Uber Accident Lawyer: Claims After an Uber Crash in Philadelphia and Delaware County

Can you sue after an Uber accident in Pennsylvania?

Yes. Whether you were riding in the Uber, driving another car, walking or cycling, you can claim against the driver who caused the crash, and if the Uber driver was logged on or carrying you, Pennsylvania requires rideshare insurance to stand behind that driver (66 Pa.C.S. § 2603.1). The biggest coverage, at least $500,000 in primary liability, applies during a prearranged ride.

Under Pennsylvania law, a prearranged ride begins when the driver accepts a ride request, continues while the driver transports the passenger, and ends when the last passenger leaves the vehicle (66 Pa.C.S. § 102). So a driver who accepted your request and was on the way to pick you up on Lansdowne Avenue is already inside the highest coverage period.

Step one: save your Uber trip record

Uber emails a receipt to the address on your account when each trip ends, and it keeps a trip history in the account. According to Uber's rider help pages, you can open the app menu, tap Your Trips, choose the trip and tap Receipt, or log in at riders.uber.com/trips and download the receipt as a PDF.

Save the PDF, screenshot the map, and keep the email. The receipt shows the pickup and drop-off points, times and the driver's first name, which ties the crash to a prearranged ride. If you were not the account holder, for example a friend booked the trip, ask that person to save the record today.

Reporting the crash to Uber

Call 911 first if anyone is hurt. Uber's help center tells riders involved in an accident to get to safety, notify police and paramedics if needed, and then report what happened through the app's help section so Uber can follow up. Uber also runs a Safety Incident Reporting Line for safety matters.

If you were in another car or on foot and an Uber hit you, Uber's help center has a Third Party Incident Notice form for people outside the Uber trip. Report the facts only. Do not describe your injuries as minor or guess about fault in that form or in any follow-up call from an adjuster.

What the Uber driver and Uber must disclose

The Uber driver has legal duties at the scene. The driver must give proof of the rideshare insurance to others involved and to the responding officer, report the accident to Uber (66 Pa.C.S. § 2605(b)), and tell interested parties, insurers and police whether the driver was logged on or on a prearranged ride (66 Pa.C.S. § 2603.1(a)(9)).

If coverage is disputed, Uber and its insurer must cooperate by sharing the precise times the driver logged on and off in the 12 hours before and after the crash, along with a clear description of the coverage, exclusions and limits (66 Pa.C.S. § 2603.1(b)(5)). That disclosure is how we confirm which coverage period applies and what policy limits are actually in place.

If the driver's own insurance lapsed or does not provide the required coverage, the rideshare company's insurance must pay from the first dollar and defend the claim (66 Pa.C.S. § 2603.1(a)(4)).

Which coverage applies to your Uber crash

The minimum coverage depends on what the Uber app showed at the moment of impact:

• You were the passenger: the prearranged-ride coverage applies, with at least $500,000 in liability coverage and first-party medical benefits that include $25,000 for passengers.
• The driver had accepted your request and was en route: that is still a prearranged ride under the statute.
• The driver was logged on with no request accepted: lower minimums apply, $50,000 per person and $100,000 per incident for bodily injury.
• The Uber app was off: the driver is an ordinary motorist and only the driver's personal policy applies.

Where your case would be heard

An Uber crash on Roosevelt Boulevard, the Schuylkill Expressway or a West Philadelphia street usually belongs in the Philadelphia Court of Common Pleas. A crash near the 69th Street Transportation Center or on West Chester Pike usually belongs in the Delaware County Court of Common Pleas in Media. The general filing deadline is 2 years (42 Pa.C.S. § 5524).

Warren I. Siegel, Esq., a Pennsylvania attorney since 1992, handles Uber claims from our Upper Darby office. We charge a 100% contingency fee: no attorney fee unless we recover, and the firm advances all case costs, repaid only from a recovery. Call (267) 412-4601 or send the free case review form.