Uber & Lyft Accident Lawyer
in West Virginia

You might know what to do following a typical car accident. But what if an Uber hit you in an intersection? Or if you were a passenger in a Lyft and got seriously hurt in a crash? Maybe you’re a gig worker who makes money as a rideshare driver and you got hit by a reckless motorist—what then?

The rising number of Uber and Lyft users means an increase in rideshare accidents all over Kanawha County. A rideshare passenger or person in another vehicle who gets hurt in one of these collisions can pursue an injury claim against the at-fault driver. Rideshare drivers may also have legal options depending on what happened during the crash.

Taking on rideshare corporations and insurance companies isn’t easy, which is why you need skilled attorneys from Warner Law Offices, PLLC on your side. To request a free consultation with experienced Uber/Lyft accident lawyers near you, contact our Charleston, WV law firm today.

Table Of Contents
  • How Long Do I Have to File a Rideshare Accident Claim?
  • How Uber and Lyft Insurance Requirements Affect Claims
  • Why Choose Our Law Firm for Your Rideshare Accident Case
  • Who Is Liable in an Uber or Lyft Accident Case?
  • Common Causes of Uber and Lyft Accidents
  • Available Damages in an Uber or Lyft Accident Claim

How Long Do I Have to File a Rideshare Accident Claim?

West Virginia enforces a two-year statute of limitations for filing an injury lawsuit following an auto accident. If you miss this deadline, the court will dismiss your case, and you won’t get the compensation you hoped to receive.  

Even though you may have plenty of time to file a rideshare accident claim, waiting too long isn’t advisable. The longer you wait, the harder the case will be to investigate and gather evidence to support your claim. It’s best to contact our Uber and Lyft accident attorneys in Charleston for a free case review so we can determine if you have a viable claim.

How Uber and Lyft Insurance Requirements Affect Claims

Determining where to turn for damages following a Lyft or Uber accident can be challenging. You must file your claim with the correct insurance company to get compensation as soon as possible.

West Virginia is an at-fault insurance state, so the at-fault driver’s insurance policy pays first for damages. The state’s mandatory insurance coverage includes $25,000 for one crash with one injury, $50,000 for one crash with two or more injuries, and $25,000 in property damage. Some drivers carry additional insurance.

Sometimes, you can make claims against Uber insurance and Lyft insurance for drivers. Both companies provide the same level of coverage for most accidents. Whether you can seek compensation from those policies depends on the driver’s status at the time of your accident.

The Rideshare Driver Wasn’t on Duty

If the Uber or Lyft driver involved in your crash wasn’t logged into the app and seeking work, their personal insurance policy covers damages when they are at fault. If the rideshare driver’s insurance isn’t enough to cover your damages, or if they refuse to accept liability, you can file a personal injury lawsuit.

The Rideshare Driver Was on Duty Without an Active Trip

If a rideshare driver logs into the app and seeks rides but is not en route or has a passenger, Uber and Lyft insurance will cover damages from accidents. The rideshare insurance provides up to $25,000 in property damage, $50,000 for injuries, and $100,000 per accident in these situations.

The Rideshare Driver Was Carrying a Passenger or Picking One Up

If the rideshare driver was en route to a pickup or had a passenger during your accident, Uber and Lyft provide up to $1 million in liability coverage and underinsured/uninsured motorist coverage.

How Our Rideshare Attorneys Can Help After a Collision 

Our experienced Charleston Uber and Lyft accident lawyers will work with the rideshare company to determine the driver’s status at the time of your accident. Our law firm will work with the insurance company to pursue a fair settlement and advise you of the next steps to consider if insurance isn’t enough to cover your damages.

Image showcasing Warner Law Offices, PLLC attorneys as well as how the firm has been rated five-stars and named a top personal injury law firm in the U.S

Why Choose Our Law Firm for Your Rideshare Accident Case

To improve your chances of receiving compensation, you need a skilled Uber and Lyft accident lawyer to review your case, determine who is liable, and fight for compensation. Warner Law Offices, PLLC will thoroughly investigate your accident and value your claim appropriately based on your financial losses and non-economic damages.

