
If your Uber driver is involved in an accident, call 911 when anyone may be injured, move away from immediate danger if you can do so safely, and obtain medical care. After addressing those urgent needs, save your trip information, photograph the scene, collect driver and witness details, and report the accident to Uber.
Because you were a passenger during an accepted Uber ride, Virginia’s transportation-network-company insurance requirements may apply. The available recovery will depend on who caused the collision, the injuries and losses involved, and which insurance policies cover the accident.
The most important steps are:
- Call 911 and protect yourself from immediate danger.
- Obtain emergency and follow-up medical care.
- Make sure the crash is reported to law enforcement.
- Save your Uber trip and driver information.
- Document the vehicles, road and surrounding scene.
- Collect insurance and witness information.
- Report the accident to Uber.
- Preserve your medical, employment and expense records.
- Consider legal advice before accepting a settlement or signing a release.
A Norfolk Uber accident lawyer can review the rideshare trip, identify potentially applicable policies and explain the legal options that may be available.
1. Call 911 and Get to a Safe Location
Your immediate safety should come before taking photographs, reporting the crash through the Uber app or discussing insurance.
Call 911 when:
- Anyone appears injured or unconscious.
- The vehicle is blocking traffic.
- Fuel, smoke, fire or debris creates a danger.
- The driver attempts to leave the scene.
- Another driver fled.
- You are uncertain whether emergency assistance is needed.
If the Uber vehicle is still moving after the collision, tell the driver that an accident occurred and ask them to stop safely. Do not encourage the driver to make an unsafe movement or stop in an active traffic lane when a safer nearby location is available.
Leave the vehicle when it is safe and physically possible. Do not stand between damaged vehicles or remain near leaking fuel, fire or moving traffic.
What if the Uber driver refuses to stop?
Call 911 and tell the dispatcher:
- That you are a passenger in an Uber vehicle involved in an accident
- Your current location and direction of travel
- The driver’s name and vehicle information shown in the app
- Whether anyone appears injured
- Whether the driver is leaving the scene
Under Virginia Code § 46.2-895, a vehicle occupant who is at least 16 years old and knows that the driver failed to stop and report certain accidents has a duty to ensure that a report is made within 24 hours.
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CALL 757-648-85792. Check for Injuries and Obtain Medical Care
Uber passengers can experience the same collision forces as occupants in any other motor vehicle. Possible injuries include:
- Whiplash and neck injuries
- Traumatic brain injuries and concussions
- Back and spinal cord injuries
- Broken bones
- Chest and rib injuries
- Internal bleeding or organ damage
- Bruises and lacerations
- Nerve injuries
- Soft-tissue injuries
- Psychological trauma
Accept emergency assessment when it is recommended. A person may have a significant injury despite remaining conscious, being able to walk or initially experiencing limited pain.
When is a head injury an emergency?
Call 911 or seek immediate emergency care if you experience:
- A worsening headache that does not go away
- Repeated vomiting
- A seizure or convulsion
- Weakness, numbness or reduced coordination
- Slurred speech
- One pupil larger than the other
- Increasing confusion or unusual behaviour
- Loss of consciousness
- Extreme drowsiness or difficulty waking
- Inability to recognise people or places
Some concussion symptoms may not appear until hours or days after the collision. Contact a healthcare professional if new symptoms appear or existing symptoms worsen.
Follow the medical plan
After the initial evaluation:
- Attend recommended follow-up appointments.
- Take medication as directed.
- Complete therapy when prescribed.
- Report new or worsening symptoms.
- Ask when it is safe to drive, work or exercise.
- Retain bills, prescriptions, test results and work restrictions.
Medical decisions should be based on your health and the advice of qualified professionals—not on an attempt to increase an insurance claim.
3. Make Sure the Accident Is Reported to Police
Under Virginia Code § 46.2-371, the driver of a vehicle involved in an accident causing injury or death must immediately notify law enforcement.
