How Uber Accident Claims Work in Pennsylvania
Uber has always been a popular way to get around town, even before a court lifted a Philadelphia Uber ban. However, many who use Uber regularly haven’t stopped to think about how an insurance claim would work after a crash. Luckily, the Pennsylvania Public Utility Commission has implemented rules to ensure you can get the compensation you need after an Uber accident—whether you are a passenger, third party, or Uber driver.
Sorting out liability after an Uber accident—or even determining how to file an insurance claim—is often a complicated process. If you suffered serious injuries in a Pennsylvania Uber accident, Cordisco & Saile LLC can help protect your rights and ensure you receive fair compensation for your injuries. Call us at 215-402-5468 today to schedule your free, no-obligation case evaluation.
Infographic—Uber Accident Claims in Pennsylvania: What You Need To Know
How Does PA’s No-Fault Choice Insurance Play a Role?
If you have a car in Pennsylvania, you should have personal injury protection, or PIP, coverage under your auto insurance policy. As with other crashes, this coverage will pay a limited amount toward your medical treatment and lost wages after an accident involving an Uber driver. No matter who is at fault in a crash, you can file a claim based on your PIP coverage.
Uber also provides PIP coverage, in certain cases, for those who do not otherwise have access. This policy is only in effect while the driver is “on the app.”
If the Uber driver caused the accident, you may be able to recover additional compensation for serious injuries from either their personal liability insurance policy or a liability policy provided by Uber. If another driver caused the crash, you may be eligible to file a claim based on that driver’s liability policy.
Which insurance provider you file a third-party claim with depends greatly on your crash circumstances. We can help you determine the best route for recovering adequate compensation.
Whose Insurance Covers Me in an Uber Accident?
If your injuries are serious in an Uber accident and you need coverage beyond your PIP policy, it’s often difficult to know whose insurance company should pay. Largely, it depends on your role in the crash, which party caused the wreck, and whether the Uber driver was on the app when the accident occurred. Consider the following possibilities.
You Took an Uber and Your Driver Caused the Accident
Uber provides liability coverage for passengers who suffer serious injuries in crashes caused by Uber drivers. Once you exhaust any PIP coverage available, you can file a claim with Uber.
You Took an Uber and Another Driver Caused the Accident
Once you have exhausted any PIP coverage available to you, you may file a claim with the at-fault driver’s insurance company if you suffered serious injuries. This coverage should provide compensation for medical treatment, lost wages, and other losses up to the policy limit.
An Uber Driver Hits Your Car
The situation becomes more complicated if you are a third party who suffers serious injuries and property damage because of a negligent Uber driver. The decision to file a claim with the driver’s personal insurance carrier or Uber’s insurer depends on whether the Uber driver had a passenger in the car at the time of the wreck.
Generally, the driver’s personal policy applies when they are not working, and the Uber policy goes into effect when the driver is heading to a passenger or has a passenger in the car.
Uber might cover the driver even if they had not matched with a rider at the time of the collision.
You Are the Uber Driver and Another Driver Caused the Accident
If you are an Uber driver, it is important to understand how your insurance coverage works in case of an accident. If you are not working, your personal PIP coverage should pay out regardless of fault. However, Uber will most likely refuse to pay for any injuries you sustain when you are on the clock.
Luckily, Uber’s PA insurance policy provides PIP coverage for drivers while they are working. If you suffer serious injuries, you also may be able to file a claim or lawsuit against the at-fault driver.
What Kind of Insurance Does Uber Provide in Pennsylvania?
As a part of the agreement that allows ridesharing companies to provide service in Pennsylvania, the Pennsylvania Public Utility Commission set very specific insurance regulations for Uber and similar rideshare providers.
These regulations require rideshare companies to provide primary liability coverage and PIP coverage for their drivers while they are available to accept riders. The level of this coverage depends on what the driver is doing at the time of the accident.
If the driver is not logged into the app, Uber provides:
- No coverage; instead, the driver’s own personal liability policy should apply
If the driver is available for riders but does not yet have a fare, Uber provides “as necessary” contingency coverage that includes:
- $50,000 for bodily injury per person
- A maximum of $100,000 for bodily injury per accident
- $25,000 for property damage per accident
The coverage will kick in if the driver’s own insurer refuses to pay.
If the driver accepts a fare and is en route or has a rider in the car, Uber provides:
- $1 million per accident for personal injury
- $1 million per accident for property damage
- $1 million uninsured/underinsured motorist protection coverage
Get legal help from a legal team that will never stop fighting for you.
Can I Hold Uber Responsible for a Driver’s Negligence?
