Lyft Accident Lawyer: From the Lyft Claim Report to a Pennsylvania Lawsuit

Can you file a claim after a Lyft accident?

Yes. If a Lyft driver caused the crash, or another driver hit the Lyft you were riding in, you can pursue compensation for medical bills, lost wages and pain and suffering. Pennsylvania requires a Lyft driver who is logged on or on a trip to be covered by rideshare insurance, with at least $500,000 in primary liability coverage once the driver has accepted a ride (66 Pa.C.S. § 2603.1).

The practical path starts with Lyft's own claims process. What you say and send during that process becomes part of the file the insurer uses to value your claim.

Stage 1: reporting the crash to Lyft

Lyft's help center directs anyone who needs to submit a claim for injury or damages to start with its online accident report, which Lyft says takes 10 to 15 minutes. It also offers a Claims Customer Care team for people who want to talk the process through, and a Safety Team available 24 hours a day for incidents that did not involve a collision.

Report the date, time, location and vehicles involved. Keep injury details general until you have seen a doctor, and do not estimate your own speed, the other car's speed or who was at fault. Your report is a statement, and adjusters read it closely.

Stage 2: the evidence that proves a Lyft claim

Lyft riders can find past trips by selecting their profile, then Ride history, then the ride, according to Lyft's help center. Screenshot that screen, including the driver's name, the vehicle and the times. Then add the rest of the file:

• The police report number, from the Philadelphia Police Department, Upper Darby Township Police Department or Pennsylvania State Police.
• Photos of the vehicles, the scene and the Lyft placard or decal, which drivers must display while logged on (66 Pa.C.S. § 2605(b)(8)).
• Names and phone numbers of witnesses, including other passengers.
• Medical records starting with your first visit, even an urgent care stop.
• Pay stubs or a letter from your employer showing time missed.

Stage 3: the investigation and the app-status question

The insurer's first job is to fix the driver's status at the moment of the crash, because that decides which coverage applies. The driver must tell police, insurers and the other people involved whether the driver was logged on or on a prearranged ride (66 Pa.C.S. § 2603.1(a)(9)). When coverage is in question, Lyft and any insurer that may owe coverage must share the driver's exact log-on and log-off times for the 12 hours before and after the crash (66 Pa.C.S. § 2603.1(b)(5)).

How long that takes varies with the number of vehicles, disputes about fault and whether the driver's personal insurer is also involved. The driver's personal policy may exclude rideshare periods altogether (66 Pa.C.S. § 2603.1(b)), which is why claims sometimes stall between two insurers. The law answers that: rideshare coverage is primary and cannot be conditioned on a personal insurer first denying the claim (66 Pa.C.S. § 2603.1(a)(5)).

Stage 4: demand, negotiation and filing suit

Once your treatment has reached a point where your doctors can describe your recovery, your lawyer sends a demand with the records and bills. If the insurer's offer is not fair, the next step is a complaint in the Court of Common Pleas where the crash happened or where a defendant can be sued. A Lyft crash on the Schuylkill Expressway would usually go to Philadelphia; one on Baltimore Pike in Springfield would usually go to Delaware County in Media.

The lawsuit generally must be filed within 2 years of the crash (42 Pa.C.S. § 5524). Filing does not end negotiations; many cases settle after suit is filed.

Warren I. Siegel, Esq. has practiced in Pennsylvania since 1992 and has served as a Settlement Master for the Court of Common Pleas. Our fee is 100% contingency: no attorney fee unless we recover, all case costs advanced by the firm and repaid only from a recovery. Call (267) 412-4601 or send the free case review form.