The responding officer may:
- Secure the crash scene
- Arrange emergency assistance
- Interview drivers, passengers and witnesses
- Record vehicle and insurance information
- Document road and weather conditions
- Investigate possible traffic violations
- Provide an incident or crash-report number
Under Virginia Code § 46.2-373, an officer who investigates an accident involving injury, death or apparent total property damage of at least $3,000 must forward a written report to the Virginia Department of Motor Vehicles within 24 hours after completing the investigation.
Ask for:
- The officer’s name and agency
- The incident or crash-report number
- Instructions for requesting the completed report
A police report can provide important information, but it does not automatically determine who is legally responsible in a civil claim.
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GET FREE EVALUATION4. Save Your Uber Trip Information
Rideshare cases often depend on proving that the driver had accepted the ride and that you were a passenger when the accident occurred.
Before information becomes difficult to locate, save screenshots or copies of:
- The driver’s name and profile
- The vehicle make, model and licence plate
- The trip receipt
- The pickup and intended destination
- The trip route shown in the app
- The date and time of the ride
- The amount charged
- Messages exchanged with the driver
- Any safety or accident report submitted through Uber
Do not edit the screenshots. Keep the original electronic files and any confirmation emails received from Uber.
5. Document the Uber Accident Scene
If your condition and the surrounding traffic permit it, photograph or record:
- The Uber vehicle from several angles
- Every other vehicle involved
- Vehicle positions and points of impact
- Skid marks, debris and fluid trails
- Traffic lights, signs and pavement markings
- Road, lighting and weather conditions
- Your visible injuries
- Damaged personal belongings
- Nearby businesses, homes or traffic cameras
Take wide photographs showing the overall scene and close-up photographs of specific damage. Preserve the original files without filtering, cropping or adding text.
Write down what you remember
Record:
- Where you were sitting
- Whether you wore a seat belt
- The direction the Uber vehicle was travelling
- What each vehicle did before impact
- Any traffic signals or turn signals you observed
- Statements made by the drivers
- When police and emergency personnel arrived
Keep the account factual. Do not estimate speeds or distances unless you genuinely know the answer.
6. Collect Driver, Insurance and Witness Information
Obtain information from the Uber driver and other drivers involved in the crash.
Request:
- Full name and address
- Driver’s licence information
- Vehicle-registration information
- Personal automobile insurance information
- Applicable rideshare insurance information
- Telephone number and email address
Virginia law requires a transportation-network-company driver to carry proof of applicable rideshare insurance and present it to a person involved in an accident upon request.
Collect witness information
Ask independent witnesses for:
- Their name
- Phone number
- Email address
- A brief description of what they observed
Do not pressure witnesses or suggest what they should say. Preserve their contact details for later investigation.
7. Report the Accident to Uber
After contacting emergency services and addressing immediate safety needs, report the accident through Uber’s rider support process.
In the Uber app:
- Open the relevant trip or receipt.
- Open the Help or Safety section.
- Select the option relating to an accident or safety incident.
- Provide the requested trip and accident details.
- Upload relevant photographs or documents when appropriate.
- Save the submission confirmation and any case or reference number.
The wording and location of these options may change as Uber updates the app. Uber also provides an online rider-help form for people involved in an accident.
Reporting the accident to Uber does not replace calling police or obtaining medical care. It also does not, by itself, start a lawsuit or guarantee insurance payment.
What Insurance Applies When an Uber Passenger Is Injured?
Virginia’s rideshare-insurance rules distinguish between different stages of the driver’s use of the Uber platform.
| Driver status | Virginia minimum rideshare coverage | Relevance to a passenger |
|---|---|---|
| App turned off | The driver’s personal policy generally applies, subject to its terms. | This normally is not an Uber trip. |
| Logged in and waiting for a request | At least $50,000 per person, $100,000 per incident and $25,000 for property damage. | No passenger has yet been matched for a ride. |
| Ride accepted, travelling to pickup or completing the trip | At least $1 million in primary liability coverage, plus required uninsured and underinsured motorist coverage. | This is the coverage stage usually relevant when a passenger is inside the Uber vehicle. |
Under Virginia Code § 46.2-2099.52, the $1 million rideshare coverage applies from the moment the driver accepts a prearranged request until the transaction or ride is completed, whichever is later.
