Rideshare services like Uber and Lyft have changed how people travel in Philadelphia and across Pennsylvania. They make it easier to get around, but when an accident happens, passengers often feel uncertain about where to turn.
Passengers usually have no control over what led to the crash, yet they must deal with the medical bills, time away from work, and other lasting effects. Compensation for passengers injured in rideshare accidents depends on several factors, including insurance coverage, liability, and state law. Knowing how these claims work helps you protect your rights and move forward after a difficult experience.
If you suffered injuries as a passenger in a rideshare vehicle in Pennsylvania, you don’t need to sort out these issues alone. Having a skilled Philadelphia rideshare accident lawyer ensures that your claim is handled properly, giving you the chance to pursue the financial recovery you need.
Key Takeaways About Rideshare Accident Claims
- Pennsylvania law requires rideshare companies to carry $1 million in liability coverage when drivers are actively transporting passengers
- Passengers may have multiple sources of compensation including the rideshare company's insurance, driver's personal insurance, and third-party drivers' coverage
- The rideshare app status at the time of accident determines which insurance coverage applies
- Passengers are generally not considered at fault in rideshare accidents and have strong legal protections
- Documentation immediately after the accident is crucial for maximizing compensation
Understanding Rideshare Insurance Coverage in Pennsylvania
Pennsylvania has specific requirements for rideshare insurance. These laws outline how much coverage must be in place, depending on whether the driver has a passenger or is waiting for a ride request. Passengers benefit from some of the strongest protections in the insurance structure.
Primary Insurance Coverage
When a rideshare driver has accepted a trip and a passenger is in the car, the rideshare company must provide primary coverage. This means the company’s policy takes the lead, offering up to $1 million in liability coverage. This coverage is meant to address injuries to passengers, damage to property, and other losses caused by the crash.
Contingent Coverage Requirements
When a driver is logged into the app but has not yet accepted a ride, the rideshare company provides contingent coverage. This coverage applies if the driver’s personal auto insurance denies or does not fully cover the claim. In this period, the company’s coverage is typically lower, often limited to $50,000 per person for bodily injury, $100,000 per accident, and $25,000 for property damage.
Policy Limits and Deductibles
Insurance policies always have limits, meaning they only pay up to a certain amount. They also may include deductibles, which are amounts that must be paid out of pocket before coverage applies. For example, Uber and Lyft policies may apply a deductible of $1,000 or more to certain types of claims. A passenger’s claim is usually not subject to the deductible, but these details affect how quickly the claim is resolved and how much coverage is available overall.
What Insurance Covers Passengers in Rideshare Accidents?
Passengers in a rideshare accident might wonder which insurance policy covers them. The answer depends on which driver caused the crash and what the driver was doing at the time.
Uber's Insurance Policy Structure
Uber divides coverage into three periods. When the app is off, only the driver’s personal insurance applies. When the driver is available for rides, contingent coverage applies. Once a trip is accepted, Uber provides $1 million in liability coverage, as well as uninsured and underinsured motorist coverage.
Lyft's Coverage Requirements
Lyft’s insurance mirrors Uber’s in most respects. Lyft also provides $1 million in liability coverage during active trips. When the app is on but the driver has not yet accepted a ride, Lyft provides contingent coverage with lower limits. Lyft also provides uninsured and underinsured motorist protection to cover passengers if the at-fault driver lacks insurance or doesn’t carry enough.
Driver's Personal Auto Insurance
Most personal auto policies exclude coverage when the driver is engaged in commercial activity. However, if the driver has a rideshare endorsement, their personal insurance may still provide coverage. This coverage is often the first layer of protection when the driver is not actively transporting a passenger.
Third-Party Liability Insurance
If another driver caused the accident, that driver’s insurance typically applies first. Pennsylvania law requires drivers to carry minimum levels of liability insurance. In some cases, the at-fault driver may not have enough coverage to handle serious injuries. In those situations, the rideshare company’s uninsured or underinsured coverage can step in.
When Does Rideshare Company Insurance Apply?
The timing of the accident plays a major role in determining which insurance applies. Each period of the rideshare process is treated differently under Pennsylvania law.
App Off Period Coverage
When the driver’s app is off, the rideshare company provides no coverage. Only the driver’s personal insurance applies. Passengers aren’t usually in the vehicle during this period, but accidents can still occur if the driver is between rides.
Available for Hire Period Coverage
When the app is on and the driver is waiting for a ride request, contingent coverage applies. This coverage is lower than during active trips, but it still provides protection if the driver’s personal policy doesn’t apply.
Active Trip Coverage
Once the driver has accepted a ride and is on the way to pick up or transport a passenger, the rideshare company’s full coverage applies. This includes the $1 million liability policy and uninsured/underinsured motorist coverage. This protection is what most passengers rely on after an accident.
Period Transitions and Gray Areas
Accidents sometimes occur during moments of transition. For example, the driver may have just accepted a ride but has not yet picked up the passenger. These gray areas can lead to disputes between insurance companies about which policy applies. A lawyer can step in to push for coverage under the highest available policy.
What Types of Compensation Are Available to Injured Passengers?
Passengers injured in rideshare accidents can seek several forms of compensation. The goal is to cover both immediate and long-term losses connected to the crash.
Medical Expenses and Future Care Costs
Medical costs often make up the largest part of a claim. This includes emergency care, hospital bills, surgery, rehabilitation, and follow-up visits. If you need long-term treatment, compensation may also include projected future costs, such as ongoing therapy or medical devices.
