All Laws Decoded

Uber and Lyft Accident Claims in West Virginia

The insurance West Virginia requires for Uber and Lyft drivers before and during a ride, how fault is shared, and the deadline to sue.

Short answer: While a West Virginia rideshare (transportation network company) driver is logged on and available but not on a ride: primary liability insurance of at least $50,000 per person and $100,000 per incident for death and bodily injury and $25,000 for property damage, plus uninsured and… W. Va. Code § 17-29-8

Uber and Lyft insuranceWhile a West Virginia rideshare (transportation network company) driver is logged on and available but not on a ride: primary liability insurance of at least $50,000 per person and $100,000 per incident for death and bodily injury and $25,000 for property damage, plus uninsured and underinsured motorist coverage as state law requires. During a prearranged ride: at least $1,000,000 for death, bodily injury and property damage, plus uninsured/underinsured motorist coverage as required. If the driver's insurance lapses or falls short, the company's insurance must cover from the first dollar and defend the claim.
Minimum car insuranceSince January 1, 2016, proof of financial responsibility means at least $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $25,000 for property damage.
Fault rule (comparative negligence)Modified comparative fault (51% bar). An injured person's fault does not bar recovery unless it is greater than the combined fault of all others responsible; otherwise, recovery is reduced by the injured person's percentage of fault. Each defendant's liability is generally several only (each pays its own share), except for defendants who conspired together.
Deadline to sue for an injuryTwo years after the right to sue accrues for damages for personal injuries.

More West Virginia personal injury & wrongful death

FAQ

What insurance must Uber and Lyft drivers have in West Virginia?
While a West Virginia rideshare (transportation network company) driver is logged on and available but not on a ride: primary liability insurance of at least $50,000 per person and $100,000 per incident for death and bodily injury and $25,000 for property damage, plus uninsured and underinsured motorist coverage as state law requires. During a prearranged ride: at least $1,000,000 for death, bodily injury and property damage, plus uninsured/underinsured motorist coverage as required. If the driver's insurance lapses or falls short, the company's insurance must cover from the first dollar and defend the claim.
What is the minimum car insurance required in West Virginia?
Since January 1, 2016, proof of financial responsibility means at least $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $25,000 for property damage.
Can you recover damages if you were partly at fault in West Virginia?
Modified comparative fault (51% bar). An injured person's fault does not bar recovery unless it is greater than the combined fault of all others responsible; otherwise, recovery is reduced by the injured person's percentage of fault. Each defendant's liability is generally several only (each pays its own share), except for defendants who conspired together.
What is the statute of limitations for personal injury in West Virginia?
Two years after the right to sue accrues for damages for personal injuries.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.