been in a rideshare accident with a Lyft driver, and answers them in order of their importance.
Have you been injured in Lyft accident Virginia? Contact Tatum & Atkinson at (800) 529-0804 for a free initial consultation to discuss your rights and options for pursuing an accident claim.
What Happens When I Am In A Wreck With A Lyft Driver In Virginia: Immediate Steps
The moments right after your Virginia car accident with a Lyft driver are critical for both your health and your potential legal case. What happens in the first few moments at the scene of the car accident will have a major impact on how much compensation you will be able to recover.
Step 1: Prioritize Safety and Call 911
If there is any injury to anyone, call 911 immediately. By law, the driver must notify law enforcement personnel of the accident when any person suffers injury, death, or property damage exceeding $1,500 (Virginia Code § 46.2-894). The police report will provide an official record of the accident and can be used as one of the most important pieces of documentation to support your Virginia rideshare injury compensation claim.
Step 2: Document Everything at the Scene
Collecting any documents that can assist in your claim against the Lyft driver:
- Take a picture of all of the vehicles involved, the damage they caused, any skid marks, and any traffic lights & road conditions.
- Take a screenshot of the Lyft app to confirm that the Lyft driver was using the platform at the time of the crash.
- Obtain names, phone numbers, and insurance information from all people involved in the crash.
- Obtain contact information from any witnesses to the crash.
- Make note of the name of the Lyft driver, their car make/model, and license plate as displayed in the app.
Step 3: Seek Medical Attention Immediately
See a physician immediately, regardless of how you’re feeling post-accident, because, following a traumatic experience, such as a car crash, it’s very likely your body will release adrenaline, which can mask pain symptoms resulting from whiplash, soft-tissue injury, or concussion. Therefore, in the vast majority of cases, insurance adjusters will cite a gap between the date of injury and the doctor appointment as indicative that the injury is not serious; do not allow this to happen to you.
Step 4: Report the Accident Through the Lyft App
You should report your car crash to Lyft immediately by way of their in-app report function located in the ‘Help’ section. This will provide a timestamped record for you that Lyft was notified of the incident. This is essential when trying to sue Lyft or file a Virginia rideshare insurance claim.
Step 5: Contact a Lyft Accident Attorney in Virginia
Before talking to any insurance representative regarding an accident, including but not limited to a representative from Lyft, you should obtain legal representation from a Lyft accident lawyer Virginia that you can trust, because any wrong statement made to an insurance representative without first consulting an attorney may change the outcome of a potentially very strong case.
Lyft Insurance Coverage in Virginia: Which Policy Actually Applies?
One of the main factors to consider when filing a Virginia Lyft accident claim is whether or not they had an active insurance policy at the time of the accident. The Lyft insurance coverage Virginia has three separate phases:
Period 0 — App Is Off
When the app is turned off, Lyft does not provide any form of insurance; thus, the driver must use their own personal auto insurance. Therefore, follow the same procedures as if it were a regular auto claim.
Period 1 — App On, No Ride Accepted
When the app is turned on but has not accepted a passenger, then Lyft will provide insurance in the form of contingent liability coverage of $50,000 per person for bodily injuries, with a maximum of $100,000 per accident and up to $25,000 for property damages. This coverage only becomes available if the driver’s personal auto insurance is not able to cover all of the damages.
Period 2 — Ride Accepted Through Drop-Off
When Lyft has accepted the passenger and is transporting them to a drop-off point, Lyft’s liability insurance in this period is the most comprehensive of all of the periods and is for $1,000,000, and covers the driver, passengers, and all other people in the vicinity of the accident, whether they are in a vehicle or not.
When you are a Lyft customer in the middle of an active trip, as well as when a Lyft vehicle strikes you while carrying another passenger, it will trigger Lyft’s $1,000,000 insurance protection. The first step of a Lyft passenger injury lawyer Virginia is to analyze your case, which will involve finding the time period during which you received injury from Lyft.
Are Lyft Drivers Liable for Accidents? Can You Sue Lyft Directly?
These are two related but distinct questions that need to be answered in every Virginia personal injury Lyft accident case.
Can a Lyft driver be liable for an accident?
Yes, a Lyft driver may be liable for causing an accident as a result of their negligence, which could include speeding, running a red light, operating a vehicle while fatigued, driving under the influence of alcohol or drugs, or distracted driving.
Virginia Distracted Driving and the Lyft App
Under Virginia law (Code § 46.2-818.2), it is illegal for a driver to use a handheld device while operating a vehicle. If a Lyft driver is using the Lyft app while causing the Virginia distracted driving Lyft accidents, they may be liable for standard negligence and for violation of the statute.
Can You Sue Lyft Directly?
Generally speaking, Lyft is not subject to direct vicarious liability because it classifies drivers as independent contractors; however, Lyft may be directly liable in situations where:
- There was prior knowledge of an unsafe driving record, and Lyft did not take action.
- Lyft’s negligent hiring or failure to conduct appropriate background checks, and placed the driver back on the road when it should not have done so.
- The driver’s actions while performing a Lyft-designated gig caused the harm.
A Lyft accident attorney in Virginia will help you determine whether to sue Lyft directly or pursue its $1 million commercial liability insurance policy as an appropriate litigation strategy given your particular situation.
What Compensation Can You Recover After a Lyft Accident in Virginia?
