How much insurance applies after a West Virginia Uber or Lyft accident, and what underinsured amount is still unsettled?
West Virginia’s rideshare law, W. Va. Code 17-29-1 to 17-29-19, requires a permit from the Division of Motor Vehicles and puts the insurance rules in 17-29-8. While a driver is logged on and available, the floor is $50,000 per person, $100,000 per incident, and $25,000 for property damage. From the moment the driver accepts a ride until the last rider leaves the car, the floor is $1,000,000 in primary liability. In both periods the policy must also carry uninsured and underinsured coverage “as required in” 33-6-31.
That cross-reference does not print an underinsured dollar amount. Required uninsured coverage, the unsettled underinsured question, and the different entries on the Uber and Lyft certificates are three separate things. The note under the table is where those three split.
West Virginia is an at-fault state, and a claimant is barred only if their fault is greater than everyone else’s combined. The injury and wrongful death deadlines are two years.
Text of 17-29-8 and 17-29-1 on the Legislature site on November 10, 2026: W. Va. Code 17-29-8 and 17-29-1.
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The $1 million period starts at acceptance and ends when the last rider leaves
A prearranged ride begins when the driver accepts a ride request, continues while the driver transports the rider, and ends when the last requesting rider leaves the vehicle. 17-29-1(6). The drive to the pickup is already inside the $1,000,000 period.
| App status | Statute | Liability required | Uninsured coverage |
|---|---|---|---|
| App off | Personal policy, 17D-4-2 | $25,000 per person, $50,000 per accident, $25,000 property damage. Not a rideshare figure. | Uninsured coverage is mandatory at those minimums. Higher uninsured limits and underinsured coverage are options under 33-6-31(b), not a stated rideshare amount. |
| Logged on and available, no ride accepted | 17-29-8(b) | $50,000 per person, $100,000 per incident, $25,000 property damage, primary | Uninsured coverage “as required in” 33-6-31. 17-29-8 sets no underinsured dollar amount. |
| Accepted, driving to the pickup | 17-29-8(c), 17-29-1(6) | $1,000,000 primary | Same uninsured cross-reference. The underinsured amount is unsettled. |
| Rider in the car | 17-29-8(c) | $1,000,000 primary | Same. The underinsured amount is unsettled. |
| Last rider left, driver still logged on | Back to 17-29-8(b) | $50,000, $100,000, and $25,000 | Same as logged on and available. No underinsured dollar amount. |
Required uninsured coverage is not an underinsured figure. W. Va. Code 17-29-8(b)(2) and (c)(2) require “Uninsured and underinsured motorists’ coverage as required in” 33-6-31. Section 33-6-31(b) requires uninsured coverage at no less than the 17D-4-2 minimums, $25,000 / $50,000 / $25,000. It also says the policy shall offer higher uninsured limits, including an option up to $100,000 / $300,000 / $50,000, and an option for uninsured or underinsured coverage up to the liability limits the insured bought, without a setoff. Those figures are the options in 33-6-31(b). They are not printed as a rideshare dollar amount in 17-29-8. Whether a rideshare policy must carry underinsured coverage, and in what amount, is unsettled. This table does not state one.
The certificates are a third item, separate from both the required uninsured floor and the unsettled underinsured question. Uber’s certificate for March 1, 2026 to March 1, 2027, Liberty Surplus Insurance Corporation, NAIC 10725, prints uninsured coverage at $25,000 / $50,000 / $25,000 and prints underinsured coverage as “not included in any amount.” Lyft’s certificate, Mobilitas Insurance Company, NAIC 16392, October 1, 2026 to October 1, 2027, prints “All Automobile Policies evidenced include UM/UIM $25,000/$50,000/$25,000.” Those are the printed certificate entries. They are not a statutory underinsured amount.
If the driver’s insurance lapses or falls short, the company pays from the first dollar and defends
The driver, the company, or a combination may provide the coverage, and it must be primary. 17-29-8(a) to (c). If the driver’s insurance “has lapsed or does not provide the required coverage,” the company’s insurance provides it beginning with the first dollar of a claim, with a duty to defend. 17-29-8(d). Company coverage cannot depend on a personal insurer denying the claim first. 17-29-8(e).
The driver must carry proof of coverage and, after an accident, give it on request to the people involved, insurers, and police, and say whether they were logged on or on a ride. 17-29-8(h).