Lost Wages and Earning Capacity
Accidents often force passengers to miss work. Compensation may include the pay you lost during recovery. If your injuries limit your ability to work in the future, you may also claim damages for reduced earning capacity.
Pain and Suffering Damages
While medical costs and lost wages are easier to calculate, pain and suffering damages account for the less tangible impact of an accident. These damages cover the physical discomfort and the mental strain associated with recovery.
Property Damage Recovery
Passengers may also recover compensation for personal belongings damaged in the crash. This could include items like laptops, phones, or other valuables that were inside the rideshare vehicle.
Who Can Be Held Liable in a Rideshare Accident?
Determining liability is a key step in every rideshare accident case. More than one party may share responsibility, depending on the circumstances.
Rideshare Driver Liability
The rideshare driver may be held responsible if their negligence caused the accident. Negligence can include speeding, distracted driving, or running a red light.
Third-Party Driver Responsibility
If another driver caused the crash, their insurance usually provides coverage. This includes situations where another driver rear-ended the rideshare vehicle or caused a collision through reckless driving.
Rideshare Company Liability
Rideshare companies often try to avoid direct liability by classifying drivers as independent contractors. However, they must still provide insurance coverage in certain situations, particularly when passengers are being transported.
Vehicle Maintenance and Defect Claims
Sometimes, accidents result from mechanical failures. If poor maintenance or a defective part caused the crash, liability could extend to a mechanic, repair shop, or vehicle manufacturer.
How Do You File a Claim After a Rideshare Accident?
Taking the right steps after a rideshare accident strengthens your claim. Acting quickly and documenting everything helps establish a clear record of what happened.
Immediate Steps at the Accident Scene
After the accident, call 911 and seek medical attention right away. Take photos of the vehicles, accident scene, and your injuries. Ask for contact information from the drivers, witnesses, and police officers on the scene.
Reporting to Insurance Companies
Passengers should report the accident through the rideshare app. This creates a record with the company’s insurance provider. However, avoid giving detailed statements to insurance adjusters before speaking with a lawyer, as they may use your words against you.
Evidence Collection and Documentation
Keep copies of medical bills, doctor’s notes, pay stubs, and other evidence of losses. Document your recovery with photos and journal entries that show how the injuries affect your daily life.
Common Challenges in Rideshare Accident Claims
Rideshare accident claims often involve unique hurdles. Insurance companies and rideshare companies sometimes attempt to limit payouts or dispute coverage.
Insurance Company Disputes
Insurance companies often argue about which policy applies. They may try to shift responsibility between the driver’s personal insurance and the rideshare company’s policy.
Determining Driver Status
Coverage depends on whether the driver had the app on, was waiting for a ride, or had accepted a trip. Proving the driver’s exact status at the time of the crash can make or break a claim.
Coverage Gaps and Exclusions
Some policies exclude certain situations, leaving passengers stuck between different insurers. A lawyer can fight these coverage gaps by pressing for accountability from all responsible parties.
Multi-Party Liability Issues
When multiple drivers contribute to an accident, each party’s insurer may try to minimize its share of responsibility. Sorting out liability in multi-party crashes often requires a thorough investigation.
How Our Attorneys Can Help
Our team at The Oakes Firm understands how rideshare accident claims work in Pennsylvania. We focus on building strong cases and pushing insurance companies to provide fair outcomes.
Case Evaluation and Investigation
We start by reviewing the details of your accident and collecting key evidence. This may include police reports, witness statements, and electronic data from the rideshare app.
Insurance Negotiation Experience
Insurance adjusters often try to minimize payouts. We know how to respond to these tactics and press for coverage under the highest available policy.
Litigation and Trial Representation
If insurers refuse to act fairly, we prepare to bring your case to court. Our attorneys present evidence and argue on your behalf before a judge or jury.
Maximizing Your Compensation Recovery
We pursue every possible source of compensation, from rideshare company insurance to third-party liability coverage. By doing so, we help strengthen your financial recovery and support your long-term needs.
Frequently Asked Questions About Rideshare Accident Claims
Can I sue both the rideshare driver and the company?
Yes. You may pursue claims against both the driver and the rideshare company, depending on the circumstances. The company’s insurance may cover your losses even if the driver is also liable.
What if the other driver doesn't have insurance?
Rideshare company policies include uninsured motorist coverage. This coverage applies when the at-fault driver has no insurance or lacks enough coverage.
How long do I have to file a claim in Pennsylvania?
You generally have two years from the date of the accident to file a lawsuit. Failing to act within this time can block your claim.
Will my health insurance cover rideshare accident injuries?
Your health insurance may cover medical bills initially. However, the rideshare company’s insurance or the at-fault driver’s policy may reimburse those costs later.
What if I was partially at fault as a passenger?
Passengers are rarely considered at fault in rideshare accidents. Unless you directly interfered with the driver, liability typically rests with the driver or other parties involved.
Contact Our Philadelphia Rideshare Accident Attorneys for Help
Personal injury cases are time-sensitive, and waiting too long to act can limit your recovery. The Oakes Firm has the experience and resources to handle rideshare accident claims in Pennsylvania. Our attorneys know how to deal with insurance disputes and how to present a strong case in court if necessary.
Contact our Philadelphia rideshare accident attorneys for a free, no-obligation consultation. We’ll review your case, explain your options, and guide you through each step of the process.