Rideshare services like Uber and Lyft have become a fact of life. But if you have an accident with a rideshare driver, how will that be treated the same or differently than other car accidents?
In Pennsylvania, the type and amount of recovery you can make may depend on whether you have full tort or limited tort. Rideshare drivers are not employees of Uber or Lyft, they are independent contractors. This limits the companies’ responsibility for driver’s actions. And the timing is crucial in determining whose insurance will pay for injuries – the rideshare company’s, the driver’s, or yours.
Because accidents with a rideshare driver can be more complex, it is even more important to seek legal advice in these situations. If you or a family member have been injured in a car accident contact Aversa & Linn for help in evaluating your claim.
Were you a passenger in the rideshare vehicle?
If you’re riding in an Uber or Lyft at the time of the accident, Uber/Lyft’s insurance will cover payment for medical treatment. In this situation, it does not matter what type of insurance you have since you are in a commercial vehicle you will be full tort.. In fact, you may not have any insurance – the company will be responsible. You can immediately make a claim for pain, suffering, and other losses.
Were you not a rideshare passenger, injured by a rideshare driver?
If you are struck by a rideshare driver, the typical car accident laws will apply to you. In Pennsylvania, this means how much you can recover after a car accident depends on whether your own car insurance is Limited Tort or Full Tort.
Scenario 1: Injured by rideshare driver, you have Limited Tort
In Pennsylvania, if you have chosen Limited Tort, your own auto insurance will provide limited coverage for medical treatment and lost wages for any accident, including one involving a rideshare driver. This decision will make it much more difficult to pursue compensation for pain and suffering or other losses. The amount an insurance company will offer you will also likely be lower than it should be if you have Limited Tort, because they know your odds of recovering are about 50% or less.
Scenario 2: Injured by rideshare driver, you have Full Tort
If you have Full Tort coverage, you will be able to make a claim for all damages as soon as you are injured in a car accident.
The question of who is responsible depends on the timing of the accident. Rideshare companies like Uber and Lyft provide insurance coverage for their drivers, but the coverage varies depending on the driver’s status at the time of the accident.
Was the driver off-duty?
If the Uber or Lyft driver is offline, their personal insurance applies.
Was the driver logged-on to app, but had not accepted a ride?
If Uber or Lyft driver is logged into the app, Uber/Lyft insurance will apply.
In this case, Uber or Lyft will compensate up to:
- $50,000 in bodily injury per person
- $100,000 in bodily injury per accident
- $25,000 in property damage per accident
Was the driver on the way to pick up a passenger?
If the Uber or Lyft driver is en route to pick up riders or has a passenger in the car, Uber/Lyft insurance will apply. Uber or Lyft will compensate up to:
- $1,000,000 third-party liability
In summary, in accidents involving rideshare drivers, the issues will be similar to if you were in any type of car accident, with a few crucial differences, depending on if you were riding in a carshare vehicle at the time of the accident or not, and what type of insurance you have.
If you or a family member have been injured in a car accident contact Aversa & Linn for help in evaluating your claim.