If an individual sustains injuries while riding as a passenger on Lyft in Virginia, they can sue for both physical injury and other injuries incurred as a result of the accident. What Lyft passenger compensation Virginia you can claim is:
Economic Damages
These are financial losses with a specific dollar amount:
- Past and future medical costs (emergency room, surgery, rehabilitation, medication, adaptive equipment).
- Lost earnings from missed work during recovery.
- Reduced capacity to earn due to any long-term disability.
- The repair or replacement cost of your vehicle.
- Any additional costs related to your injury (i.e., traveling costs to doctor’s appointments, modifying your home).
Non-Economic Damages
These are physical and emotional tolls that cannot be measured with a price tag:
- Pain and suffering
- Emotional and psychological distress
- Loss of enjoyment of life
- Loss of spousal or other family relationships
- Permanent disfigurement or scarring
Punitive Damages
Virginia courts may impose punitive damages if a Lyft driver’s actions are particularly vile, e.g., excessive driving while intoxicated. The purpose of punitive damages is to punish the wrongdoer as well as discourage future similar actions. This punishment for wrongdoing is separate from compensating the injured party.
Virginia’s Contributory Negligence Rule is an Important Factor: Virginia is one of only a few states that still applies pure contributory negligence. If you are found to be even 1% at fault for the accident, you will be completely precluded from recovering damages. The level of your legal representation will be strongly associated with your ability to recover any Virginia rideshare injury compensation.
Does Lyft Settle Out of Court? How Long Will It Take?
The majority of Lyft driver accident lawsuits in Virginia will settle without going to trial. However, the time frame for settlement of these claims can vary widely. When a crash occurs, Lyft will perform an internal investigation into the event, independent of your legal case. This investigation process typically takes several weeks, if not months, to complete. You are not required to wait for the results of the Lyft investigation before you begin to pursue your rights to compensation.
Many factors will affect the timeframe of your settlement. The severity of your injury and any dispute regarding who was at fault for causing the injury, and your maximum medical improvement (MMI), will also determine the value of your claim and the length of your claim resolution. You may risk not recovering all your future expenses associated with the injury if you settle your claim before you have a complete understanding of your medical situation.
If you have a minor claim with no dispute as to liability, your claim may settle within a few months, but if you have a significant injury or are involved in litigation, your claim may take one to two years to settle. Your Uber and Lyft accident attorney Virginia should be upfront with you from the beginning about the expected time frame for your case and will not make false promises.
Why Injured Virginians Trust Tatum & Atkinson
If you have been injured while riding in a Virginia rideshare vehicle, the process of pursuing Virginia rideshare injury compensation can be complicated and involves insurance companies, multiple coverage periods, app platform data, and Virginia’s pure contributory negligence law, all while you are recovering from significant injuries.
At Tatum & Atkinson Law Firm, our team of experienced commercial rideshare accident lawyer Virginia is fully dedicated to helping injured passengers navigate their rideshare accident cases from investigation through resolution. We also have the experience necessary to develop strong cases to challenge well-funded defense counsel.
- No-cost initial consultation, which means you can get your case evaluated with no commitment on your part.
- We work on a contingency fee basis, so you will not owe us any fees unless we win your case.
- We have experienced rideshare attorneys led by supportive legal staff.
- Vast experience with Virginia courts, rideshare laws, and Lyft’s insurance policy.
“When you’re injured as a result of a rideshare accident, the insurance system is not set up to help you; it is configured to help protect the financial interests of Lyft. We will do everything we can to provide our Virginia clients with the equal opportunity to receive the full amount of compensation to which they are entitled.” — Robert Tatum, Founding Attorney at Tatum & Atkinson Law Firm
You Deserve Answers And Compensation After A Lyft Accident
Understanding “what happens when I am in a wreck with a Lyft driver in Virginia” is the first step towards protecting your future.
Trying to figure out how to act following the Virginia car accident with Lyft driver may feel like an overwhelming task due to Virginia’s two-year statute of limitations, the strict contributory negligence law, and the complicated nature of the Lyft insurance structure, all of which create no room for delay or mistakes. You should not face the legal system alone while you work on making yourself whole again.
If you are injured in a Lyft accident, please contact Tatum & Atkinson Law Firm at (800) 529-0804 for a free consultation.
Frequently Asked Questions!
What insurance coverage applies in a Virginia Lyft accident?
If your app is off, you get personal insurance. If your app is on, but you do not have an accepted ride, you get limited Lyft contingency coverage. If you are actively driving passengers, you will be covered by Lyft’s commercial liability insurance policy.
What should I do after a car accident involving a Lyft driver in Virginia?
Call 9-1-1, document the accident scene, take a screenshot of the Lyft app showing your driver’s details, seek medical treatment immediately, report through the app ASAP, and consult with a Lyft accident lawyer in Virginia before talking to any insurance adjuster.
How much compensation can I recover after a Lyft accident in Virginia?
It includes medical expenses, lost income, pain and suffering, and property damage. In a Lyft accident, you may be able to recover money up to $1 million, depending on how badly you are injured and how much fault is found against the other party.
What if the Lyft driver was distracted or using the app during the crash in Virginia?
App use while driving is prohibited by Virginia Code § 46.2-818.2. Digital evidence from Lyft’s platform may be obtained through a subpoena and can be used to provide proof that the driver was distracted when the accident occurred.
How long do I have to file a Lyft accident claim in Virginia?
Virginia Code § 8.01-243 allows two years from the date of the accident to file a Lyft driver accident lawsuit Virginia for personal injuries; missing this two-year time period will prevent you from being compensated.
