Rideshare services like Uber and Lyft have transformed how people get around, offering quick, convenient rides at the tap of a screen. Yet, with more rideshare drivers on the road, there’s a higher risk of accidents involving these vehicles. In fact, a University of Chicago study found that the rise in ridesharing has contributed to a 2-3% increase in fatal car crashes nationwide. Accidents involving rideshare vehicles are often legally complex, leaving victims wondering where to turn for help. This is where a rideshare accident attorney becomes invaluable. Understanding how a skilled attorney can navigate the complicated claims process can make all the difference for anyone involved in an Uber or Lyft crash in Pennsylvania.
Can You Sue Uber or Lyft After a Rideshare Accident?
In short, you can file a claim or lawsuit against Uber or Lyft after an accident caused by one of their drivers. However, it’s rarely a straightforward process. Rideshare companies classify their drivers as “independent contractors,” not employees, shielding them from direct liability in many cases. Unlike traditional employers, Uber and Lyft don’t have to take responsibility for a driver’s actions under standard employer liability laws.
Still, there is good news: both companies provide liability insurance for passengers, other drivers, and pedestrians injured by rideshare drivers. This insurance coverage varies, however, depending on what stage of the ride the driver was in when the accident occurred. Here’s how it works:
- App Off: If the rideshare app was off when the crash occurred, the driver’s personal auto insurance applies.
- App On, Waiting for a Ride Request: When the app is on, but the driver is waiting for a ride request, Uber and Lyft provide limited liability coverage, up to $50,000 per person injured and $100,000 total per accident.
- En Route to Pickup or During a Ride: Uber and Lyft’s $1 million liability policy usually applies during these periods, covering bodily injury and property damage.
How to File an Accident Claim Against a Rideshare Company
Filing a claim after a rideshare accident isn’t the same as a standard car accident claim. In Pennsylvania, which follows a “choice” no-fault system, the process is further complicated by different coverage types and insurance rules. Here’s a quick breakdown:
- Choose No-Fault or Traditional Fault System: Pennsylvania allows drivers to select between a no-fault system and a traditional fault-based system for car insurance. No-fault insurance, called Personal Injury Protection (PIP), covers medical bills and certain expenses regardless of who caused the accident. However, victims with limited tort coverage may only recover certain economic damages unless they meet the “serious injury threshold.”
- Limited vs. Full Tort Coverage: In Pennsylvania, those with full tort coverage can recover compensation for all accident-related damages, including pain and suffering. Limited tort coverage, however, may restrict this to medical bills and lost wages unless the injury meets certain criteria. An attorney can help determine if a severe injury threshold has been met, allowing a claim against the rideshare company or driver for non-economic damages.
- Establishing Liability: A lawyer will investigate and determine fault after a rideshare accident, which is key to filing a successful claim. Uber and Lyft typically don’t accept liability unless a driver was in “active service,” but there may be exceptions if negligence is involved. A rideshare accident lawyer can help identify all liable parties and maximize your chances for a fair settlement.
How a Rideshare Accident Attorney Can Help After an Uber or Lyft Crash in PA
- Understanding Pennsylvania’s Rideshare Regulations and Legal Loopholes
Pennsylvania’s unique insurance laws and the complex legal structure around rideshare companies require an attorney who understands local rideshare laws. A rideshare accident lawyer knows the regulations, legal nuances, and how they apply to specific scenarios. They can help clients navigate the challenges of suing a rideshare company by leveraging legal strategies to advocate for maximum compensation.
For instance, while rideshare companies often limit their liability by categorizing drivers as independent contractors, an experienced attorney may explore arguments that question this classification or find alternative coverage sources to strengthen a claim.
- Ensuring No-Fault PIP Coverage Is Properly Applied
Understanding Pennsylvania’s no-fault rules and PIP coverage is critical. An attorney will examine the specifics of your insurance policy to determine what coverage is available. If a no-fault policy covers you, a lawyer will ensure that PIP benefits are properly applied and work to obtain any additional compensation you may be eligible for, such as coverage for pain and suffering if the injuries qualify under the state’s severe injury standard.
- Dealing with Insurance Companies
Insurance companies are skilled at minimizing payouts, and this can be particularly challenging in rideshare accident cases where multiple insurers are involved. Uber and Lyft provide insurance policies, but getting them to pay can be complex, significantly, when overlapping with the driver’s insurance. A rideshare accident attorney handles all communications, negotiations, and documentation, working to protect victims from lowball offers and adjuster tactics.
Additionally, rideshare accident attorneys are prepared to address issues that may arise if multiple insurers deny liability, each claiming the other party is responsible. The attorney will leverage their knowledge of rideshare policies and Pennsylvania law to ensure insurance companies honor their obligations.
Get Support from a Rideshare Accident Attorney at Pacin Levine, P.A.
If you or a loved one has been injured in an Uber or Lyft accident in Pennsylvania, navigating the legal landscape can be overwhelming. The experienced rideshare accident attorneys at Pacin Levine, P.A. are dedicated to helping victims of rideshare crashes secure the compensation they deserve. Call Pacin Levine, P.A. at 1-800-24-7-CRASH (2727) for a free, no-obligation consultation today. Our skilled attorneys are ready to review your case, discuss your options, and fight for justice.
