Why rideshare crash claims are different
An ordinary crash claim usually runs through one driver's personal auto policy. A rideshare crash can involve three or more policies: the driver's personal policy, the insurance the rideshare company or driver must carry for app time, and your own uninsured and underinsured motorist coverage. Which one pays first depends on a single fact: whether the driver was logged off, logged on and waiting, or on a trip.
Each jurisdiction answers that question with its own statute, its own vocabulary, and its own minimum limits. D.C. calls Uber and Lyft "private vehicle-for-hire" companies. Maryland and Virginia call them "transportation network companies." The rules below come straight from those statutes.
How much insurance must an Uber or Lyft driver carry?
It depends on the app status and the jurisdiction: in D.C. and Virginia, the minimum jumps to $1 million once the driver accepts a ride (D.C. Code § 50-301.29c; Va. Code § 46.2-2099.52), while Maryland's statute sets one floor of $50,000 per person and $100,000 per accident for all app time (Md. Code, Pub. Utils. § 10-405).
| Driver's app status | Washington, D.C. | Maryland | Virginia |
|---|---|---|---|
| App off | No rideshare requirement; the driver's personal policy is the starting point | No rideshare requirement; the driver's personal policy is the starting point | No rideshare requirement; the driver's personal policy is the starting point |
| App on, waiting for a request | Primary coverage of at least $50,000 per person, $100,000 per accident, $25,000 property damage | At least $50,000 per person, $100,000 per accident, $25,000 property damage, plus uninsured motorist and PIP coverage | Primary coverage of at least $50,000 per person, $100,000 per incident, $25,000 property damage, plus UM/UIM coverage |
| Ride accepted, driving to pick up | Primary coverage of at least $1 million per occurrence | Same floor as above (the statute's "coverage period two") | Primary liability coverage of at least $1 million, plus UM/UIM coverage |
| Passenger in the car | Primary coverage of at least $1 million per occurrence | Same floor as above (the statute's "coverage period three") | Primary liability coverage of at least $1 million, plus UM/UIM coverage |
These are statutory minimums. The policy the company actually carries can be larger, so we get the declarations page and the policy itself instead of assuming.
Washington, D.C.: the private vehicle-for-hire statute
In D.C., the company or the driver must keep a primary policy of at least $1 million per occurrence whenever the driver is "engaged in a prearranged ride" (D.C. Code § 50-301.29c(a)). The statute defines that period as starting when the driver accepts a request through the app, continuing while the passenger is in the car, and ending when the passenger gets out (§ 50-301.29c(m)).
When the driver is logged on and showing as available but has not accepted a ride, the minimum drops to $50,000 per person, $100,000 per accident, and $25,000 for property damage (§ 50-301.29c(b)). If the driver's own policy has lapsed, the company must provide the coverage from the first dollar of the claim (§ 50-301.29c(d)).
Two other provisions matter in practice. The company must cooperate in a claims investigation by providing the dates and times that show whether the driver was logged on (§ 50-301.29c(g)). And the company's terms of service "shall not contradict or be used to evade" these insurance requirements (§ 50-301.29c(h)).
If you were walking, biking, or riding a scooter in D.C. when a rideshare car hit you, D.C.'s vulnerable-user law also protects you: your own negligence does not bar recovery unless it was a proximate cause and greater than the combined negligence of the defendants (D.C. Code § 50-2204.52).
Maryland: one statutory floor for all app time
Maryland's statute defines three "coverage periods": logged on and ready to accept a request, driving to a pickup after accepting one, and carrying the passenger until the passenger leaves the car (Md. Code, Pub. Utils. § 10-101(n)). During all three, the driver, the company, or both must carry primary insurance of at least $50,000 per person and $100,000 per accident for bodily injury, $25,000 for property damage, plus uninsured motorist coverage and personal injury protection (Md. Code, Pub. Utils. § 10-405(a)).
If both the driver and the company carry coverage, the driver's is primary; if the driver's coverage has lapsed or been canceled, the company's policy must pay from the first dollar and defend the claim (§ 10-405(b), (c)). After a crash, the company and its insurer must share the precise times the driver was logged on in the 12 hours before and after the accident (§ 10-405(g)).
Maryland also lets a driver's personal insurer exclude all coverage, including PIP and UM, while the driver is providing rideshare services (Md. Code, Ins. § 19-517(c)). That is why pinning down the app status early matters so much: it decides which insurer cannot deny the claim.
Virginia: $1 million from the moment a ride is accepted
In Virginia, from the moment the driver accepts a ride request until the trip is complete, the required coverage is primary liability insurance of at least $1 million, plus uninsured and underinsured motorist coverage (Va. Code § 46.2-2099.52(B)). While the driver is logged on and waiting, or between trips, the minimum is $50,000 per person, $100,000 per incident, and $25,000 for property damage, plus UM/UIM coverage (§ 46.2-2099.52(C)). If the app crashes during a trip, the $1 million coverage is presumed to apply until the passenger gets out (§ 46.2-2099.52(D)).
