Who is Liable After an Uber or Lyft Accident

According to Uber’s own 2019-2020 Safety Report, Uber is a very safe way to travel, with only 0.0002 percent of all trips reporting a critical safety incident—like an auto accident. One hundred one individual motor vehicle fatalities occurred across 91 fatal Uber-related crashes during 2019-2020—thirty-two percent of these fatal accidents involved at least one vehicle that was speeding. Many fatalities involved pedestrians, bicyclists, scooter riders, and motorcyclists.

Most pedestrians killed in an Uber accident occurred on principal arterial roads and interstates rather than crosswalks or intersections. Lyft has no similar online safety report, so it’s difficult to know how often Lyft accidents occur. It is worth noting that while three-quarters of Lyft drivers said they were satisfied with their experience driving for Lyft, only 58 percent of Uber drivers reported being satisfied driving for Uber.

As of April 2019, Lyft announced it would conduct more thorough background checks for its drivers. Uber issued a similar announcement in 2018, and today, both rideshare companies claim to conduct “continuous” background checks on their drivers, along with yearly “screenings.”

With more and more Uber and Lyft drivers on the roadways, it follows that there will be an increase in auto accidents with Uber and Lyft drivers.

What Should I Do Following an Uber or Lyft Accident?

If you are involved in an Uber or Lyft accident, you must seek medical attention as quickly as possible following the accident. Your health is the most critical issue. Injuries can be masked by the adrenaline rush that floods your body during an accident. You may think you are fine, only to discover later that you are far from fine.

In addition, delaying medical attention may allow the insurer of the at-fault driver to deny your claim for damages.

The following steps should be taken following an auto accident, whenever possible:

• Call 911 and wait for the police and EMTs to arrive
• Make sure anyone injured receives medical attention
• Exchange information with all the drivers involved in the accident, including contact information and insurance information—if you can, snap a photo of insurance cards with your phone.
• Ask the police officer when the report will be ready and where you can pick it up.
• Take photographs with your cell phone of the scene of the accident, including the license plates of all vehicles involved.
• If anyone witnessed the accident—and stayed to make sure everyone was all right—obtain their contact information
• Once home, write down any details of the accident you can think of, as even the smallest fact could be important later on.
• Contact your own insurance company and let them know about the accident
• Contact your insurance company to either file a claim if you have limited tort no-fault insurance or simply to let them know about the accident if you have full tort no-fault insurance.
• Contact an experienced Uber accident attorney who can take care of the legalities of the accident while you heal from your injuries. This could be one of the most important steps following your accident, as an Uber accident attorney will have the knowledge and skills to zealously fight for your rights and your future.

Are Lyft and Uber Insured Against Accidents?

Both Lyft and Uber are insured against accidents. Lyft’s insurance includes the following:

• When the app is off, the driver’s personal auto insurance coverage applies.
• When the app is on, and drivers can receive ride requests, Lyft’s third-party liability insurance for covered accidents if the driver’s insurance does not apply includes $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 per accident for property damage.
• When the app is on, and drivers are en route to pick up passengers or have already picked up passengers, Lyft offers at least $1,000,000 for third-party auto liability. First-party coverages may include uninsured motorist coverage, underinsured motorist coverage, PIP, MedPay, or other Occupational Accident coverage.

Uber’s insurance is virtually identical:

• Third-party liability insurance coverage if the driver’s personal auto insurance doesn’t apply with $50,000 in bodily injury per person, $100,000 in bodily injury per accident, and $25,000 in property damage per accident.

When the driver is en route to pick up passengers or has already picked up passengers, Uber maintains the following auto insurance:

• $1,000,000 third-party liability, uninsured/underinsured motorist bodily injury, and first-party injury insurance.

The same insurance applies to UberEats delivery drivers.

How Does No-Fault Insurance Work in Pennsylvania?

Each state in the U.S. chooses its form of auto insurance, whether no-fault, comparative fault, or contributory negligence. Pennsylvania is one of about a dozen states that follow some version of no-fault car insurance.

Pennsylvania no-fault insurance is even more complex as it allows drivers to choose between limited and full tort coverage. Under standard no-fault insurance, your car insurance pays for medical treatment and out-of-pocket losses related to the auto accident up to coverage limits. This is known as PIP (personal injury protection) in some states. If you choose limited tort auto insurance in Pennsylvania, car insurance will pay for your injuries up to the limits.

If your injuries are extremely severe, you can sue the at-fault driver’s insurance for your medical expenses and lost wages. Pennsylvania does not allow you to file for pain and suffering under your limited tort insurance. You can only file for pain and suffering against the at-fault driver’s insurance if you suffered a disfigurement or disabling injury.

If you choose full tort coverage, you can skip filing with your insurer and go straight to filing against the at-fault driver’s insurance. Under full-tort coverage, you can recover for all your medical expenses, lost wages, lost future wages, and pain and suffering, even if your injuries are not disabling or disfiguring.

Pennsylvania drivers are required to carry minimum amounts of insurance, including $5,000 in medical benefits coverage, $15,000 for bodily injury liability per injured person when you caused the accident, $30,000 total bodily injury liability per accident when you caused the accident, and $5,000 per occurrence for property damage protection when you are at fault. As you might imagine, these limits are unlikely to cover serious accident injuries.

If your injuries and other damages are not fully covered by your own limited tort insurance and the at-fault driver’s insurance limits, you can file against Uber or Lyft for your damages. While there are laws against driving without auto insurance, many drivers nonetheless do drive without auto insurance. If you carry uninsured/underinsured motorist coverage on your own insurance policy, you could file against that insurance in the event the at-fault party does not have auto insurance.

How is Liability Determined Following an Uber or Lyft Accident?

Liability is generally determined through police reports, cameras that record the accident, witness statements, and investigations. The police will conduct an investigation at the scene of the accident, speaking to all involved and any witnesses at the scene. If fault is unclear, the insurance companies will likely conduct their own investigations. Once you have hired an experienced personal injury attorney, he or she may have the accident scene reconstructed, subpoena the black boxes from each vehicle, and look at video evidence. Determining liability is essential to collect for your damages, including medical expenses, lost wages, lost future wages, and pain and suffering.

What if My Loved One Died in an Uber or Lyft Accident?

If your loved one was killed in an Uber or Lyft accident, you will not file a personal injury claim, rather you will need to file a wrongful death claim. While you may file your wrongful death claim against the at-fault driver, your attorney will likely file against Uber or Lyft.

Wrongful death damages can range from hundreds of thousands of dollars to more than a million dollars, and few drivers have that level of insurance coverage. In Pennsylvania, the surviving spouse, children, or parents of the decedent are allowed to file a lawsuit seeking monetary damages for the wrongful death.

If no beneficiaries qualify to file a wrongful death claim, the personal representative of the decedent’s estate can file a lawsuit to recover compensation for the financial harm to the estate caused by the death. The court would consolidate the prior action with the wrongful death claim if there was a pending personal injury lawsuit for the injuries sustained in the accident before the death.

While the personal representative can only seek out-of-pocket losses that diminish the value of the decedent’s estate, the legal beneficiaries can ask for those losses, along with other monetary damages, including the loss of financial support, loss of companionship, loss of guidance, and care, and funeral and burial expenses. You must have a highly skilled personal injury attorney knowledgeable about rideshare accidents to help you through the process and fight for the settlement you deserve.

If you or someone you love suffered an injury in a rideshare accident, the Pennsylvania Uber accident lawyers at Ciccarelli Law Offices can help. Our law firm knows how to investigate these cases and establish liability clearly, so you can obtain the money you deserve. Call us today to learn more about your legal options.