Uber and Lyft Accident Lawyers in Pennsylvania: Which Policy Applies Depends on the App
The coverage available swings from 15,000 dollars to a million depending on what the driver was doing at that second.
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Which insurance applies turns entirely on the driver app status at the moment of the crash. App off, only their personal policy. App on and waiting, a limited contingent policy. On the way to a passenger or carrying one, a one million dollar commercial liability policy applies. Preserving the trip record is what proves which period you were in.
Three periods, three very different policies
| Driver status | Coverage that applies |
|---|---|
| App off, driving personally | Their personal auto policy only, often Pennsylvania minimum limits |
| App on, waiting for a request | A limited contingent liability policy from the rideshare company, well below the trip policy |
| Request accepted, en route to collect | One million dollars commercial liability |
| Passenger in the vehicle | One million dollars commercial liability |
The difference between period one and period three is the difference between a claim that covers a serious injury and one that does not. It can turn on seconds.
Why the trip record is the case
App status is not something you can establish later from memory. The trip data sits with Uber or Lyft, and it shows precisely when the request was accepted, when the driver was en route, and when the ride began and ended.
If you were the passenger, screenshot your own trip receipt immediately. It contains the driver’s name, the vehicle, and the exact times. Riders frequently delete these without thinking, and it is the single most useful document in the case.
If you were in the other vehicle, you may not know the driver was working at all. Ask at the scene, photograph any windscreen placard, and tell us early so a preservation request goes to the company while the data is current.
The driver is not an employee, and that is the point
Both companies classify drivers as independent contractors, which is a substantial part of why the corporate policy is structured the way it is rather than exposing the company to ordinary employer liability. In practice this means the fight is usually about which policy applies, not about whether Uber or Lyft is directly responsible for the driving.
If you were the passenger
You are almost never at fault, which simplifies liability considerably. What it does not simplify is who pays when your driver and another driver each blame the other. Both carriers may point across, and the passenger’s claim can sit still while they do. That is an argument to have somebody push it rather than wait.
What to do
- Screenshot the trip receipt and the driver details before anything else.
- Photograph both vehicles, the placard, and the scene.
- Report the crash in the app, which creates a record with a timestamp.
- Get treated, and say a rideshare vehicle was involved.
- Call quickly so the trip data is preserved formally.
The attorneys who handle these cases
Every one of these bar numbers is searchable on the Pennsylvania Disciplinary Board register. The person who takes your call is the person at your hearing.
-
Kenneth R. Schuster
Founding Member
Read Kenneth’s background -
Justin M. Bernstein
Associate
Read Justin’s background -
Christopher D. Gasda
Associate
Read Christopher’s background -
Anthony S. Pinnie
Of Counsel
Read Anthony’s background -
Joseph J. Jachetti
Associate
Read Joseph’s background -
Andrew Valentin
Associate
Read Andrew’s background
Questions people ask us about this
How much insurance is available after an Uber or Lyft crash?
It depends entirely on the driver's app status at the moment of impact. App off, only their personal policy. App on and waiting, a limited contingent policy. Once a request is accepted or a passenger is aboard, a one million dollar commercial liability policy applies. The gap between those is enormous.
I was the passenger. What should I do first?
Screenshot your trip receipt before you do anything else. It records the driver, the vehicle and the exact times, and it is the single most useful document in the case. Passengers routinely delete these and then have to prove app status the hard way.
I was in the other car and did not know they were driving for Uber.
Ask at the scene and photograph any windscreen placard. Tell us early so a formal preservation request goes to the company while the trip data is current. Which period the driver was in decides whether a one million dollar policy or a minimum limits policy applies.
Can I sue Uber or Lyft directly?
Usually the fight is about which policy applies rather than direct corporate liability, because both companies classify drivers as independent contractors. That said, the commercial policies they carry are substantial, and identifying the correct period is what brings into play them.
My driver and another driver are blaming each other. What happens to my claim?
As a passenger you are almost never at fault, so your claim is strong on liability. The practical problem is that both carriers can point at each other while your claim sits still. That stalemate usually only breaks when somebody is actively pushing it.
Both Delaware County offices
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Serving south and riverfront Delaware County.
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