The $1 million amount is not a guaranteed settlement. It is the minimum liability coverage required during that stage of the trip.
If the Uber driver caused the collision
The primary rideshare liability coverage may apply to injuries and property damage suffered by passengers and other third parties, subject to the policy and the evidence establishing liability and damages.
If another driver caused the collision
The other driver’s liability insurance may be a primary source of recovery. If that driver is uninsured or lacks enough insurance, the rideshare uninsured or underinsured motorist coverage may also require review.
Could your own insurance apply?
A passenger’s own automobile or household policy may provide additional coverage depending on its terms, listed insureds and available medical-expense or uninsured-motorist benefits.
Do not assume only one policy applies. Obtain and review all potentially relevant coverage.
Who May Be Responsible for an Uber Accident?
Potentially responsible parties depend on how the crash occurred.
They may include:
- The Uber driver
- Another motorist
- The owner of another vehicle
- An employer whose employee caused the crash while working
- A vehicle or component manufacturer
- A repair or maintenance business
- A government entity responsible for a dangerous roadway, subject to special rules
- Another person or business whose conduct contributed to the collision
The existence of Uber’s insurance does not automatically mean Uber itself is legally responsible for every accident. Direct liability depends on the particular conduct, relationships and applicable law.
What Evidence May Be Important in an Uber Accident Claim?
Relevant evidence may include:
- The Uber trip receipt and app screenshots
- Driver and vehicle information
- Police crash reports
- Scene photographs and video
- Dash-camera footage
- Traffic-camera or surveillance video
- Witness statements
- Electronic vehicle or phone data when legally available
- Medical records and bills
- Employment and wage records
- Uber communications and incident-reference numbers
- Insurance policies and coverage correspondence
Some video and electronic evidence may be routinely overwritten. Preserve available information promptly.
What Should You Avoid After an Uber Accident?
- Do not remain in a dangerous traffic location merely to gather evidence.
- Do not admit fault or speculate about the crash.
- Do not minimise or exaggerate symptoms.
- Do not provide different versions of the collision to different parties.
- Do not post detailed accident or medical updates on social media.
- Do not discard damaged personal property before documenting it.
- Do not sign a release without understanding which claims and parties it covers.
- Do not accept a settlement before future medical or employment effects are reasonably understood.
- Do not assume that reporting the crash to Uber extends the court-filing deadline.
Should You Give an Insurance Company a Recorded Statement?
You may be contacted by:
- The Uber rideshare insurer
- The Uber driver’s personal insurer
- Another driver’s insurer
- Your own insurance company
Your obligations may differ depending on which company is requesting the statement and whether you are insured under that policy.
Before agreeing, ask:
- Which company is requesting the statement?
- Whom does the company insure?
- Which policy and claim number apply?
- Whether you are required to provide the statement
- How the recording will be used
- Whether you will receive a copy or transcript
Be truthful and concise. Do not guess about speed, distance, fault, diagnosis or recovery time.
What Compensation May Be Available?
If another person or business is legally responsible, an injured Uber passenger may be able to seek compensation for accident-related losses supported by the evidence.
Potential damages may include:
- Emergency and hospital expenses
- Past medical treatment
- Reasonably anticipated future medical care
- Rehabilitation and therapy
- Lost income
- Reduced earning capacity
- Physical pain and inconvenience
- Permanent impairment
- Scarring or disfigurement
- Damage to personal property
- Other legally recoverable losses
Compensation is not automatic. The passenger may need to establish liability, medical causation and the reasonable value of the claimed losses.
How Long Do You Have to File an Uber Accident Lawsuit in Virginia?
Under Virginia Code § 8.01-243, a personal injury action generally must be filed within two years after the cause of action accrues.
Virginia generally provides five years for an action involving injury to property.
