Uber and other rideshare services offer a convenient transportation option for Pennsylvania travelers with limited access to transit. The latest Uber ride figures from Q4 2024 show there are 58.6 million Uber users in the US, an increase from 54.4 million in 2023. As Uber’s popularity grows, the number of accidents involving rideshares increases. If you’re a regular Uber user or suffered an injury in an Uber accident, knowing your rights under Pennsylvania law can protect you in a future settlement case.
Can You Sue Uber Directly After an Accident?
In most cases, you cannot sue Uber directly because the company classifies its drivers as independent contractors, not employees. That means Pennsylvania’s rules on “vicarious liability,” which hold employers responsible for employee actions, typically do not apply to Uber. However, that doesn’t mean you’re out of options.
Uber’s Insurance Coverage in Pennsylvania
Uber provides tiered insurance coverage based on the driver’s activity at the time of the crash:
- App Off
If the Uber driver wasn’t logged into the app, their own auto insurance applies. In Pennsylvania, the minimum required coverage is $15,000 per person, $30,000 per accident for bodily injury, and $5,000 for property damage.
- App On, Waiting for a Ride
Uber provides $50,000 per person, $100,000 per accident in bodily injury coverage, and $25,000 for property damage.
- App On, Waiting for a Ride En Route or Carrying a Passenger
Uber offers $1 million in liability coverage, as well as uninsured/underinsured motorist coverage. En route claims are often the most favorable scenario for victims seeking full compensation.
Why You Need Legal Help After an Uber Accident
Even when generous insurance policies are available, insurance companies will look for any excuse to reduce or deny your claim. That’s why you need experienced legal representation. Jeffrey Penneys has over 30 years of experience handling car accident cases. He’ll fight for your right to full compensation for medical bills, lost income, pain, and suffering by directly negotiating with Uber and the insurance adjusters to secure a fair settlement.
Can You Ever Sue Uber Directly?
In certain situations, Uber may be held directly liable. For example:
- If Uber failed to conduct a proper background check and allowed a dangerous driver on the platform
- If Uber continued to let a driver with a history of accidents or complaints keep picking up passengers
In these cases, Jeffrey Penneys will investigate whether Uber was independently negligent and pursue a claim.
Injured in a Rideshare Accident in Philadelphia?
Don’t deal with the insurance companies on your own. Call Jeffrey Penneys at (215) 771-0430 or book a consultation online. You pay no legal fees unless you win compensation. Let Jeffrey Penneys guide your recovery and fight for your future.
Rideshare Accident FAQs
What should I do immediately after being injured in an Uber accident in Pennsylvania?
First, seek medical attention even if injuries seem minor, as some symptoms may not appear immediately. Call 911 if anyone is seriously injured. Document the scene by taking photos of vehicle damage, injuries, road conditions, and traffic signs. Get the Uber driver’s information, insurance details, and license plate number.
Collect contact information from witnesses and obtain a copy of the police report number. Report the accident through the Uber app immediately, as this creates an official record with timestamp and location data.
Does Uber’s insurance cover my injuries in Pennsylvania, and what coverage is available?
Uber offers various levels of coverage depending on the driver’s status at the time of the accident. When the driver is actively transporting passengers or en route to pick up a passenger, Uber provides $1 million in liability coverage and $1 million in uninsured/underinsured motorist coverage.
Pennsylvania follows a “choice no-fault” system, meaning you may have elected either full tort or limited tort coverage on your own auto insurance, which affects your ability to sue for pain and suffering. Uber’s coverage acts as primary insurance during active trips, potentially covering medical expenses, lost wages, and other damages.
Can I sue the Uber driver or other parties involved in the accident under Pennsylvania law?
Yes, you may be able to sue depending on your insurance coverage and the severity of your injuries. If you selected “full tort” coverage, you can sue for pain and suffering for any injury. If you choose “limited tort” coverage, you can only sue for pain and suffering after a serious injury as defined by Pennsylvania law.
You may also have claims against other at-fault drivers, vehicle manufacturers (for defects), or government entities (for dangerous road conditions).
What if the Uber driver was at fault for the accident in Pennsylvania?
If the Uber driver caused the accident, you can typically file a claim against Uber’s commercial insurance policy, which provides $1 million in coverage during active trips. You may also pursue claims against the driver’s insurance if applicable.
Pennsylvania follows a modified comparative negligence rule, which means you can recover damages as long as you’re less than 51% at fault. Your compensation will be reduced by your percentage of fault. Document everything thoroughly, as Uber and its insurers will investigate to determine fault.
How does Pennsylvania’s no-fault insurance system affect my Uber accident claim?
Pennsylvania’s “choice no-fault” system means your coverage depends on the option you selected when purchasing auto insurance. If you don’t own a vehicle, you may still be covered under household members’ policies or through Uber’s coverage. Under no-fault coverage, your Personal Injury Protection (PIP) benefits typically cover medical expenses and lost wages up to policy limits, regardless of fault. However, you must still prove negligence to recover damages beyond PIP benefits, and your tort election determines whether you can sue for pain and suffering.
What damages can I recover after an Uber accident injury in Pennsylvania?
You may be entitled to recover economic damages, including medical expenses, rehabilitation costs, lost wages, and reduced earning capacity.
Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, may be available depending on your tort selection and the severity of your injuries. In wrongful death cases, families may recover funeral expenses, loss of financial support, and loss of companionship. Pennsylvania does not cap most damages in personal injury cases, but workers’ compensation benefits may offset some awards if the accident occurred during work hours.
How long do I have to file a lawsuit after an Uber accident in Pennsylvania?
Pennsylvania’s statute of limitations for personal injury claims is generally two years from the date of the accident.
The deadline can vary based on specific circumstances, such as if the injured party is a minor or if the claim involves government entities, which may have shorter notice requirements.
Property damage claims also have a two-year statute of limitations. It’s crucial to act promptly, as evidence can disappear and witness memories fade. Consulting with an attorney early helps preserve your rights and ensures you meet the highest documentation standards.
Should I accept Uber’s initial settlement offer?
You should be cautious about accepting any quick settlement offers before fully understanding the extent of your injuries and damages. Insurance companies often make low initial offers, hoping to reduce the cost of claims.
Pennsylvania law doesn’t require you to have an attorney, but complex cases involving serious injuries, disputed fault, or multiple parties often benefit from legal representation.
Experienced attorneys can evaluate the full value of your claim, negotiate with insurers, handle Pennsylvania’s specific legal requirements, and ensure you don’t waive your rights.
What if I was a passenger in another vehicle hit by an Uber or a pedestrian struck by an Uber driver?
As a passenger in another vehicle or as a pedestrian, you’re typically not at fault and may have claims against multiple insurance policies.
You can pursue compensation from the Uber driver’s insurance, Uber’s commercial policy (if the driver was active), and potentially the other driver’s insurance if multiple vehicles were involved. Pennsylvania’s comparative negligence law may still apply if you contributed to the accident (such as jaywalking).
How do I handle medical bills and expenses while my Uber accident claim is pending in Pennsylvania?
Start by using your health insurance to cover immediate medical needs, as this prevents treatment delays and protects your credit.
If you have auto insurance with PIP coverage, it typically pays medical expenses and partial lost wages regardless of fault. Pennsylvania law may allow you to seek reimbursement for out-of-pocket costs upon the conclusion of the case. Keep detailed records of all accident-related expenses, including transportation to medical appointments.