You called an Uber or Lyft expecting someone else to handle the driving. Maybe your driver was taking you along Roosevelt Boulevard, through Bustleton, or toward another part of Northeast Philadelphia when a rideshare accident happened. The vehicle may have been rear-ended, struck at an intersection, sideswiped, or involved in another collision.
Now you are dealing with injuries, medical appointments, missed work, and insurance questions you probably were not expecting to answer.
You were the passenger, not the person making the driving decisions: So which insurance coverage could apply to your medical bills and other losses?
The answer can depend on who caused the collision, whether another vehicle was involved, where your trip began, and which coverage was in effect when the crash occurred.
When you are already inside an Uber or Lyft during an active trip, the driver is no longer simply logged into the app waiting for a passenger. The driver is engaged in the ride you requested.
That matters because Pennsylvania law imposes different insurance requirements depending on what the rideshare driver was doing when the crash happened.
For a ride that originates in Philadelphia, a “prearranged ride” begins when the driver accepts the passenger’s request through the app and continues until the last passenger leaves the vehicle.
During that period, Pennsylvania law governing Philadelphia rides requires at least $500,000 in primary automobile liability coverage for death, bodily injury, and property damage. It also requires first-party medical benefits on a per-incident basis, including $25,000 for passengers and pedestrians.
Those figures are insurance requirements, not automatic payments to an injured passenger. What coverage is actually available to you depends on the circumstances of the crash, the injuries and losses involved, and the policies that apply.
Suppose your rideshare driver follows another vehicle too closely and rear-ends it, runs a red light, makes an unsafe turn, or changes lanes without enough room.
In that situation, the rideshare driver’s conduct can become central to determining responsibility for your injuries.
As a passenger, you ordinarily were not controlling the speed of the vehicle, deciding when to turn, or choosing whether it was safe to change lanes. The focus instead turns to how the rideshare vehicle was being operated and whether the driver failed to use reasonable care.
The insurance analysis is also different from an ordinary private-car trip because rideshare-specific coverage requirements apply while the driver is engaged in a prearranged ride.
If there is a dispute over what happened, records connected to the trip can help establish when the driver accepted the ride request and whether the trip was still underway when the collision occurred.
The Uber or Lyft driver is not necessarily the person who caused the crash.
Another motorist may rear-end your rideshare vehicle, run a stop sign, turn into its path, or otherwise cause the collision.
If another driver caused the collision, that driver’s liability insurance can become one potential source of compensation for your injuries.
The insurance tied to the rideshare trip can still matter as well. Pennsylvania law requires passenger medical benefits while the driver is engaged in a prearranged ride, so some medical expenses may involve first-party coverage rather than depending entirely on which driver ultimately caused the crash. Other claims for losses caused by the collision may involve the liability coverage of the responsible driver or drivers. Which coverage applies, and how the policies interact, depends on the facts and available insurance.
There can also be crashes in which more than one driver contributed to what happened.
For example, another vehicle might enter an intersection improperly while the rideshare driver was also traveling too fast for conditions. In that situation, determining whose insurance applies may require examining the conduct of both drivers rather than assuming that only one policy matters.
For an injured passenger, the important point is that the insurance picture cannot always be determined simply by deciding which driver looked more responsible at the scene.
If your crash happened in Northeast Philadelphia, the location of the collision is not the only geographic detail that can matter. Where your Uber or Lyft picked you up determines which Pennsylvania rideshare regulatory framework governs the trip.
Pennsylvania has a statewide framework for transportation network services, while separate provisions govern transportation network services originating in Philadelphia. If your Uber or Lyft trip began in Northeast Philadelphia, the Philadelphia-specific provisions generally govern that ride. If the trip originated outside Philadelphia and later entered the city, the statewide framework generally applies instead.
For passengers who are already on a prearranged ride, both frameworks impose similar minimum insurance requirements. Even so, identifying where the trip originated helps establish which law governs the ride and which records and insurance provisions apply.
You do not need to sort through those statutes at the crash scene. What you can do is preserve the trip receipt and app information showing the pickup location, driver, vehicle, and time of the ride. Those details can help establish the legal framework governing the trip.
After an ordinary two-car crash, exchanging insurance information may identify the drivers and insurance policies involved. After an Uber or Lyft crash, it is also important to identify information connecting the driver and vehicle to the rideshare trip that was underway when you were hurt.
Your trip receipt and app history can help document the driver, vehicle, pickup location, destination, and time of the ride. Save the receipt and take screenshots while that information is readily available.
Other useful records can include:
Records beyond your own phone can also help confirm that the driver was engaged in the rideshare trip when the crash occurred. After an accident, a rideshare driver must disclose to directly interested parties, insurers, and investigating police whether the driver was logged into the network or engaged in a prearranged ride at the time of the accident.
During a claims coverage investigation, transportation network companies and potentially applicable insurers must also cooperate in exchanging relevant information, including the driver’s login and logout times surrounding the accident and information about the available coverage, exclusions, and limits.
That information can help answer the question that matters to you: which insurance was actually in effect when you were injured?
At Cohen & Riechelson, we understand how quickly those questions can become complicated when a rideshare crash involves multiple drivers or insurers. Reviewing the trip information together with the circumstances of the collision can help put the different pieces of the claim into context.
A rideshare crash can affect much more than the trip you were taking. You may leave the scene in an ambulance, need follow-up care after an emergency-room visit, miss shifts or workdays, or continue dealing with pain after the visible damage to the vehicles has been repaired.
Depending on the facts, applicable insurance rules, and available coverage, an injury claim can involve medical expenses, lost income, and other damages, including pain and suffering when recoverable under Pennsylvania law.
The fact that you were riding in an Uber or Lyft does not determine the value of an injury claim. The nature and duration of your injuries, the treatment you need, time away from work, other financial losses, who caused the crash, and the insurance available can all affect the analysis.
Start with your health. Seek appropriate medical care and follow the treatment recommendations you receive.
Then preserve the information that identifies the trip. Save the rideshare receipt, driver information, screenshots from the app, and any messages or notifications relating to the ride.
If another vehicle was involved, keep that driver’s insurance information as well. Save photographs, witness information, medical documents, receipts, and records showing missed work.
You may also hear from more than one insurance company.
Before giving detailed recorded statements, make sure you understand which insurer you are speaking with and what role that insurer has in the accident.
Because more than one policy can be involved, do not assume the first insurer that contacts you is the only source of potentially applicable coverage. Identifying who caused the crash, where the trip began, and which policies apply can help clarify your next steps.
Being injured while someone else was driving can be especially frustrating. You trusted the rideshare driver to get you to your destination, and now you may be managing medical treatment, missed work, and calls from insurers while trying to recover.
At Cohen & Riechelson, we represent people injured in motor vehicle accidents in Northeast Philadelphia, Bucks County, and surrounding communities. We can review how the crash happened, identify the rideshare and automobile insurance information that matters, and explain the options available under Pennsylvania law.
If you or someone you love was injured while riding as an Uber or Lyft passenger, contact Cohen & Riechelson to discuss what happened and learn more about your legal options.
Disclaimer: The articles on this blog are for informational purposes only and are not a substitute for legal advice from an attorney. Reading this article does not create an attorney-client relationship. If you need legal advice about your specific situation, please contact our law firm directly.
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