Boutique Law Firm with Big Results

Our law firm is fiercely committed to our clients. When you partner with our accident lawyers, you have an accomplished legal team who have earned many accolades, including recognition from Newsweek as a Premier Law Firm and being named a Top 10 Personal Injury Attorney in 2024 by Best of the Best Attorneys.

We Can Handle the Insurance Company for You

Our rideshare accident lawyers know insurance companies’ tactics for denying or minimizing claims. We will handle all negotiations with the insurance company for you and, if necessary, take your case to trial. Focus on recovering from your injuries while we work for you.

We Have Won Millions for Clients

While every auto accident case is different, our lawyers have achieved notable multi-million dollar verdicts and settlements for past clients. Some notable case results include:

  • $13 million in an auto accident claim
  • $9 million in a wrongful death lawsuit
  • $5.5 million in a semi-truck collision case

Great Testimonials from Past Legal Clients

Our rideshare accident lawyers are motivated by righting injustices and leveling the playing field for everyday West Virginians. We are proud of the client testimonials and reviews we have received because they show the difference we can make for our neighbors throughout the state.

Attorneys Born and Raised in West Virginia

The attorneys of Warner Law Offices, PLLC were all born and raised here in West Virginia. Our lawyers know the people in Kanawha County and nearby communities. We are also aware of local intersections and highways that are dangerous as well as times when rideshare demand is high in the region.

Clients Pay Nothing Unless We Win

We know that a major auto accident can upend your life and your finances. That’s why we work on a contingency fee basis. That means that you will only pay us if we can negotiate a settlement or secure damages in a jury trial. If we don’t win, you don’t pay.

Get a Free Case Review with Our Charleston Uber and Lyft Accident Lawyers

Do not delay. Our attorneys are ready to listen and help you seek compensation after a rideshare crash. To share what happened with experienced and trusted Uber and Lyft accident attorneys near you, contact our Charleston law office today.

Who Is Liable in an Uber or Lyft Accident Case?

Under the legal doctrine of vicarious liability, employers can be held responsible for the negligent actions of employees acting within the scope of their employment. Under this law, rideshare companies would seemingly be liable for many Lyft and Uber accidents.

However, both of these rideshare companies try to avoid employment laws and liability in accident claims by claiming their drivers are independent contractors, not employees. As such, their attorneys argue that Uber and Lyft are not responsible for their drivers’ actions.

Liability in Rideshare Crashes Can Be Complicated

Sometimes, the driver and the rideshare company claim the accident wasn’t the driver’s fault. If blame shifts to you in an accident with an Uber or Lyft vehicle, your insurance pays damages. If you were a rideshare passenger at the time of an accident and your driver denies responsibility, you may have to seek compensation from the other driver’s insurance company. If you are a rideshare driver who was hit by another vehicle, you can potentially seek compensation from the driver of that other vehicle.

Additional parties may have also caused or contributed to an Uber or Lyft accident. Vehicle defects or faulty auto parts may have made the rideshare vehicle unsafe to operate, meaning that the automaker, the parts manufacturer, or someone who recently performed maintenance on the vehicle could be partly responsible for a crash. Issues with road conditions may have also played a role, which may mean local road authorities share some responsibility for a crash.

This is why you need an experienced attorney on your side. The team at Warner Law Offices, PLLC can determine how to pursue damages in these complex cases and the best path forward. Partner with our Uber and Lyft accident lawyers in Charleston, WV so we can assist with navigating liability in your claim.

Common Causes of Uber and Lyft Accidents

Rideshare crashes share many of the same causes as car accidents in Charleston. Here are five of the most common reasons Uber and Lyft collisions occur in West Virginia.

Speeding and Reckless Driving

Uber and Lyft drivers are often in a hurry to pick up and drop off their passengers. This can lead to exceeding the speed limit, frequent lane changes, taking ill-advised shortcuts, and other kinds of erratic behaviors behind the wheel. When rideshare drivers take risks, it can put other motorists and passengers in danger.

Distracted Driving

Rideshare drivers are often checking their phones for the next fare or following directions to a set destination. Even when the phone is mounted on the dashboard or on an air vent, anytime a driver’s eyes are on a screen means their attention isn’t on the road. A momentary distraction is all it takes to increase the chances of a collision.

