Morgantown Uber and Lyft Accident Lawyers

By J. Brandon Shumaker and J. Tyler Slavey  ·  Slavey & Shumaker PLLC  ·  Morgantown, WV  ·  Last updated November 12, 2026

Uber and Lyft are a common way to get around Morgantown, especially for West Virginia University students, game day visitors and people heading downtown at night. When a rideshare vehicle crashes, the injured person often faces a confusing question: whose insurance applies? The answer under West Virginia law depends on the driver’s status in the app at the moment of the crash.

Slavey & Shumaker PLLC represents rideshare passengers, other drivers, pedestrians and cyclists injured in crashes involving rideshare vehicles throughout the State of West Virginia, including Monongalia, Preston, Marion and Harrison Counties. For the broader picture, see our car accident lawyers page.

1. Who Gets Hurt in Rideshare Crashes

• Passengers riding in an Uber or Lyft
• Drivers and passengers in other vehicles hit by a rideshare driver
• Pedestrians and cyclists, including people being picked up or dropped off; see our pedestrian accident page and our bicycle accident page
• Rideshare drivers hurt by another driver’s negligence

2. Rideshare Insurance Under West Virginia Law

West Virginia law requires a transportation network company driver, or the company on the driver’s behalf, to maintain primary automobile insurance that covers the driver while logged on to the company’s digital network and while engaged in a prearranged ride (W. Va. Code § 17-29-8(a)). The minimum amounts depend on the period:

These are minimums; the policies actually in place may provide more. If the driver’s insurance has lapsed or does not provide the required coverage, the company’s insurance must provide the required coverage beginning with the first dollar of a claim and has the duty to defend it (§ 17-29-8(d)). The company’s coverage does not depend on a personal auto insurer first denying the claim (§ 17-29-8(e)).

3. Personal Auto Policies and Rideshare Exclusions

Personal auto insurers may exclude coverage for any loss or injury that occurs while a driver is logged on to a rideshare network or providing a prearranged ride, including liability, uninsured and underinsured motorist, medical payments, comprehensive and collision coverage (W. Va. Code § 17-29-10(a)). That is one reason claims against rideshare drivers often involve more than one insurer, and why the driver’s status matters so much.

4. Proving What the Driver Was Doing

After an accident, a rideshare driver must provide insurance information to directly interested parties, auto insurers and investigating police officers on request, and must also disclose whether he or she was logged on to the network or on a prearranged ride at the time (§ 17-29-8(h)). App data, trip receipts and screenshots can confirm the driver’s status. If you were a passenger, keep your trip receipt and any messages from the app.

5. What to Do After a Rideshare Crash

6. Fault and Other Drivers

A rideshare crash is still decided by the ordinary rules of fault. If another driver caused the crash, that driver and his or her insurer may be responsible, and rideshare coverage may also be available depending on the driver’s status. You can recover as long as your share of fault is not greater than the combined fault of everyone else responsible, and your recovery is reduced by your percentage of fault (W. Va. Code § 55-7-13c(c)).

7. What a Claim May Include

Depending on the evidence, compensation may include medical bills and future care, lost wages and reduced earning capacity, and pain, suffering and loss of enjoyment of life. Our settlement guide explains the factors that affect value. If the at-fault driver’s coverage is not enough, see our uninsured and underinsured motorist claims page.

8. Filing Deadline

Most personal injury lawsuits must be filed within two years after the right to sue accrues (W. Va. Code § 55-2-12(b)). Claims involving children and government bodies have their own rules; see our statute of limitations guide.

9. Why Choose Slavey & Shumaker PLLC

Our attorneys, J. Tyler Slavey, J. Brandon Shumaker, Scott B. Harris and Kasey Libby, practice from our office at 174 Chancery Row in Morgantown. In rideshare cases, we identify every policy that may apply, request the app status and trip records early, and deal with the insurers so you can focus on getting better. The consultation is free, and personal injury cases are handled on a contingency fee basis, so you pay no fee unless we recover. No lawyer can guarantee a result. You can read what past clients say in our more than 100 Google reviews.

10. Frequently Asked Questions About Uber and Lyft Accidents

This page is provided for general informational purposes about West Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.