Is Uber Responsible if Their Driver Caused a Crash in Virginia?

 Posted on June 29, 2025 in Personal Injury

If you have been injured in a rideshare accident involving an Uber driver in Virginia, you need to know who is liable for damages. Liability and insurance coverage inquiries in these cases can be complicated, but identifying the at-fault party is essential to building your claim. An experienced Fairfax, VA rideshare accident lawyer can help you establish fault and prove that your resulting damages are directly tied to the Uber driver’s negligence.

Understanding Uber’s Liability in a Virginia Rideshare Accident Case

Uber classifies its drivers as independent contractors, not employees, which affects how and when Uber can be held liable. In some cases, Uber’s insurance policy may apply. In other cases, the injured person may only be able to file a claim with the Uber driver’s personal insurance or sue the driver directly. 

Virginia law adds another layer of complexity by following a pure contributory negligence rule. This means that if you are even one percent at fault for the crash, you may be ineligible to recover damages. 

Virginia's Insurance Requirements for Rideshare Companies

Virginia law, under § 46.2-2099.50, outlines the insurance obligations for personal vehicles used to pick up passengers. Uber must carry a $1 million policy that covers death, bodily injury, and property damage. This law ensures that passengers and third parties are protected in the event of an accident. The caveat is that Uber’s insurance coverage applies at varying levels depending on how active the driver is on the app when the crash occurs. If you were driving another vehicle that collided with an Uber driver, whether or not the Uber driver was working at the time will matter.

When Uber May Be Liable for Damages After a Rideshare Accident in Virginia

Virginia courts consider the context of the crash to decide if Uber’s commercial insurance applies or if the driver’s personal insurance is responsible. Uber separates driver activity into three categories:

• App is off: The driver is using their vehicle for personal reasons, and Uber would typically bear no liability.

• App is on, but no ride has been accepted: Uber provides contingent coverage up to $50,000 per person, $100,000 per accident for bodily injury, and $25,000 for property damage.

• Ride has been accepted or a passenger is in the car: Uber’s $1 million commercial liability insurance applies. 

Sometimes, rideshare companies and their insurers can be combative, pushing back on large claims or trying to shift even a small amount of blame on you to avoid liability. Having a legal representative to protect your rights in these cases can be a major contributing factor to receiving adequate compensation for your financial, physical, and emotional losses.

Contact a Fairfax, VA Rideshare Accident Attorney Today

A trusted Fairfax rideshare accident lawyer at Robinson Law, PLLC can help you understand your rights and pursue the compensation you deserve. Our firm works on a contingency basis, meaning there is no risk in talking to us about your case. We get paid when you get paid. With over 50 years of combined legal experience and services in Spanish – hablamos Español – we are here to support you every step of the way. Contact us at 703-844-3746 today to schedule your free consultation.