Virginia gives injured people a useful tool. You, or your lawyer, can send the company a written request with the date, time, and place of the crash, and the company must answer within 30 days with whether the driver was logged on, whether a trip had been accepted or a passenger was aboard, the name of the primary insurer, and the driver's identity and last known address (§ 46.2-2099.52(G)).
Virginia's statute also says that no contract, receipt, or rule can exempt a rideshare company from the liability the law imposes for injuries to passengers in its care (§ 46.2-2099.52(H)).
Do Uber's and Lyft's arbitration clauses apply to my injury claim?
Not always: whether a rider is bound to arbitrate depends on whether that person actually agreed to the company's terms, and a recent D.C. ruling held that a rider hurt in an Uber that someone else ordered kept the right to go to court. Uber's and Lyft's rider terms of service contain arbitration clauses, and the companies invoke them to move injury cases out of court and away from juries.
We cover that decision in our post on the D.C. ruling for riders in an Uber someone else ordered. Arbitration questions also come up when the company argues that an account holder agreed for everyone in the car, or when the claim is against the other driver rather than the rideshare company. An arbitration clause between you and Uber does not cover your claim against a different driver who caused the crash.
If the company moves to compel arbitration, the answer turns on the exact terms in effect when the account was opened or updated, who clicked "agree," and which claims the clause reaches. Do not assume a court case is off the table because an adjuster says so.
Passengers, other drivers, and pedestrians: who can claim, and against whom
Rideshare passengers
A paying passenger is almost never at fault for a crash, which matters in jurisdictions that still apply contributory negligence. Your claim may run against the rideshare driver's coverage, against another driver who caused or shared in the crash, or both. When the at-fault driver is someone other than your rideshare driver, that driver's own insurer is usually the first stop, and the rideshare company's UM/UIM coverage may come in behind it.
Other drivers
If a rideshare driver hits your car, the app status at that moment decides which tier of coverage applies. Contributory negligence still governs car-versus-car claims in all three jurisdictions, so the insurer will look hard for any fault on your part. See how contributory negligence decides most DMV cases.
Pedestrians and cyclists
Pickups and drop-offs often happen at the curb, in bike lanes, and near crosswalks, which puts people on foot and on bikes close to cars that are stopping, starting, and opening doors. In D.C., pedestrians and vulnerable users have the protection of D.C. Code § 50-2204.52 described above. In Maryland and Virginia, contributory negligence still applies, which makes witness statements and video especially important.
How uninsured and underinsured motorist coverage fits in
Each state's rideshare statute builds in uninsured motorist protection: Maryland requires uninsured motorist coverage under Ins. § 19-509 for all app time (Md. Code, Pub. Utils. § 10-405(a)(2)), and Virginia requires UM and UIM coverage under § 38.2-2206 in both the waiting and trip periods (Va. Code § 46.2-2099.52(B), (C)).
Virginia adds a rule that helps passengers: underinsured motorist coverage that applies while a passenger is in the car is paid "without any credit" for the liability coverage available, and neither the company nor the driver can opt out of that rule (§ 46.2-2099.52(B)(2)). In plain terms, a passenger's UIM recovery is not reduced just because the at-fault driver's liability insurer paid something.
Your own auto policy may also provide UM/UIM coverage, even though you were a passenger in someone else's car. Whether it applies, and in what order, depends on the policy language and the state. See Maryland uninsured and underinsured motorist claims, Virginia UM/UIM claims after the 2023 changes, and our UM/UIM overview.
$500,000
Underinsured motorist claim litigated against our client's own insurer after it refused to pay.
Results depend on the facts of each case and do not guarantee or predict a similar result in any future case. Amounts are gross recoveries before attorney's fees, case expenses, and medical liens.
How long do I have to file a rideshare injury lawsuit?
You generally have three years in D.C. (D.C. Code § 12-301(8)) and Maryland (Md. Code, Cts. & Jud. Proc. § 5-101), and two years in Virginia (Va. Code § 8.01-243(A)). The jurisdiction where the crash happened usually controls, though crashes near borders can raise which state's law applies questions.
One shorter deadline to know: if a driver assaulted you rather than crashed, D.C. sets a one-year limit for assault and battery claims (D.C. Code § 12-301(4)). Statutes: Md. Code, Cts. & Jud. Proc. § 5-101; Va. Code § 8.01-243.
What we do in the first weeks of a rideshare case
- Lock down the app status. We request the trip and log-in data the statutes require companies to share, and in Virginia we send the written request under § 46.2-2099.52(G).
