Rideshare services like Uber and Lyft are now a regular part of daily life in Delaware. When a rideshare vehicle is involved in a crash, however, injured passengers, drivers, and other people on the road often find themselves dealing with layered insurance policies and complicated questions about the responsible party.
Rhoades & Morrow is a Delaware law firm that represents people injured in Uber, Lyft, and other rideshare accidents across the state, helping them understand their rights and the legal process after a severe collision.
Rideshare Accidents in Delaware
Rideshare accidents can involve:
- Passengers riding in an Uber or Lyft
- The rideshare driver
- Occupants of other vehicles
- Pedestrians and cyclists struck by a rideshare vehicle
These crashes may occur on highways, in busy downtown areas, or on neighborhood streets. Like any car accident, they can cause significant injuries and financial losses, but the added involvement of rideshare companies and multiple insurance policies makes these cases more complex than a typical collision.
Common Causes of Rideshare Accidents
Many Delaware rideshare accidents are caused by the same types of negligence seen in other motor vehicle crashes, including:
- Distracted driving (checking the app, GPS, or phone)
- Speeding or aggressive driving to reach the subsequent ride request
- Failing to yield at intersections or crosswalks
- Following too closely and rear‑end collisions
- Unsafe lane changes or merging without checking blind spots
- Fatigued driving, especially for drivers working long hours
- Impaired driving due to alcohol or drugs
Weather, nighttime driving, and unfamiliar routes can increase these risks for Lyft and Uber drivers and everyone sharing the road.
Types of Rideshare Accidents and People Injured
Rideshare accidents in Delaware may involve:
- Passenger injuries inside an Uber or Lyft
- Collisions with other vehicles, including rear‑end and side‑impact crashes
- Pedestrians or cyclists struck by a rideshare vehicle
- Multi‑vehicle crashes involving a rideshare car and several other vehicles
- Hit‑and‑run incidents, where the at‑fault driver flees the scene
People injured in these accidents may suffer broken bones, head and brain injuries, spinal injuries, soft‑tissue damage, or other serious harm that requires ongoing medical care and time away from work.
Insurance Coverage and Rideshare Driver Status
In Delaware, insurance coverage for rideshare accidents depends heavily on the rideshare driver’s status in the app at the time of the crash. State law regulates transportation network companies (TNCs) such as Uber and Lyft and requires specific levels of coverage.
1. App Off / Driver Not Logged In
If the Uber or Lyft driver is not logged into the app, the crash is treated like any other car accident. The driver’s personal auto insurance applies, subject to Delaware’s minimum insurance requirements and any additional coverage they purchased.
2. App On / Waiting for a Ride Request
When the driver is logged into the TNC app and waiting to be matched with a passenger, Delaware requires at least:
- $50,000 in bodily injury coverage per person
- $100,000 in bodily injury coverage per accident
- $25,000 in property damage coverage
- Personal Injury Protection (PIP) benefits of at least $15,000 per person / $30,000 per accident
These limits can come from the driver’s own policy with a rideshare endorsement or from the rideshare company’s insurance if the driver’s personal policy does not apply.
3. En Route to Pick Up or Transporting a Passenger
If the driver has accepted a ride request or is actively transporting a passenger, Delaware requires at least $1,000,000 in primary automobile liability coverage for death, bodily injury, and property damage.
Transportation network companies must also carry at least $1,000,000 in uninsured/underinsured motorist coverage for these trips, along with PIP benefits at Delaware’s minimum levels.
Because several policies may apply at different stages of the ride (the driver’s insurance, Uber’s insurance, Lyft’s insurance, and potentially another driver’s policy), rideshare accidents often involve layered insurance coverage and multiple parties. A Delaware Uber accident lawyer can help sort out which insurance company is responsible for paying medical bills, lost wages, and other damages.
What to Do After a Rideshare Accident in Delaware
If you are involved in a rideshare accident as a passenger, driver, or other road user:
- Check for injuries and move to a safe place if you can do so safely.
- Call 911 if anyone is injured so police and emergency medical personnel can respond.
- Seek medical attention as soon as possible, even if you believe your injuries are minor. Prompt treatment also helps document your injuries.
