Rideshare crashes come with a question ordinary crashes do not have: which insurance policy applies? Under Delaware’s transportation network company law (2 Del. C. ch. 19), the answer depends on what the driver’s app was doing at the moment of impact — and the difference can be between a minimum-limits policy and $1,000,000 in coverage.
Delaware Rideshare Coverage: Key Facts
- Passenger in the car or ride accepted: At least $1,000,000 in primary liability coverage applies, plus $1,000,000 in UM/UIM per incident.
- App on, no ride accepted: Coverage of at least $50,000 per person / $100,000 per accident bodily injury and $25,000 property damage applies.
- App off: Only the driver’s personal auto policy applies.
- Log data is discoverable: TNCs must disclose the driver’s exact log-on/log-off times around the crash – we demand this immediately.
Who Rideshare Claims Cover
These rules protect Uber/Lyft passengers, other drivers hit by a rideshare vehicle, pedestrians, and cyclists. They also matter for rideshare drivers themselves hit by uninsured motorists during a ride. The insurers involved – and there are often three or more – each try to push the claim to someone else’s policy. We pin down app status first, then pursue every applicable layer.
We handle rideshare injury claims across Delaware, including Wilmington, Newark, Dover, and the Route 1 beach corridor. Related: Car Accidents, UM/UIM Claims, PIP Claims.
Rideshare Accident FAQs
I was an Uber passenger in a crash. Who pays my bills?
PIP benefits typically pay first, then the $1,000,000 TNC liability policy covers the driver’s fault (or the other driver’s insurer if they caused it). Passengers are rarely at fault – these are strong claims when handled correctly.
The rideshare driver hit me while waiting for a ride request. What coverage applies?
The mid-tier: at least 50/100/25 under Delaware’s TNC law, plus potentially the driver’s personal policy. App status data determines this – do not let the insurers guess.
Can I sue Uber or Lyft directly?
TNCs classify drivers as independent contractors, which complicates direct claims – but the required $1,000,000 coverage exists precisely so injured people are protected regardless.
Hurt in a rideshare crash? Call (302) 297-7775 before the insurers define the app-status story. Free consultation.