Uber classifies drivers as independent contractors, not employees. Based on this classification, the rideshare company denies any vicarious liability for drivers’ negligence. However, according to a San Francisco Chronicle article, how the company classifies its drivers may matter very little when it comes to liability for accidents and injuries.
Several accident victims have already sued the rideshare company for damages. Uber settled several of these cases out of court, meaning that victims received compensation even if the company did not accept responsibility. Your lawyer can explain whether you need to pursue this type of claim in your case.
Additional Legal Considerations for Uber Passengers
You have additional legal considerations to keep in mind after an Uber accident injury, including multiple at-fault parties and shared negligence.
Multiple Insurance Claims
Uber drivers owe a duty of care to their passengers and other travelers. This means they are legally obligated to drive safely and follow traffic laws. A violation of this duty of care is often the basis for a negligence claim against the driver.
Similarly, Uber owes a duty of care to its customers. The company must take measures to protect passengers from preventable safety risks. This duty of care includes properly screening drivers for criminal backgrounds and addressing complaints about unsafe driving. If you were injured as an Uber passenger, you may have grounds for legal action against both the driver and the company.
Comparative Negligence
Under Pennsylvania’s comparative negligence law, car accident victims may be partially liable for an accident. The victim’s compensation decreases according to their percentage of fault in these cases. For example, if you were 10 percent at fault for the accident and your total damages were $10,000, you would receive $9,000 in compensation.
This scenario is common in general car accident cases but rare when the victim is an Uber car accident passenger. However, the insurance company may still try to shift the blame onto you.
Uber accident claims are complex, regardless of who is at fault. You may have more than one insurance claim against multiple at-fault parties. Navigating multiple ridesharing laws and numerous insurance claims can be especially difficult when insurance companies dispute liability. A skilled personal injury lawyer can be your best advocate as you seek fair compensation for your injuries by determining liability and negotiating on your behalf.
What To Do After a Pennsylvania Uber Accident
The steps you take after an Uber accident can mean the difference between receiving fair compensation or being left with mounting bills and no recourse. If you’ve been injured in a Pennsylvania Uber accident, be sure to do the following.
Get Medical Attention
This step is vital even if your injuries seem minor. Some injuries are not immediately apparent, and many car accident victims do not realize the full extent of their injuries until later on. Getting examined by a medical professional can establish a clear link between your injuries and the accident. It also can show that you took the necessary steps to mitigate your injuries, which can help your case. Keep copies of all medical records and bills and follow your doctor’s instructions for treatment and recovery.
Document the Crash Details
Write down what happened while your memory is fresh. Include as much detail as possible, such as the location, time of day, weather conditions, and any injuries or damages. If there were witnesses, get their contact information. You can also take photos of the accident and any visible injuries you sustained. This documentation can serve as valuable evidence for your case.
Report the Accident to Uber
Inform Uber about the accident. Uber has different links for reporting car accidents depending on whether you’re a rider or a third party. Stick to the basic facts in your report and avoid admitting fault or speculating about what happened.
Use Caution When Posting on Social Media
Insurance companies have many ways of gathering information, and one common tactic is to monitor a claimant’s social media accounts. Insurance companies can use even seemingly innocent posts against you, so it’s best to err on the side of caution.
“The safest approach is to avoid using social media altogether. You should avoid posting anything about your case or its progress on social media. This includes updates on your injuries, treatment, physical condition, physical activities including travel, comments on media stories about your case or accident, or reviews of businesses—even positive ones. The defense is going to try to knock you down and say your injuries aren't that serious.”
File an Insurance Claim
Uber has insurance policies in place to cover accidents involving their drivers. If you’re an Uber rider or third party involved in an accident with an Uber driver logged into the app at the time of the crash, you’ll want to file a claim through Uber’s insurance provider. Keep a record of all your communications and interactions with Uber and their insurance company, including emails, phone calls, and any forms or documents you complete.
Consult a Personal Injury Lawyer
A personal injury lawyer with experience handling Uber claims can guide you through the insurance claim process. Hiring an experienced attorney to handle your Uber accident claim is the best way to protect your rights and maximize your compensation. Our attorneys offer a free consultation to discuss your case and help determine the best course of action for you.
Call Cordisco & Saile LLC After a Pennsylvania Uber Accident
The lawyers at Cordisco & Saile LLC help victims of Uber and Lyft accidents in Pennsylvania, Bristol, Bethlehem, and other places to get the compensation they deserve. Knowing how to handle the Uber accident claims process can be difficult. Let us go to work for you.
Call us today at 215-642-2335 to learn more.