Driver Fatigue

Uber and Lyft drivers often spend long hours behind the wheel. Many work shifts late at night for people in need of a ride after an evening out. Long hours and late nights can lead to drowsiness while driving. We often think of truck driver fatigue accidents in this context, but Uber and Lyft drivers can similarly be sluggish or fall asleep behind the wheel due to a lack of rest.

Lack of Familiarity with the Area

While Uber and Lyft drivers get around quite a bit, they aren’t always familiar with the places they’re driving to. A lack of familiarity with an area could mean accidentally missing a stop sign, making a last-second turn, or even traveling the wrong way down a one-way street.

Lack of Vehicle Maintenance

Uber and Lyft do not own a commercial fleet of vehicles. Rideshare drivers use their own cars and SUVs to pick up passengers. If the rideshare driver doesn’t get their brakes checked or misses any essential vehicle maintenance, they could be putting themselves, their passengers, and others on the road in danger.

Available Damages in an Uber or Lyft Accident Claim

After an Uber or Lyft collision, legal damages help compensate accident victims for their losses. You can pursue both economic damages and non-economic damages after a rideshare crash.

The team at our Charleston law office can help you understand the real value of your Uber or Lyft accident case. Our attorneys can review any medical or vehicle repair bills, changes to your quality of life, and the different ways that the rideshare accident affected your financial situation.

Economic Damages in a Rideshare Accident

Economic damages compensate Uber and Lyft accident victims for the quantifiable losses related to the crash. This includes:

  • Current and ongoing medical expenses
  • Cost of vehicle repairs
  • Damage to other personal property
  • Lost wages
  • Lost future earning capacity

Non-Economic Damages in a Rideshare Accident

Non-economic damages compensate Uber and Lyft accident victims for intangible losses that aren’t as easy to quantify. This includes:

  • Emotional distress
  • Changes in mood or mental health
  • Loss of companionship
  • Pain and suffering

Damages After a Fatal Uber or Lyft Accident

If you lose a loved one in a fatal Uber or Lyft accident, our Charleston rideshare lawyers can seek damages in a wrongful death lawsuit. Damages sought after a fatal Uber or Lyft collision include pain and suffering, your loved one’s medical expenses before death, funeral costs, loss of companionship, lost financial support, and mental anguish.

Infographic detailing rideshare accident laws in West Virginia regarding negligence and liability

Contact Our Uber and Lyft Accident Lawyers in Charleston, WV

Warner Law Offices, PLLC has a proven history of getting injured West Virginians the compensation they deserve. Our skilled rideshare crash lawyers will handle every step of the process so you can focus on recovering. If you were involved in an Uber or Lyft accident and need an experienced attorney near you, contact our Charleston law office. We’re ready to level the playing field.

"After an accident, you need a law firm you can trust. When you hire Warner Law Offices, it's like coming home. I was born and raised in West Virginia and went to school right here in West Virginia. I know the local courts, the local doctors, and how to negotiate the best settlement. When a case goes to trial, I know how to relate to local juries. If you've been injured in a car wreck, call me."

Meet Our Attorneys

Bobby Warner Esq.

Truman Griffith Esq.​

Andrew D. Byrd Esq.​

Nate Kuratomi Esq.

Nate Kuratomi Esq.

Thom Boggs Esq.

Thom Boggs Esq.

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Our Charleston Office
Charleston, WV Office
227 Capitol Street
Charleston, WV 25301
Our Case Results
$13M
Recovered for Auto Accident Clients
$12.4M
Medical Negligence
$9M
Wrongful Death
$9M
Wrongful Death
$7M
Injured Worker
$5.5M
Truck Accident
$3M
Wrongful Death
$2.5M
Burn Injury
$2.1M
Sexual Abuse
$500K
Medical Malpractice
Attorney Bobby Warner
Content Legally Reviewed by:
Bobby Warner

Bobby has received many accolades throughout the years from both his peers in the legal community, as well as the media. The National Trial Lawyers association named Bobby a Top 100 Trial Lawyer and he has been selected as a Member of the Nation’s Top One Percent. Additionally, he has been named a Best Attorneys of America by Rue Ratings, which also named Warner Law Offices to its Best Law Firms of America.

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