Can I File a Claim Against the Rideshare Company Directly?
Yes, you can often file a claim against the rideshare company directly after an accident, but whether your claim is successful depends on what the driver was doing at the time of the crash. The insurance rules are complex and change based on whether the driver was waiting for a ride, on the way to pick someone up, or had a passenger in the car. These details are key to holding the responsible parties accountable and pursuing the compensation you need to recover.
Key Takeaways for Filing a Claim Against a Rideshare Company
- A person’s ability to file a claim against a rideshare company is determined by the driver’s status in the app during the accident.
- Rideshare companies in Pennsylvania are required by law to carry specific insurance policies that cover drivers, passengers, and third parties under certain conditions.
- The claims process can be complicated by arguments over liability and the driver’s status as an independent contractor.
- Evidence from the rideshare app, such as ride history and timestamps, is critical for establishing which insurance policy applies.
- Damages in a successful claim can include medical expenses, lost income, and compensation for pain and suffering.
Understanding How Rideshare Insurance Works in Pennsylvania
To determine if you can file a claim against the rideshare company, you first need to understand how their special insurance system works. It is not as simple as a standard car insurance policy. Instead, the coverage is divided into different periods based on the driver’s activity in the app.
Pennsylvania law sets specific insurance requirements for rideshare services, which are legally called Transportation Network Companies (TNCs). These laws are designed to protect everyone on the road, from passengers to pedestrians crossing a busy street in Center City.
The coverage available from the rideshare company typically depends on one of three situations:
- Period 1: The Driver’s App is Off. If the driver is not logged into the rideshare app, they are considered to be driving for personal reasons. In this case, only their personal auto insurance policy would apply to an accident. The rideshare company has no responsibility.
- Period 2: The App is On, and the Driver is Waiting for a Request. Once a driver logs in and is available to accept rides, a limited insurance policy from the rideshare company is activated. This policy only applies if the driver’s personal insurance doesn’t cover the incident. Pennsylvania law requires TNCs to provide liability coverage of at least $50,000 per person for injuries, $100,000 total per accident for injuries, and $25,000 for property damage during this period.
- Period 3: The Driver Accepts a Ride and is Actively Engaged. This period begins the moment the driver accepts a ride request and continues until the passenger is dropped off. During this time, the rideshare company’s full commercial insurance policy is in effect. This policy must provide at least $1 million in liability coverage for death, injury, and property damage.
These distinct periods are the most important factor in determining who is financially responsible after a crash.
When Can You File a Claim Against the Rideshare Company?
Whether you were a passenger, another driver, or a pedestrian, your ability to file a claim against the rideshare company hinges on the driver’s status during the collision. The company’s substantial $1 million policy is a critical resource for those who suffer serious injuries, but accessing it requires proving the driver was in “Period 3.”
Let’s look at a few common scenarios you might face after a rideshare accident on the Schuylkill Expressway or a neighborhood street.
If You Were a Passenger in the Rideshare Vehicle
This is often the most straightforward situation. If you are injured while riding as a passenger, the rideshare company’s $1 million insurance policy should cover your damages. This applies regardless of who was at fault for the crash. The coverage is meant to protect passengers and can help pay for:
- Hospital bills and ongoing medical treatment
- Lost wages if you cannot work
- Pain, suffering, and emotional distress
Even in this scenario, the company’s insurance adjuster may try to settle your claim for less than it is worth, so it is important to understand the full extent of your damages before agreeing to anything.
If You Were in Another Car Hit by a Rideshare Driver
Here, the driver’s app status is everything. If the rideshare driver had accepted a ride or was transporting a passenger (Period 3), you can file a claim against their company’s $1 million policy. If the driver was logged in but waiting for a request (Period 2), the company’s smaller, contingent policy may apply if their personal insurance denies the claim. If the driver’s app was off, you would need to file a claim with their personal auto insurance company.
If You Were a Pedestrian or Cyclist
Pedestrians and cyclists hit by a rideshare vehicle face a similar situation. The responsible insurance policy depends on the driver’s activity. Given the severe injuries that can occur when a vehicle hits a person, securing access to the $1 million commercial policy is often essential for a fair recovery. Proving the driver was actively working at the time of the incident is the first and most critical step.
The Challenges of Filing a Claim Against a Rideshare Company
Even when it seems clear that the rideshare company’s insurance should apply, getting fair compensation is rarely easy. These are massive corporations with teams of lawyers and insurance adjusters focused on protecting their bottom line. They often use specific tactics to deny or reduce the value of claims.
Dealing with Large Corporate Insurers
When you file a claim against a rideshare company, you are not dealing with a small, local insurance agent. You are up against a major commercial insurer that handles thousands of claims. Their goal is to resolve your case for the lowest possible amount. They may pressure you to give a recorded statement, ask for access to your entire medical history, or make a low settlement offer before you even know the full extent of your injuries.