The law says a company “does not control, direct or manage” drivers or their vehicles except by written contract (17-29-1(3)), and treats drivers as independent contractors when listed conditions are met (17-29-11). Neither is an express bar on liability to injured people. How courts apply them is unsettled.
A personal policy may exclude everything, including uninsured coverage, while the app is on
Auto insurers may exclude “any and all coverage” for loss while a driver is logged on or providing a prearranged ride, including liability, uninsured and underinsured coverage, medical payments, comprehensive, and collision. 17-29-10(a). The statute permits the exclusion. It does not say every personal policy uses it. W. Va. Code 17-29-10.
The company and insurers must share the driver’s exact log-on and log-off times for the 12 hours before and after the accident. 17-29-10(c).
Uninsured coverage is mandatory, but how much underinsured coverage a rideshare policy needs is unsettled
W. Va. Code 33-6-31(b) says a motor vehicle policy may not be issued unless it covers uninsured-motorist damages at limits no less than 17D-4-2. Those minimums, beginning January 1, 2016, are $25,000 / $50,000 / $25,000. The endorsement may exclude the first $300 of property damage resulting from the negligence of an uninsured motorist. The same subsection says the policy shall offer higher uninsured limits, including an option up to $100,000 / $300,000 / $50,000, and an option for uninsured or underinsured coverage up to the liability limits the insured bought, without a setoff. W. Va. Code 33-6-31.
If the other driver is unknown, report the accident to a police, peace, or judicial officer within 24 hours after you discover it and are physically able to report, unless a police officer has already investigated. Notify the insurer within 60 days. 33-6-31(e).
17-29-8 borrows uninsured and underinsured coverage “as required in” 33-6-31. Section 33-6-31(b) makes uninsured coverage mandatory and describes underinsured coverage as an option the policy must offer. Whether a rideshare policy must carry underinsured coverage, and in what amount, is unsettled. Whether those optional coverages can be waived on an Insurance Commissioner form is unverified from the text of 33-6-31 read on November 10, 2026.
Uber prints uninsured coverage at 25/50/25 and no underinsured coverage
Uber’s West Virginia certificates are issued by Liberty Surplus Insurance Corporation, NAIC 10725, for March 1, 2026 to March 1, 2027. Uber certificate PDF.
| What the form describes | Policy | Liability printed | Uninsured and underinsured printed |
|---|---|---|---|
| Available to receive requests, none accepted | ASE-665-067247-696 | $50,000 / $100,000 / $25,000 | Uninsured $25,000 / $50,000 / $25,000; underinsured “not included in any amount” |
| Acceptance recorded | ASE-665-067247-706 | $1,000,000 combined single limit | Same |
| Physical damage on accepted trips | ASE-665-067247-706 | Comprehensive and collision, $2,500 deductibles | Not applicable |
Lyft prints uninsured and underinsured coverage at 25/50/25 on every policy, and period 3 shows only a deductible
Lyft’s certificate SEA-004219097-05 says “Evidence of Insurance Only for the State of WV.” The insurer is Mobilitas Insurance Company, NAIC 16392, and the policies run October 1, 2026 to October 1, 2027. Lyft certificate PDF.
| Policy | Period printed | What is printed |
|---|---|---|
| WVBA1T6624548270 | Period 1 | $50,000 / $100,000 bodily injury, $25,000 property damage |
| WVBA2T6624548270 | Period 2 | $1,000,000 combined single limit |
| WVBA3T6624548270 | Period 3 | Only a $2,500 physical damage deductible |
The certificate says “All Automobile Policies evidenced include UM/UIM $25,000/$50,000/$25,000.” Physical damage pays actual cash value or repair cost, whichever is less, minus $2,500. The certificate prints no liability figure for period 3. Whatever the certificate shows, 17-29-8(c) requires $1,000,000 from acceptance until the last rider leaves.
West Virginia has no PIP, so the at-fault driver’s liability coverage pays
West Virginia is not a no-fault state. Injury claims go against the at-fault driver’s liability coverage, and in rideshare cases that means the tier in effect at the time of the accident. Personal policies must carry at least $25,000 per person, $50,000 per accident, and $25,000 for property damage. 17D-4-2. W. Va. Code 17D-4-2.
