What Coverage Exists for Uber Passengers In Virginia

Justin SheldonJanuary 21, 2022

As a result of the rapidly expanding popularity of ride-share apps like Uber in Virginia, more accidents are happening. Therefore it is necessary for passengers who are injured during a ride with one of these companies to know their legal rights. Any accidents should be well documented so accident victims can seek compensation and damages from their Uber driver’s negligence.

Uber is considered a transportation network company (“TNC”). Under Virginia Code §46.2-2000, a TNC is a person or company “who provides prearranged rides using a digital platform that connects passengers with” drivers (classified as “TNC partners”). Lyft and Sidecar are also considered TNCs. 

As of January 1, 2016, Virginia Code § 46.2-2099.52 requires TNCs to provide  $1 million in both liability coverage and UM/UIM coverage. They must do this directly or through their drivers’ own TNC policies. 

In almost every case, a driver’s personal auto policy does not apply to Uber driving due to policy exclusions for taxi-like driving. 

Virginia Code § 46.2-2099.52(6) extends insurers more protection by excluding coverage for TNC driving unless the policy carries explicit coverage for such taxi-like driving.

With regard to uninsured (“UM”) and underinsured (“UIM”) motorist coverage, Virginia’s UM Statute, Va. Code Section 38.2 -2206, governs the priority of coverage. 

There is more than one applicable policy that can provide UM/UIM coverage, including: 

  • (1) The policy covering a motor vehicle occupied by the injured person at the time of the accident 
  • (2) the policy covering a motor vehicle not involved in the accident under which the injured person is a name insured
  • (3) the policy covering a motor vehicle not involved in the accident under which the injured person is an insured other than a named insured.

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