- Preserve the in-app record. Screenshots of your trip receipt, the driver's name and plate, and the route are easy to lose when an account is updated. Save them now.
- Identify every policy. The driver's personal policy, the company's policy, the other driver's policy, and your own UM/UIM coverage.
- Answer the arbitration question early, before anyone signs a release or agrees to a forum.
- Get your medical bills paid. In Maryland, PIP is part of the required rideshare coverage. See using your own insurance: PIP, MedPay, and UM/UIM.
Rideshare crashes are also car crashes, so the work described on our car and truck accident page, Maryland car accident page, and Virginia car accident page applies here too. For the full picture in each jurisdiction, see our D.C., Maryland, and Virginia injury law pages.
Frequently asked questions
Who pays if I am hurt as a passenger in an Uber or Lyft?
Usually the insurance that the rideshare company or driver must carry for trips pays first, because a passenger in the car falls within the highest coverage tier in D.C. and Virginia. In D.C. and Virginia that tier carries a minimum of $1 million in primary liability coverage, and in Maryland the statute requires at least $50,000 per person and $100,000 per accident plus uninsured motorist and PIP coverage. If another driver caused the crash, that driver's insurer is also responsible, and uninsured or underinsured motorist coverage may apply if the at-fault driver's insurance is too small.
Does it matter whether the rideshare driver had the app on?
Yes, the app status decides which insurance applies. With the app off, the driver's personal policy is the starting point. With the app on and the driver waiting for a request, D.C., Maryland, and Virginia all require at least $50,000 per person and $100,000 per accident, and once a ride is accepted D.C. and Virginia require at least $1 million. Maryland also lets a driver's personal insurer exclude coverage while the driver is providing rideshare services, which makes the app records critical.
Do I have to arbitrate my claim against Uber or Lyft?
Not necessarily. An arbitration clause binds only people who agreed to it and only the claims it covers, and a recent D.C. ruling held that a rider hurt in an Uber someone else ordered kept the right to go to court. An arbitration clause with the rideshare company also does not reach your claim against a different driver who caused the crash. We review the exact terms before you agree to any forum.
I was hit by an Uber driver while walking or biking. Can I still recover if the insurer says I was partly at fault?
In D.C., yes in most cases: your negligence does not bar recovery unless it was a proximate cause and greater than the combined negligence of the defendants (D.C. Code § 50-2204.52). Maryland and Virginia still apply contributory negligence, so any fault on your part can be raised as a complete defense. That makes witnesses, video, and early investigation especially important in Maryland and Virginia cases.
How do I find out what insurance covered the rideshare driver?
In Virginia, you or your lawyer can send the rideshare company a written request with the date, time, and location of the crash, and the company must respond within 30 days with the driver's app status, the primary insurer, and the driver's identity (Va. Code § 46.2-2099.52(G)). D.C. and Maryland require the company to cooperate in claims investigations by sharing log-on times. We send these requests at the start of the case.
How long do I have to sue after an Uber or Lyft crash?
Generally three years in D.C. and Maryland and two years in Virginia from the date of the injury. The deadline usually follows the jurisdiction where the crash happened. Claims for an assault by a driver can be shorter; in D.C., assault and battery claims have a one-year limit.
Related reading
- Uber and Lyft crashes in D.C.: who pays under the rideshare insurance rules
- Rideshare crash claims in D.C.: the insurance layers explained
- Hurt in an Uber someone else ordered? A D.C. ruling on arbitration and your day in court
- Gig delivery drivers: who insures the crash
- Virginia's UM/UIM law: an FAQ on policies and renewals
- Maryland PIP: the no-fault coverage most crash victims forget
- DMV Injury Guide: using your own insurance (PIP, MedPay, and UM/UIM)
- DMV Injury Guide: which state's law applies to your injury
Talk to a DMV rideshare injury lawyer today
The data that proves the driver's app status is controlled by the rideshare company, and Virginia's statute gives the company 30 days to answer a written request. Call us early so the request goes out while the records are fresh.
Posey Lebowitz PLLC · 3221 M Street NW, Washington, DC 20007
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Our office is in Georgetown, at 3221 M Street NW in Washington, D.C. We meet clients by phone or video, at their home or in the hospital when that is easier, and we appear in Maryland and Virginia courts.
More than $32 million recovered.
Plus more than $22 million in other assets.
Across more than 250 matters, in the District of Columbia, Maryland, and Virginia.
These case results are examples of matters handled by Posey Lebowitz PLLC. The outcome of any case depends on the specific facts and legal circumstances of that case. These results do not guarantee or predict a similar result in any future matter. Amounts shown are gross recoveries before attorney's fees, case expenses, and medical liens. Asset values are stated as of 2026 and will change.
Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.