Different deadlines, notice requirements or exceptions may apply when:
- The injured passenger is a minor.
- A government vehicle or roadway agency is involved.
- The accident results in death.
- A responsible driver cannot be identified.
- Another special statute applies.
Uber’s internal review, an insurance investigation or settlement negotiations do not necessarily extend the lawsuit deadline.
When Should You Contact an Uber Accident Lawyer?
Not every minor accident requires legal representation. Consider obtaining advice when:
- You suffered a serious or permanent injury.
- You required surgery or extensive rehabilitation.
- You may need future medical treatment.
- You cannot return to the same work.
- The drivers or insurers dispute fault.
- Several insurance companies are involved.
- The responsible driver was uninsured or underinsured.
- The rideshare insurer denies that the trip was active.
- You received an early settlement offer.
- You were asked to sign a broad release.
- Important electronic evidence may disappear.
- The filing deadline may be approaching.
A lawyer may:
- Preserve the Uber trip and electronic records
- Investigate how the collision occurred
- Identify responsible drivers and businesses
- Obtain applicable rideshare and automobile policies
- Review uninsured and underinsured motorist coverage
- Collect medical and employment records
- Document past and future losses
- Communicate with insurance representatives
- File a lawsuit when appropriate
Hiring an attorney does not guarantee compensation or a particular settlement.
You may review Atkinson Law’s past case results. Prior outcomes do not guarantee or predict the result of another matter.
Frequently Asked Questions
Does Uber cover passengers injured during a ride?
Virginia requires at least $1 million in primary liability coverage after the driver accepts a ride request and until the trip or transaction is completed. Uninsured and underinsured motorist coverage is also required. Whether payment is owed depends on liability, damages and policy terms.
Does Uber automatically pay $1 million after an accident?
No. The $1 million figure is the required minimum liability limit during an accepted ride. It is not an automatic payment, settlement value or amount awarded to each passenger.
What if the other driver caused the crash?
The other driver’s liability coverage may apply. Rideshare uninsured or underinsured motorist coverage may also need to be reviewed if the responsible driver lacks sufficient insurance.
Should I report the accident to Uber?
Yes, after addressing emergency and law-enforcement needs. Save the report confirmation and all later communications.
Can I report the accident if the driver refuses?
Yes. Call law enforcement and report the accident to Uber independently. Virginia may also impose a duty on occupants aged 16 or older to ensure a police report is made when the driver fails to stop and report certain accidents.
Should I go to the hospital if I feel fine?
Seek emergency care for danger signs and contact a healthcare professional after a significant collision, head impact or new symptoms. Some traumatic brain injury symptoms may appear later.
Can I bring a claim against both drivers?
Potentially, when evidence shows that both drivers contributed to the collision. Each party’s conduct and applicable insurance must be investigated separately.
Can I recover if I was not wearing a seat belt?
Seat-belt use may be documented and raised during the claim, but its legal effect depends on Virginia law and the facts. Do not assume that nonuse automatically eliminates a passenger’s claim.
Should I accept the first insurance offer?
Evaluate the offer according to your treatment status, future medical needs, lost income, available coverage and the scope of the proposed release—not merely because it is the first offer.
Does hiring a lawyer guarantee a higher settlement?
No. Legal representation may help preserve evidence, identify insurance and document damages, but it does not guarantee payment or a better result.
Discuss a Virginia Uber Accident With Atkinson Law
Your safety and medical needs should remain the first priorities after an Uber accident. After those needs are addressed, preserve your trip information, report the collision and identify the potentially applicable insurance policies.
Atkinson Law can review the crash, rideshare status, injuries, available insurance and disputed liability issues. For collisions in Hampton Roads, learn more about working with a Norfolk car accident attorney.
Contact Atkinson Law to request a free, no-obligation consultation about a Virginia Uber accident claim.
This page provides general medical, insurance and legal information. It does not guarantee compensation or a particular outcome. Call 911 when a person may have a medical emergency. Reading this page or contacting the firm does not create an attorney-client relationship.
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