If you are involved in an accident with an Uber or Lyft driver, 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.
Rideshare passenger
In most instances in Pennsylvania, how much you can recover after a car accident depends on whether your own car insurance is Limited Tort or Full Tort. However, if you’re riding in an Uber or Lyft at the time of the accident, this will not apply. For riders in a rideshare vehicle at the time of an accident, payment for medical treatment and lost wages would be covered by Uber/Lyft insurance. Additionally, you would be able to immediately make a claim for pain, suffering, and other losses.
Not a rideshare passenger, injured by rideshare driver
If you are struck by a rideshare driver, the typical car accident laws will apply to you. In Pennsylvania, this means if you have chosen Limited Tort, your own auto insurance will provide limited coverage for medical treatment and lost wages, but you will not be able to pursue additional compensation for pain and suffering or other losses unless you meet a limited set of exceptions. 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.
However, 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.
If you have Full Tort coverage, or you fit into one of the limited exceptions, then who will be responsible if you have an accident with a rideshare driver? The answer depends on if the driver at the time of the accident was 1) off-duty 2) had accepted a ride, or 3) were logged-on to the app but hadn’t yet accepted a ride.
If the Uber or Lyft driver is offline, their personal insurance applies.
If Uber or Lyft driver is logged into the app, Uber/Lyft insurance will apply. 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
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
To better understand what could happen after a rideshare accident, let’s look at the “Fun Run”episode of The Office as an example, but let’s imagine that Michael is an Uber or Lyft driver.
In this episode, the boss of the office, Michael Scott, hits one of his employees, Meredith Palmer, with his car. Later, Michael reports what happened (kind of) to his staff:
Michael: Ladies and Gentlemen. I have some bad news. Meredith was hit by a car.
Jim: What?
Dwight: Where?
Michael: It happened this morning in the parking lot. I took her to the hospital, and the doctors tried to save her life. They did the best that they could… And she is going to be OK.
Stanley: What is wrong with you? Why did you have to phrase it like that?
Oscar: So she’s really going to be fine?
Michael: Yes. She has a slight pelvical fracture, but, ah… people have survived far worse.
Pam: Thank God you were there.
Michael: Yeah.
Andy: Did you see who did it?
Dwight: No need we can just check the security tapes.
Michael: Gah. Kind of a good news bad news there. I was able to be on the scene so quickly because I was in the car that hit her.
Jim: Who was driving?
Pam: Oh, Michael.
Meredith was injured in a car accident and needed to be hospitalized. Who will pay her medical bills? What if she suffers non-economic damages like pain and suffering? (For a full analysis of this question if Michael is NOT an Uber or Lyft driver, see this recent blog post.)
First question: what type of auto insurance does Meredith have?
Second question: what was Michael’s rideshare status when the accident occurred?
Due to Pennsylvania’s “no-fault” law for medical expenses in car accidents, Meredith’s PIP insurance will pay her medical bills, up to the policy limit.
If Meredith had been driving at the time of the accident, and had Limited Tort coverage, she would have to prove that she suffered a “serious impairment of a body function” or that she meets one of the limited exceptions to pursue any compensation for non-economic damages. The insurance company may offer her a settlement, but it will likely be much lower than what her case is worth, because they know that pursuing the case is risky for her – she may win nothing at all.
If Meredith had Full Tort coverage, she could pursue payment for her non-economic damages like pain and suffering right away. If Michael was not logged into the Uber or Lyft app at the time he hit Meredith: no coverage from Uber or Lyft would apply. If Michael was available for riders but did not yet have a fare at the time of the accident, Uber or Lyft would provide contingency coverage if the personal auto insurance refuses to pay, of up to $50,000 in bodily injury per person, $100,000 in bodily injury per accident, and $25,000 in property damage per accident.
If Michael had accepted a fare and was en route to pick up the rider, or had a rider in the car at the time of the accident, Uber or Lyft provides $1,000,000 coverage per accident for personal injury, $1,000,000 coverage per accident for property damage.
In this instance, because Meredith was a pedestrian at the time of this accident, her claim would be treated as a Full Tort claim. As such, Meredith would be able to pursue a claim against the at-fault party for non-economic damages, and could collect as soon as the accident happens.
Who she pursues a claim against depends on if Michael was on the app at the time of the accident, if he had accepted a ride, or had a passenger in his car.
Have you or a loved one been injured in an accident with a rideshare driver? Aversa & Linn can investigate your accident and advise you what options you may have after an Uber or Lyft accident.
