Delaware Uber and Lyft Accident Lawyer: Rideshare Crash Claims

A crash in an Uber or Lyft raises a question an ordinary car accident does not: whose insurance applies? The answer in Delaware turns on what the rideshare driver was doing at the moment of the crash. A driver with the app off is treated like any other driver. A driver waiting for a ride request is covered one way, and a driver carrying a passenger is covered another way, with much higher limits.

This page explains how Delaware law handles rideshare insurance, what to do in the days after the crash, and when a lawyer can help. It is general information, not legal advice about your situation.

The Sharma Law Firm represents people hurt in Delaware rideshare crashes: passengers, other drivers, pedestrians, cyclists and rideshare drivers themselves. Delaware rideshare trips concentrate on the I-95 corridor between Wilmington, Newark and the beaches, and a crash on I-95 in Delaware is a Delaware claim even when the driver, the passenger and the app company are all based somewhere else. Aman Sharma, Esq. is a Delaware attorney, Delaware Bar ID No. 5706, and a military veteran. Our Spanish-speaking paralegals work with clients in Spanish. Call our 24/7 injury helpline at (302) 781-3077. Office meetings are by appointment at any of our 8 Delaware offices.

Who can bring a rideshare accident claim?

Rideshare crashes injure people in several different positions, and each has a different path to compensation.

• Passengers. A passenger is almost never at fault. The claim is usually against whichever driver caused the crash, and the rideshare company's insurance often plays a part.
• Drivers and passengers in other cars. If the rideshare driver caused the crash, the coverage available depends on the driver's app status at that moment.
• Pedestrians and cyclists. People struck by a rideshare vehicle may have claims against the driver and the applicable rideshare coverage, along with their own insurance. See our Delaware pedestrian accident and bicycle accident pages.
• Rideshare drivers. A driver hit by someone else can bring a claim against the at-fault driver, and may also have coverage through the rideshare policy.

How Delaware law sets rideshare insurance

Delaware regulates Uber, Lyft and similar services as transportation network companies in Title 2, Chapter 19 of the Delaware Code. Section 1908 sets minimum insurance for drivers, and the amounts change with the stage of the trip.

App off: the driver's personal policy

When the driver is not logged into the rideshare app, the rideshare coverage requirements in Chapter 19 do not come into play. The driver's personal auto policy is the starting point, the same as any Delaware crash.

Logged in and waiting for a ride request

Under 2 Del. C. § 1908(2), while a driver is logged into the app but is not on a prearranged ride, coverage must include at least $50,000 for death and bodily injury per person, $100,000 for death and bodily injury per incident, and $25,000 for property damage. The coverage must also include personal injury protection that meets Delaware's minimums and uninsured and underinsured motorist coverage of $100,000 per incident.

During a prearranged ride

Under 2 Del. C. § 1908(3), during a prearranged ride the coverage must be at least $1,000,000 for death, bodily injury and property damage, with uninsured and underinsured motorist coverage of $1,000,000 per incident and personal injury protection meeting Delaware's requirements.

When the driver's own coverage lapses

Section 1908(4) provides that if the driver's insurance lapses, the rideshare company's insurance must provide the coverage required during a prearranged ride, starting with the first dollar of the claim, and has a duty to defend the claim.

Proving the driver's app status

Because the limits depend on the stage of the trip, app status is often the first fact in dispute. Delaware law gives injured people a tool here. Under 2 Del. C. § 1910(c), a rideshare company must provide, on request, the precise times a driver logged on and off the app in the 12 hours before and after an accident. Insurers involved in the claim must also disclose the applicable coverages, exclusions and limits to the other insurers involved.

Screenshots of your trip receipt, the in-app trip history, messages with the driver and the rideshare company's incident report all help confirm the timeline. Save them before they are overwritten or deleted.

Your own insurance still matters

Delaware requires personal injury protection (PIP) on registered vehicles under 21 Del. C. § 2118, with minimum limits of $15,000 for one person and $30,000 for all persons injured in one accident. PIP covers reasonable and necessary medical expenses, lost earnings and certain other losses. Expenses must be submitted to the insurer as promptly as practical, and in no event more than 2 years after they are received.

Which PIP policy pays first, yours, the rideshare driver's or the rideshare policy's, depends on the policies involved and your role in the crash. Amounts that PIP covers generally cannot also be claimed from the at-fault driver under § 2118(h), so the injury claim focuses on losses above and beyond PIP, including pain and suffering.

