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Rideshare claims turn on a question that has nothing to do with how the collision happened: what the driver was doing on the app at the moment of impact. Coverage steps up and down depending on whether the app was off, on and waiting, or engaged with a ride — and the difference between those states is substantial. Law Offices Of SRIS, P.C. handles motor vehicle claims in Virginia, Maryland, the District of Columbia, New Jersey and New York.

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Establishing the app status

The company’s trip records establish the driver’s status at the moment of impact, and they are the pivotal evidence. They should be requested promptly and in writing. The driver’s own account is a starting point rather than proof, and drivers are sometimes mistaken about their status. Where a passenger was in the vehicle, the trip record is straightforward; where the driver was between rides or logged on and waiting, the position is more contested and the coverage tier different.

The three coverage periods

Broadly, three states. App off: the driver’s personal policy applies, and personal policies commonly exclude commercial use. App on but no ride accepted: a contingent tier applies, typically at lower limits. Ride accepted or passenger on board: the substantially higher commercial tier applies. Which tier governs is determined by the trip data, not by anyone’s recollection, which is why obtaining that record early matters so much.

Who can claim

Passengers, occupants of other vehicles, pedestrians and cyclists may all have claims. A passenger in a rideshare vehicle is rarely at fault, which simplifies liability, though the claim may still be contested on injury. Where the rideshare driver was not at fault, the claim runs against the other driver, and the rideshare policy may still provide uninsured or underinsured coverage depending on the tier and the terms.

How these claims are contested

On app status, because the coverage difference between tiers is large. On whether the driver was an independent contractor and what that means for the company’s own responsibility. On the injury, in the usual way. Expect the trip data to be produced only on proper request, and expect the driver’s personal insurer to deny coverage where commercial use is excluded.

Acting properly

Record the driver’s name, the vehicle and the trip details at the scene, and screenshot the trip in the app if you were the passenger — that record can disappear from your account view. Request the company’s trip data in writing promptly. Identify the applicable coverage tier before negotiating anything. And check your own uninsured and underinsured coverage, which may apply regardless of the rideshare position.

Available insurance coverage

What can be recovered is limited by what coverage exists. The at-fault party’s policy is the starting point, but it is frequently not the only source: the injured person’s own uninsured and underinsured motorist coverage, household policies, employer coverage where a vehicle was used for work, umbrella and excess layers, and the coverage of any additional responsible party can all apply. Underinsured coverage typically requires notice and consent before any settlement with the at-fault party — settling first can forfeit it. Identifying every available layer is early work, not closing work.

How damages are categorised and proven

Damages are not a single number that gets negotiated. They are separate categories, each proven by different evidence. Past medical expense is proven by billing records and the reasonableness of the charges. Future medical expense requires a physician’s opinion that the care is reasonably certain to be needed. Lost income is proven by employment and tax records; lost earning capacity is a different and larger question requiring vocational and economic analysis. Non-economic loss — pain, limitation, and the effect on daily life — is proven through the medical record and through testimony from people who can describe specific changes rather than general decline. No one can responsibly tell you what a case is worth before that evidence exists, and any figure offered at the outset is a guess.

Filing deadlines

Every injury claim is governed by a statute of limitations, and the periods differ by state and by claim type. For personal injury actions the period is two years in Virginia under Va. Code § 8.01-243(A), accruing at the date of injury; three years in Maryland under Md. Code, Cts. & Jud. Proc. § 5-101; three years in the District of Columbia under D.C. Code § 12-301(8); two years in New Jersey under N.J.S.A. 2A:14-2; and three years in New York under N.Y. C.P.L.R. § 214(5). These are general periods. Discovery rules, tolling for minors and incapacity, claims against government entities — the District imposes a six-month notice-of-claim requirement for claims against the District government — and claim-specific statutes can shorten or extend them. Do not rely on a general period for your own case; have the deadline confirmed on your facts.

Frequently Asked Questions

What are the three coverage periods?

App off, where the driver’s personal policy applies and commonly excludes commercial use; app on but no ride accepted, where a contingent tier applies at lower limits; and ride accepted or passenger on board, where a substantially higher commercial tier applies. The trip data determines which one governs.

I was a passenger. What coverage applies?

The highest tier, because a ride was in progress. As a passenger you are also very unlikely to bear any fault, which simplifies liability. The claim may still be contested on the nature and extent of your injuries in the usual way.

How do I prove the driver was on the app?

Through the company’s trip records, which should be requested in writing promptly. The driver’s recollection is a starting point but not proof, and drivers are sometimes wrong about their status. If you were the passenger, screenshot the trip in your own app immediately, because that view can change.

What if the driver was between rides?

Then the contingent tier typically applies, at lower limits than when a ride is in progress. That gap is exactly why establishing app status matters, and it is also why your own uninsured and underinsured coverage should be checked, since it may fill the difference.

Can I claim against the company itself?

That depends on the jurisdiction and the facts, and it involves questions about the driver’s status as an independent contractor. In most cases the practical route is the applicable insurance tier rather than a direct claim against the company. It is worth assessing rather than assuming either way.

I was in another car hit by a rideshare driver. What now?

The same analysis applies — the applicable tier depends on the rideshare driver’s app status at impact, and the trip data should be requested. Your own coverage should also be reviewed, particularly if the applicable tier turns out to be the lower contingent one.

What should I do at the scene?

Get the driver’s name, the vehicle registration and the trip details, photograph the vehicles and the scene, identify witnesses, and if you were the passenger, screenshot the trip record in the app. Report the incident through the app as well, which creates a record with the company.

How long do I have to bring a claim?

Two years in Virginia and New Jersey, three years in Maryland, the District of Columbia and New York for personal injury actions, subject to tolling and discovery rules. Trip data should be requested well before that, because records and your own app history do not remain accessible indefinitely.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him. In 2019 Mr. Sris testified before the Virginia House Courts of Justice Committee on House Bill 635.

Speak with Mr. Sris

Injury claims are governed by filing deadlines that vary by state and by claim type, and evidence degrades quickly. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 22, 2026.

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