Uber & Lyft Accident Lawyer: Rideshare Crash Claims in Philadelphia and Delaware County

Can you sue after an Uber or Lyft accident?

Yes. If you were hurt as a rideshare passenger, as another driver, or as a pedestrian or cyclist, you can bring a claim against whoever caused the crash, and Pennsylvania law requires specific insurance to be in place while an Uber or Lyft driver is logged on to the app or carrying a passenger. During a prearranged ride, that coverage must provide at least $500,000 in primary liability coverage for death, bodily injury and property damage (66 Pa.C.S. § 2603.1).

Pennsylvania calls Uber and Lyft transportation network companies. The Pennsylvania Public Utility Commission licenses them under Chapter 26 of Title 66, which the General Assembly added in November 2016 through Act 164.

How rideshare insurance works in Pennsylvania, by app status

The coverage that applies depends on the driver's status on the app at the moment of the crash. That is why the first question in any rideshare claim is what the app showed.

The law allows the required coverage to come from the driver's own policy, the company's policy, or a mix of both. If the driver's insurance has lapsed or does not provide the required coverage, the company's insurance must provide it from the first dollar of the claim (66 Pa.C.S. § 2603.1(a)(4)).

• App off: the driver is an ordinary motorist, and the driver's personal auto policy applies. Personal policies may exclude rideshare use, but that exclusion only applies while the driver is logged on or on a trip.
• App on, waiting for a request: primary liability coverage of at least $50,000 per person and $100,000 per incident for death and bodily injury, plus $25,000 for property damage, and first-party medical benefits including $25,000 for pedestrians and $5,000 for the driver.
• Engaged in a prearranged ride (the trip you booked through the app): primary liability coverage of at least $500,000 for death, bodily injury and property damage, and first-party medical benefits including $25,000 for passengers and pedestrians and $5,000 for the driver.

Proving what the app was doing

After a crash, a rideshare driver must tell the other people involved, the insurers and the investigating police officer whether the driver was logged on or on a prearranged ride. In a coverage investigation, the company and its insurers must share the times the driver logged on and off in the 12 hours before and the 12 hours after the crash (66 Pa.C.S. § 2603.1).

Take screenshots of your trip receipt, the driver's name, and the car shown in the app. If you were the passenger, your ride history in the app is strong evidence that the higher trip-period coverage applies.

If you were the passenger

A passenger rarely shares any fault for a crash, so the question is usually which driver caused it and which policy pays. If your Uber or Lyft driver caused it, the rideshare trip coverage applies. If another driver caused it, that driver's insurance is the first liability source, and the rideshare policy and your own coverage may add to it.

Your own first-party medical benefits may still pay first. Pennsylvania's order of priority starts with the policy on which you are a named insured, then a policy covering you as a household relative, then the policy on the vehicle you were riding in (75 Pa.C.S. § 1713). The rideshare law also bars the company and driver from requiring a passenger to sign a waiver of liability for injuries, including through app terms you agree to when downloading the app (66 Pa.C.S. § 2603.1(c)).

If you were the rideshare driver

Drivers hurt by another motorist can claim against that motorist's insurance like anyone else. The rideshare policy provides first-party medical benefits for the driver, including $5,000 while the driver is logged on or on a trip. Your personal policy may exclude coverage for crashes while you were logged on, so tell us exactly what the app showed. Whether you can also receive workers' compensation depends on how the law treats your relationship with the company, which is a separate question we can review.

If a rideshare driver hit you

Other drivers, pedestrians and cyclists hit by an Uber or Lyft have the same claim they would have against any negligent driver, plus access to the rideshare coverage if the app was on. Pedestrians get the benefit of the $25,000 first-party medical benefit written into the rideshare law for both the waiting and trip periods.

Uber vs. Lyft: does the company matter?

The Pennsylvania insurance requirements apply to every licensed transportation network company, so the rules above are the same for Uber and Lyft. The practical differences are in each company's claims process and insurers. Either way, the claim starts the same: report the crash, get medical care, preserve the app records, and have your coverage reviewed.

Limited tort and rideshare crashes

If you have limited tort on your own policy, you are generally barred from pain-and-suffering damages unless your injury is a serious injury (75 Pa.C.S. § 1705). The statute keeps full tort rights for anyone injured while an occupant of a vehicle other than a private passenger motor vehicle, and Pennsylvania defines a private passenger vehicle in part as a car not used as a public or livery conveyance (§ 1702). How that applies to a rideshare trip depends on the facts, so do not assume limited tort ends your claim. Ask us to review it.

Deadlines and what to do now

The general deadline to file an injury lawsuit in Pennsylvania is two years from the crash (42 Pa.C.S. § 5524), with exceptions. Rideshare claims involve several insurers, and app data and video can be harder to get the longer you wait.

Rideshare pickups are common around the 69th Street Transportation Center in Upper Darby and throughout West Philadelphia. Warren I. Siegel, a Pennsylvania attorney since 1992, handles these claims from our office on West Chester Pike. Our fee is 100% contingency: no attorney fee unless we recover, the firm advances all case costs, and those costs are repaid only from a recovery. Call (267) 412-4601 or send the free case review form.