Your own uninsured motorist (UM) and underinsured motorist (UIM) coverage under 18 Del. C. § 3902 can also apply, for example when the at-fault driver has no insurance or too little to cover your losses.

Fault in a rideshare crash

Delaware uses modified comparative negligence under 10 Del. C. § 8132. You can recover if your share of fault is not greater than the combined fault of the defendants, and your damages are reduced by your percentage of fault. A rideshare passenger rarely carries any fault. Other drivers, pedestrians and the rideshare driver may each be assigned a share, which is why the crash report, witness statements and vehicle damage matter.

What to do after an Uber or Lyft crash in Delaware

1. Get medical care. Emergency departments and your own doctor create the medical record your claim depends on.
2. Report the crash. Delaware requires drivers to report crashes involving injury or death to police under 21 Del. C. § 4203. Ask for the report number.
3. Report it in the app. Use the rideshare app's safety or incident report feature, and screenshot the trip details first.
4. Photograph everything. Vehicles, plates, the driver's rideshare decal, road conditions and your injuries.
5. Collect names. The rideshare driver, other drivers, passengers and witnesses.
6. Be careful with recorded statements. Several insurers may call you. You are not required to give the other side's insurer a recorded statement before speaking with a lawyer.
7. Talk to a Delaware lawyer early. The app-status records and vehicle data are easier to preserve in the first weeks.

Deadlines

Delaware's general deadline for personal injury claims is two years from the date of the injury under 10 Del. C. § 8119, and a claim for wrongful death generally has two years from when the cause of action accrued under 10 Del. C. § 8107. Deadlines vary by claim, and insurance notice requirements can be much shorter. Talk to us before assuming you have time.

How we handle rideshare accident claims

We start by pinning down the trip timeline and every policy that may apply. We request the app login records the statute allows, gather the crash report and medical records, and put each insurer on notice. Where more than one policy applies, we work out the order in which they pay so that nothing is left on the table. If an insurer will not make a fair offer, we are prepared to file suit in Delaware Superior Court.

If you were also hurt while working as a rideshare driver, we can talk through how your status with the company affects your options. Our Delaware car accident lawyer page covers crash claims more broadly, and our out-of-state driver page explains crashes involving visitors and drivers from Pennsylvania, Maryland and New Jersey.

Fees and case costs

No attorney's fee unless we recover. We advance all case costs, and if we don't win, you owe nothing. Our contingency fee is 33.33% of the recovery. Fee percentages vary from firm to firm, so ask any lawyer you're considering to state theirs in writing.

Frequently asked questions about Delaware rideshare accidents

Does Uber or Lyft insurance cover me as a passenger in Delaware?

During a prearranged ride, Delaware law requires rideshare coverage of at least $1,000,000 for death, bodily injury and property damage under 2 Del. C. § 1908(3). Whether that policy or another driver's policy pays depends on who caused the crash.

What if the rideshare driver did not have a passenger when the crash happened?

If the driver was logged into the app and waiting for a request, Delaware requires lower minimums: $50,000 per person and $100,000 per incident for bodily injury, and $25,000 for property damage. If the app was off, the driver's personal policy is the starting point.

How do I prove the driver was logged into the app?

Delaware law requires rideshare companies to provide, on request, the times a driver logged on and off in the 12 hours before and after the accident. A lawyer can make that request and use it with your trip receipt and messages.

Can I sue Uber or Lyft directly?

Most claims run through the insurance the company is required to carry rather than a lawsuit against the company itself. Whether the company can be a defendant depends on the facts, so it is worth a case review.

Will my own car insurance go up if I was a rideshare passenger?

Rating decisions belong to your insurer and depend on your policy. A passenger who did not cause the crash is in a different position from an at-fault driver, and we can review your policy language with you.

How long do I have to file a rideshare accident claim in Delaware?

The general deadline for personal injury claims is two years under 10 Del. C. § 8119, but insurance notice deadlines can be shorter. Contact us soon after the crash.

Do you handle rideshare crashes outside Wilmington?

Yes. We represent rideshare crash victims throughout New Castle, Kent and Sussex counties from 8 Delaware offices, with meetings by appointment.

Free rideshare accident case review

Call (302) 781-3077 any time, or use the case review form on this page. Hablamos español. Submitting the form does not create an attorney-client relationship.