Proving the Driver’s Status
The burden is on you, the injured person, to prove what the driver was doing at the moment of the crash. This can be difficult without help. The rideshare company has access to all the digital data, including logs showing when the driver was online and when they accepted a trip. Securing this evidence is vital. An attorney can formally request this information and use it to establish which insurance policy should cover your damages.
The “Independent Contractor” Argument
Rideshare companies almost always classify their drivers as independent contractors, not employees. This is a key legal distinction. By doing so, they try to avoid direct responsibility for their drivers’ actions. They may argue that because the driver is an independent business owner, the company is not liable for their negligence.
While their insurance policies are required by law, this argument can still complicate the claims process. Successfully challenging this defense requires a deep understanding of personal injury and employment law.
The path to compensation after an Uber or Lyft accident is often filled with these and other obstacles.
Steps to Take After a Rideshare Accident in Philadelphia
If you have been involved in a rideshare accident, the steps you take in the hours and days that follow can protect your health and your right to compensation. Once you are home and have addressed any immediate medical needs, it is time to focus on documenting what happened.
- Continue Your Medical Care. Your health is the top priority. Follow all your doctor’s recommendations, attend follow-up appointments, and keep a record of every medical visit and expense. Adrenaline can mask injuries like whiplash or even a traumatic brain injury, and symptoms may not appear for days. Consistent medical records create a clear link between the accident and your injuries.
- Gather and Organize Your Information. The more evidence you have, the stronger your claim will be. Try to collect the following:
- The name of your rideshare driver and the make and model of their car.
- A screenshot of your trip receipt from the app.
- Any photos or videos you took at the accident scene.
- The police report number and the name of the responding officer.
- Contact information for any witnesses.
- Report the Accident in the App. Use the rideshare app to officially report the accident. When you do, stick to the basic facts of what happened. Do not guess about details or accept any blame. This creates an official record with the company that you can reference later.
- Be Cautious with Insurance Adjusters. An insurance adjuster from the rideshare company will likely contact you soon after the accident. Remember, their job is to save their company money. You are not obligated to give them a recorded statement. It is often best to politely decline and tell them you will have your attorney contact them.
Taking these organized steps can help you build a strong foundation for a potential personal injury claim.
FAQs: Can I File a Claim Against the Rideshare Company Directly?
Here are answers to some common questions that arise after a rideshare accident.
What if my rideshare driver was not at fault for the accident?
If another driver was at fault for the crash, you would typically file a claim against that driver’s insurance policy first. However, if that driver is uninsured or does not have enough insurance to cover your injuries, the rideshare company’s Uninsured/Underinsured Motorist (UM/UIM) coverage may apply, provided you were a passenger in an active ride (Period 3).
Does Pennsylvania’s “choice no-fault” system affect my rideshare accident claim?
Yes, it can. In Pennsylvania, you choose between “full tort” and “limited tort” on your personal auto insurance. If you have limited tort, your ability to recover compensation for pain and suffering is restricted in some cases. However, there are exceptions. If you were a passenger in a commercial vehicle like a rideshare car, you might be able to pursue a full tort claim regardless of your own policy. The rules are complex, and the specifics of your case matter.
How long do I have to file a rideshare accident lawsuit in Pennsylvania?
In Pennsylvania, the statute of limitations for most personal injury cases is two years from the date of the accident. This is a strict deadline established by state law. If you do not file a lawsuit within that time, you will likely lose your right to seek compensation in court.
What if the rideshare company’s insurance offer doesn’t cover all my medical bills?
You should never accept a settlement offer until you know the full, long-term cost of your injuries. A quick offer may not account for future surgeries, physical therapy, or lost earning capacity. If an initial offer is too low, you have the right to negotiate for a fair amount that covers all your past and future damages.
Can I still file a claim if I wasn’t wearing a seatbelt as a rideshare passenger?
Yes. In Pennsylvania, the fact that you were not wearing a seatbelt cannot be used to argue that you were at fault for your injuries or to reduce your compensation in a civil lawsuit. Your primary right to recover damages remains intact, though it is always safest to wear a seatbelt.
A Philadelphia Personal Injury Lawyer Can Help You Move Forward
The legal system can be a powerful tool for holding negligent parties accountable. But handling a personal injury claim requires experience and dedication to achieve a just outcome. At Leonard Hill Personal Injury Lawyers And Car Accident Lawyers, we have spent our careers fighting for people who have been harmed by the carelessness of others.
We use honest, straightforward communication to help you understand your options and provide the personalized attention your case deserves. Our focus is on getting the effective results you need to rebuild your life.
The sooner you speak with us, the sooner we can begin protecting your rights. Contact us today at (215) 567-7600 or through our online form for a free consultation to discuss your case.