What Are Your Rights After a Rideshare Accident in Delaware?

Many riders in Delaware enjoy the convenience of reserving an Uber or Lyft ride. Many drivers enjoy the extra income and the ability to control their work hours that come with driving an Uber or Lyft vehicle. Like all motorists, rideshare drivers owe a duty to passengers, the occupants of other vehicles, pedestrians, and bicyclists to drive safely.

If you’re in a rideshare accident, you should preserve any evidence that you have confirming your request and acceptance of a ride. You should also call our experienced Delaware rideshare accident lawyers. We hold drivers accountable for the car accidents they cause. We can also pursue available Uber and Lyft insurance coverage when a driver using the app causes an accident.

Do Uber and Lyft have coverage for rideshare accident claims in Delaware?

If you are in an accident with an Uber or Lyft driver in Delaware, then the following insurance should pay for your financial and personal damages. These damages include your medical bills, lost wages, pain and suffering, property damage, the inability to enjoy life’s pleasures, and any other damages.

• The driver’s liability and PIP insurance. In Delaware, all drivers must have minimum liability insurance coverage and personal injury protection (PIP) insurance.
  • PIP insurance. The minimum PIP coverage in Delaware is $15,000 per person and $30,000 per accident, and it generally covers medical expenses, lost wages, and certain related expenses regardless of fault.
  • Liability insurance. The minimum bodily injury liability insurance in Delaware is $25,000 per person and $50,000 per accident. Drivers must also carry at least $10,000 in property damage liability coverage. To recover from a driver’s liability insurance for damages beyond PIP coverage—such as pain and suffering—you generally must show that the driver was at fault.
• Rideshare insurance if the driver’s app is on, but the driver hasn’t accepted a ride. When an Uber or Lyft driver is logged into the app but has not yet accepted a ride, Delaware law requires insurance coverage of at least $50,000 per person, $100,000 per accident for bodily injury, and $25,000 for property damage. This coverage may be provided by the driver’s insurer or the transportation network company.
  • Drivers are considered available for rides when logged into the rideshare platform, though insurance coverage differs depending on whether a ride has been accepted.
• Rideshare insurance if the driver has accepted a ride. When a rideshare driver has accepted a ride or is transporting a passenger, Delaware law requires at least $1,000,000 in primary automobile liability coverage per accident. This coverage applies while the driver is en route to pick up the passenger and while the passenger is in the car. The Uber and Lyft coverage protects passengers in the vehicle, the occupants of other vehicles, pedestrians, and bicycle riders.

Other insurance policies that may provide protection, if the victim has coverage, include an uninsured/underinsured (UM/UIM) policy and a collision insurance policy.

Our seasoned personal injury lawyers can show how accidents happen, who is responsible, and what insurance coverage should apply.

What steps should I take if I’m involved in a rideshare accident?

If you’re involved in an accident as a rideshare passenger or as another person injured by the rideshare driver, you should take the following steps (as long as it’s safe to do so):

• Contact the local police by calling 911. The police can collect everyone’s contact information, driver’s license information, vehicle registration information, and insurance information. They’ll also investigate the accident.
• Seek medical attention. If your injuries are serious, the police should arrange for emergency medical transportation (such as an ambulance). Otherwise, you should seek a medical review at an ER, your family doctor, or a specialist as soon as possible.
• Keep your Uber account active. As the insurance analysis above indicates, it’s important (if you’re a passenger) to keep a digital record of your request for an Uber or Lyft ride, confirmation of the ride, and the route (if possible) that the driver took while you were a passenger.
• Take photographs at the accident site. You or someone with you should take photos of the accident location, the damage to the vehicles, and your injuries. The injury photos should show you at your worst (bleeding, bruises, distress, and other signs of your injuries).
• Call your own insurance company. If you own a car and have liability and/or UM/UIM insurance, you should call your carrier so they have notice of the accident. They have a right to investigate the accident.
• Contact our rideshare accident lawyers. We’ll review what happened, explain your rights, and fight for all the compensation you deserve.

Obtaining confirmation that the driver was on duty

Passengers should have some record of their request for a ride from a rideshare driver and the acceptance of the ride. Other victims will need to obtain that information from Uber or Lyft through the litigation process. Passengers also need to review the records that Uber and Lyft have about the ride.

Rideshare data includes confirmation of the following:

• The driver’s app was on
• A ride was accepted
• A passenger entered the rideshare vehicle
• The GPS route data

Other data that Uber, Lyft, or the driver may have includes vehicle speed and any mobile phone records.

Since Uber and Lyft control this data, our rideshare accident lawyers will need to formally request the data through the formal discovery process.

Speak with our Delaware rideshare accident lawyers now

At Silverman, McDonald & Friedman, Attorneys at Law, we have more than 100 years of combined experience fighting for car accident victims. Our personal injury lawyers understand the unique issues involved in rideshare accident claims. We’re ready to hold rideshare drivers, Uber, and Lyft accountable for the accidents they cause.

Please call us or fill out our contact form to schedule a free consultation. We represent Uber and Lyft accident victims on a contingency fee basis. We only receive compensation if your claim is successful.