What If I Was Hit By A Drunk Driver Who Was Driving For A Rideshare In Virginia?
Key Highlights:
- The status of the driver’s rideshare app will determine the applicable insurance coverage.
- Accepted rideshare trips provide at least $1 million in coverage in Virginia.
- Login records for the app are discoverable records that can prove status.
- Drunk drivers of rideshare in Virginia are often responsible for punitive damages in addition to your damages.
- Virginia’s 1% rule may yet preclude your claim.
What If I Was Hit by a Drunk Driver Who Was Driving for a Rideshare in Virginia?
So establishing liability becomes crucial. It’s not good to be involved in an accident where you get hit by a drunk rideshare driver Virginia. If this drunk driver were operating his/her Uber or Lyft vehicle at the time, then there’d be an added level of insurance that comes into play and a bigger pool of insurance than you would otherwise have in place. This is how those claims in Virginia work.
My name is Robert Tatum, and I am a lawyer at the Tatum & Atkinson Law Firm. As a veteran-owned law firm that started in 2006, we have more than 65 years’ worth of combined experience in handling DUI rideshare driver cases in Virginia. In case you find yourself in a DUI rideshare accident in Virginia, we know everything there is to know about Virginia rideshare insurance coverage, Uber accident Virginia claims, and Lyft accident Virginia lawyers.
Why a Rideshare Driver Who Drinks Differently
Here is the difference between a drunk rideshare driver accident and a common drunk car driver accident.
Three Insurance Policies at Once
A normal drunk driving accident claim will only have one insurance policy at play, but a rideshare accident could have three:
- the driver’s personal insurance,
- the rideshare company’s commercial insurance,
- and uninsured/underinsured motorist coverage from you.
Identifying who is responsible is the whole point of the suit.
The Key Fact of App Status Determines the Insuring Clause
In Virginia, the Virginia rideshare insurance coverage clause is determined by the driver’s status in their app: off, idle and ready to accept, or engaged in an active trip.
What Insurance Covers Drivers in Virginia
Here’s all that you need to know about the types of insurance that cover drivers in VA.
App Off, Just Personal Policy
If the app is off, the driver will be considered a regular driver, with only their personal car insurance in play, typically a very low policy, and one where the personal insurance company would refuse payment if the driver were drunk.
App On, Awaiting a Ride
As soon as the driver gets back online and hasn’t accepted a ride yet, Virginia law requires that the company carry a minimum of $50,000 for each individual and $100,000 for each accident in case of bodily injury, plus $25,000 for property damage.
Accepted Ride, $1 Million in Coverage
Once the driver has accepted an assigned passenger until completion of the trip, Virginia requires at least $1 million in primary liability insurance, plus uninsured or underinsured motorists insurance.
Why the Company’s Coverage Typically Covers
In its classification of the drivers as independent contractors, the company is not responsible for the actions of the drivers. However, the company’s mandatory insurance will be the first place to look into for coverage during active periods, and that insurer has the responsibility to defend the claim, according to Virginia law.
Proof of the Intoxication and the App Usage
The following evidence must be collected whenever possible.
Evidence of Drunk Driving
Intoxication evidence usually includes the police report, breath or blood BAC test results, field sobriety testing, eyewitness testimony, and bar receipts or security footage from the time before the rideshare DUI accident.
Evidence of the Rideshare Activity Period
It is here that the case will succeed or fail. According to Virginia law, the company and its insurance carrier must provide exact times when the driver logged in or out of the app.
Punitive Damages and Recovery
These are damages that can be claimed and recovered.
When Punitive Damages Are Available
Virginia awards punitive damages for an Uber accident Virginia or Lyft accident lawyer Virginia case involving a drunk driver. According to Va. Code § 8.01-44.5, they are available as a matter of law where the defendant’s BAC exceeded 0.15% or may be awarded at a lower BAC if it was willful or wanton. Punitive damages serve as punishment and are in addition to your other compensation.
Recoverable Losses
This may cover medical expenses, future treatment, lost income, pain and suffering, and damage to property, depending on the coverage for the driver involved.
Virginia’s 1% Rule and The Clock
Here’s the law in Virginia that deals with drunk rideshare cases.
The Contributory Negligence Trap
Since Virginia is governed by pure contributory negligence law, being 1% responsible bars any right of recovery. It is good to know that the drunk driver’s actions will help your case, but it is also important to show that you did not add anything to make the crash happen. In Virginia, there is no dram shop liability, and therefore, the tavern is immune from legal action.
Two Years To Act And a Good Reason To Move Faster
You usually have two years under Va. Code § 8.01-243 to file. Time is of the essence because of one simple fact: app data, video, and login information disappear.
How a Lawyer Constructs the Claim
The drunk ride-share case is the insurance mystery contained in the DUI. The lawyer resolves the issue of the driver’s app status through the login documentation, discovers all the layers of insurance coverage, personal, company, and your own UM/UIM; proves the intoxication for punitive damages; and avoids the 1% defense. With their office in Cedar Bluff, the Heavy Hitters do that for victims in Virginia.
Were You Injured in a Rideshare Vehicle with a Drunk Driver in Virginia?
The whole scheme of liability coverage in this situation is deliberately ambiguous, and the claims adjuster knows this. Establishing liability in your specific case will not cost you anything and will not bind you.
Jon Ward is a licensed Virginia lawyer at Tatum & Atkinson. Having worked from the offices of Tatum & Atkinson in Cedar Bluff, the Heavy Hitters are familiar with Virginia rideshare insurance coverage levels, punitive damages for DUI, and the 1% loophole that insurers employ.
You can reach us for a free consultation at (800) 529-0804. We operate on contingency, meaning we only get paid when you do, and since the filing period is quite short in Virginia, getting in touch with us is vital.
Frequently Asked Questions!
Can I sue Uber or Lyft directly?
Almost certainly not from the driver’s insurance for DUI. This is because the driver works independently, but not as an employee. However, the mandatory insurance provided by the company, covering up to one million dollars during the active trip, is usually the major source of your compensation.
Does the driver’s being drunk cancel the rideshare coverage?
This is not how it would affect your personal insurance. The company’s commercial insurance will be the primary coverage while you are on an active ridesharing trip.
What if I were the rideshare passenger?
Coverage of one million dollars will start right after you get into the car and will last until you exit it. Also, you will be protected from uninsured and underinsured motorists.
What does it cost to hire a lawyer?
It is our belief that all individuals have the right to legal advice without being hindered by cost issues. This is the reason why we have zero up-front costs, and you receive a free consultation.
Would it make a difference that the intoxicated rideshare driver had their app open while driving?
Yes. According to Virginia law, whether the app was active affects which Virginia rideshare insurance coverage would apply. If the driver had accepted a ride, then there could be a minimum of $1 million in rideshare liability coverage available.