Only fault greater than everyone else’s combined bars recovery, and the deadlines are two years
A plaintiff’s fault does not bar recovery “unless the plaintiff’s fault is greater than the combined fault of all other persons responsible.” Otherwise damages are reduced by the plaintiff’s share. 55-7-13c(c). A plaintiff at 50 percent still recovers half.
Liability is several only, and each defendant pays its own share. Joint liability applies to defendants who conspire, and to a defendant whose drunk or drugged driving or other criminal conduct caused the harm. 55-7-13c(a), (h). W. Va. Code 55-7-13c.
- Personal injury and property damage: two years. 55-2-12. W. Va. Code 55-2-12.
- Wrongful death: two years after the death. 55-7-6(d). W. Va. Code 55-7-6.
Punitive damages are capped at four times compensatory damages or $500,000
Punitive damages require clear and convincing evidence of actual malice or conscious, reckless, and outrageous indifference, and may not exceed the greater of four times the compensatory damages or $500,000. 55-7-29. W. Va. Code 55-7-29. No general cap on pain and suffering in accident cases was found; the medical malpractice cap does not apply to accident claims.
Local governments are liable for their drivers, with a $500,000 noneconomic cap
Counties, cities, county boards of education, and similar local bodies are liable for their employees’ negligent driving within the scope of employment, and for negligent failure to keep roads in repair, subject to listed immunities. 29-12A-4(c). Against a local body, punitive damages are barred, economic damages are not limited, and noneconomic damages are capped at $500,000 per person. 29-12A-7. Suit must be brought within two years. 29-12A-6. W. Va. Code 29-12A-7.
At least 30 days before suing a state agency, you must send written notice by certified mail, return receipt requested, to the agency’s chief officer and the Attorney General. 55-17-3(a). W. Va. Code 55-17-3.
No notice-of-claim deadline for local governments was found.
Stop, exchange information, and call police for injury or $1,000 in damage
- Stop and remain: after an accident with injury or death, stop and stay until the information and aid duties are met. Knowingly leaving can be a felony when there is serious injury or death. 17C-4-1.
- Information and aid: give your name, a working phone number, the vehicle’s year, make, model, and last four VIN digits, and your insurer and policy number, and give reasonable assistance to anyone hurt. 17C-4-3.
- Police notice: for injury, death, or apparent property damage of $1,000 or more, notify police immediately: city police inside a municipality, otherwise the county sheriff or nearest State Police office. 17C-4-6. W. Va. Code 17C-4-6.
Driverless cars are allowed, and the rideshare limits are unsettled for them
A 2022 law, W. Va. Code 17H-1, lets fully autonomous vehicles operate with no human driver if they can reach a minimal risk condition and follow traffic law. 17H-1-5. On-demand driverless networks may operate under the laws for rideshare companies, taxis, and other for-hire transport, minus rules that only fit a human driver. 17H-1-8. The owner must show financial responsibility satisfactory to the Division of Motor Vehicles, with no dollar figure set. 17H-1-10. W. Va. Code 17H-1-8.
Whether the 17-29-8 limits apply to driverless trips is unsettled.
The Division of Motor Vehicles permits rideshare companies, and cities cannot add rules
No one may operate a rideshare company without a Division of Motor Vehicles permit, which costs $1,000 a year and requires a certificate of insurance. 17-29-3. The Public Service Commission does not regulate rideshare companies. Rideshare regulation “is governed exclusively by” the state law, and no city, county, or special district may tax, license, or impose other requirements on companies or drivers. 17-29-19. W. Va. Code 17-29-19.
The rideshare law has no airport provision. The main markets are Charleston, Huntington, Morgantown, and Wheeling.
What decides which floor and which coverage applies
- Whether the driver was logged off, logged on and available, had accepted a ride, or was carrying riders, and when the last rider left.
- The 12-hour log-on and log-off record around the accident. 17-29-10(c).
- Which company’s certificate applies, since Uber prints no underinsured coverage and Lyft prints 25/50/25.
- The driver’s personal policy, any rideshare exclusion, and whether it lapsed, which triggers first-dollar coverage.
- Your own uninsured coverage, and any underinsured coverage on your policy.
- The accident date, for the two-year deadline, and 30 days’ certified notice if a state agency is involved.
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Pin down when the ride was accepted, then check which uninsured coverage applies
In West Virginia, acceptance moves liability to $1,000,000, and uninsured and underinsured coverage differs between the two certificates. A free review can sort out which policies apply to your accident.