- Gather contact details and insurance information for all parties involved, including the rideshare driver and any other drivers.
- Take photos or videos of the accident scene, vehicle damage, road conditions, and visible injuries.
- Obtain the rideshare trip information from the app, including the ride request details, time, and driver’s name.
- Ask how to obtain the police report, which may be available later and can be necessary for your personal injury claim.
- Report the crash through the rideshare app, following Uber or Lyft’s accident reporting process.
- Contact a Delaware Uber accident lawyer to discuss your rights before giving a detailed statement to an insurance company.
Delaware law also requires Uber and Lyft to preserve and disclose specific app data, including information from the 12 hours before and after an accident, which can be crucial evidence in a rideshare injury case.
How Delaware Injury Lawyers Help in Rideshare Accidents
Rideshare accidents often involve multiple parties, overlapping insurance coverage, and disputes about who is responsible. Experienced personal injury attorneys can:
- Investigate how the accident occurred and identify all parties involved
- Obtain police reports, app data, and other electronic records from the rideshare company
- Review medical records and document medical bills, lost wages, and other losses
- Analyze the driver’s status at the time of the crash and the applicable insurance coverage
- Handle communication and negotiation with each insurance company
- File a personal injury claim and, if needed, pursue legal action in court
A lawyer familiar with Delaware law, comparative negligence rules, and transportation network company regulations can help level the playing field when dealing with large rideshare companies and their insurers. Most Delaware personal injury lawyers, including Rhoades & Morrow, offer a free consultation and work on a contingency fee basis, meaning attorney fees are typically only paid if compensation is recovered.
Compensation in Delaware Rideshare Personal Injury Claims
Rideshare accident victims may be entitled to seek compensation for:
- Medical expenses and future medical care
- Lost wages and, in some cases, reduced earning capacity
- Property damage, including damage to personal vehicles or other property
- Pain and suffering
- Emotional distress
- Other accident‑related out‑of‑pocket costs
In Delaware, most personal injury claims, including those stemming from Uber accidents, must be filed within 2 years of the accident. Failing to file within this statute of limitations can result in losing the right to pursue legal action.
Delaware also follows a modified comparative negligence rule. An injured person can usually recover compensation if they are 50% or less at fault, with their recovery reduced by their percentage of responsibility. If they are more than 50% at fault, they may be barred from recovering damages.
Frequently Asked Questions
Can I sue Uber if I get into an accident?
You may be able to pursue legal action if you were injured in a rideshare accident, but whether Uber itself can be named as a defendant depends on the facts of the case, the driver’s status, and the applicable insurance coverage. Often, claims are brought against the at‑fault driver and the policies associated with that driver and the rideshare company, rather than directly against Uber or Lyft.
Do I get compensation if my Uber crashes?
If you are a passenger in an Uber or Lyft and the vehicle is involved in a car accident, you may be entitled to compensation for medical bills, lost wages, and other damages through the at‑fault party’s insurance and, when applicable, Uber’s or Lyft’s $1,000,000 liability coverage. The specific coverage depends on whether the driver was logged into the app, en route, or actively transporting you at the time of the crash.
How long after a rideshare accident can I sue in Delaware?
In most cases, you have two years from the date of the accident to file a personal injury lawsuit in Delaware. Waiting longer than two years may prevent you from pursuing a claim in court.
Is it worth getting an attorney after an Uber or Lyft car accident?
Because rideshare accidents involve multiple insurance policies and questions about the driver’s status, many injured victims find it helpful to work with a Delaware Uber accident lawyer. An attorney can explain your options, evaluate the strength of your claim, and handle negotiations with the insurance company while you focus on medical care and recovery.
Who pays my medical bills after a rideshare accident in Delaware?
Payment may come from a combination of Personal Injury Protection benefits, the at‑fault driver’s insurance policy, and Uber’s or Lyft’s insurance coverage, depending on how the crash happened and the driver’s status in the app. In some cases, underinsured motorist coverage can also help if the at‑fault driver’s coverage is not enough. An attorney can review the policies involved and help identify all available sources of compensation.
