If you feel that your rideshare accident was due to your driver’s negligence, call Edelstein Martin & Nelson to schedule your free case evaluation. A Philadelphia Lyft accident lawyer can help you understand your legal options.
When all you are wanting is a safe ride home, it can be especially difficult to deal with the aftermath of a car accident involving the company you called to ensure your arrival. The Pennsylvania rideshare accident lawyer at Edelstein Martin & Nelson are here to help you navigate the hardships you may be facing so that you can focus on your physical and emotional recovery.
You may be entitled to compensation if you have been injured in an accident involving Uber or Lyft. Contact the law offices of Edelstein Martin & Nelson to learn more about your legal rights and how we can help you. Since the introduction of rideshare companies like Uber and Lyft, millions of Americans have relied on them to get them where they are going safely. Unfortunately, rideshare drivers are just as prone to the common risks of the road as any other driver. There are approximately 1.7 million rideshare drivers in the United States as of 2023, with Uber and Lyft accounting for nearly all of them. Additionally, 36% of our 300 million US population has stated that they’ve used Uber or Lyft to get where they need to go at least once in their lives.
Many use these rideshare companies to get home after a night out, and their desire to keep themselves and others safe is hindered if the car they are riding in is involved in an accident. A Philadelphia Lyft accident lawyer can help you navigate your legal options.
If you were involved in an accident while using Uber or Lyft, you may find yourself frustrated and confused about what you should do next. You tried to take the safer option, only to find yourself under a mountain of medical bills and in a constant back and forth with various insurance companies. What do you do now? A Pennsylvania Lyft accident lawyer can help you navigate your legal options.
Rideshare accidents are different from regular car accidents or even typical commercial vehicle accidents for several reasons:
This can make an accident extra confusing for anyone involved in terms of determining liability. Regardless of who caused the accident, if you find yourself involved in one, report the incident through your Uber or Lyft app as soon as possible, seek medical care, and then contact a Pennsylvania Uber accident lawyer.
Rideshare drivers have a duty of care to their clients to operate their vehicles in a safe manner. This includes obeying traffic signals and common road laws, and not driving while under the influence. By breaking this duty of care while behind the wheel, Uber and Lyft drivers endanger their clients, themselves, and anyone else on the road. Some of the most common causes of rideshare accidents are:
Injuries associated with rideshare accidents are very similar to those we see in any other car accident. These can include:
An accident during an Uber or Lyft trip is going to be different from a normal car accident between two parties, or even a commercial accident involving a trucking company. Commercial accidents generally involve more than one liable party, but rideshare accidents present some unique circumstances that can make a personal injury claim more difficult. While Uber and Lyft drivers carry their own personal insurance, it may not apply to an accident claim. A lot of policies exclude “business activities” from their services, which means that an Uber or Lyft driver probably won’t be able to use their own coverage for the accident. The more popular rideshare companies do have their own insurance that they provide to their drivers, but dealing with them can often be overwhelming. Making things even more confusing is Pennsylvania’s hybrid car insurance model.
In the state of Pennsylvania, drivers are able to choose what kind of coverage they would like to have. Depending on the coverage your rideshare driver has, this could potentially make a difference in your claim. When preparing your policy as a driver in Pennsylvania, you will have two options: Limited Tort or Full Tort. Limited Tort Coverage is what most drivers go with, as it comes with a less expensive monthly premium. However, if you have limited tort coverage, you waive your right to compensation for pain and suffering. Full Tort Coverage is more expensive monthly, but if you ever find yourself needing to file a claim, you will likely appreciate the nominal monthly difference when you can be compensated for far more. Coverage for pain and suffering means you can receive damages for the emotional toil caused by the accident. Since pain and suffering damages generally include things like anxiety, depression, and post-traumatic stress disorder, we believe it is well worth the extra cost.
Filing a claim after a rideshare accident can be complex. Many factors affect the process, like knowing how the accident occurred, who was at fault, and whether the driver was actively working. If you have full tort coverage, you can receive compensation for all damages related to the accident, including lost wages, pain and suffering, and loss of quality of life. But if you only have limited tort coverage, you might only be covered for certain out-of-pocket expenses related to the accident, like medical bills. However, you may be able to file a lawsuit directly against the at-fault driver even if you only have limited tort coverage, but in order to do this you must prove that your injuries meet Pennsylvania’s serious injury threshold. It is also important to note that Pennsylvania has a 2 year statute of limitations on personal injury claims, which means that you must file your claim within two years of the date of the accident. Filing a claim can be a very complicated process, so if you have any questions about your rights or how to file against a rideshare company, reach out to one of our rideshare accident attorneys. We can represent you on a contingency fee basis so you don’t have to pay anything out of pocket to get help.
Uber and Lyft do provide insurance coverage to their drivers, but since accidents involving rideshare drivers are often complex, liability insurance has several limitations. Some cases might involve more than one insurance company, including the driver’s personal car insurance. The limitations on Uber and Lyft coverage are listed below:
If the driver is on their way to pick up someone and is then in an accident, the insurance covers:
If there is a passenger inside the car at the time of the accident, then Lyft coverage offers:
After your accident, Uber or Lyft will likely offer you a settlement payout. This may seem like a relief to you, but you should be aware that insurance companies are notorious for lowballing settlement offers so that they don’t lose as much money. They will especially do this if they know you do not have legal counsel representing your best interests. Before accepting any offer from a rideshare insurance company, call one of our rideshare lawyers to negotiate for you. The insurance company is likely trying to get you to accept too little to cover your expenses. We can use our skills and knowledge to negotiate with the insurance company on your behalf for a far better outcome.
Uber and Lyft classify their drivers as independent contractors and not employees. Because of this, these companies do not have to uphold the usual vicarious liability for their drivers’ negligence. This means that they have found a loophole around paying for workers’ compensation or any injuries to others caused while one of their drivers was working. Generally, liability will fall with either the rideshare driver or another driver that caused the accident. It is still possible to sue companies like Uber or Lyft, but for that you will absolutely need an experienced rideshare accident attorney to proceed. Rideshare drivers are not held to the same safety standards as, for example, taxi drivers or bus drivers. Uber and Lyft drivers are responsible for their own vehicle inspections and safety practices. This only adds to the difficulty of determining liability in personal injury claims.
If you’ve been involved in an accident, you may not know what steps you should take next. Here is a quick guide to help you through:
The rideshare insurance company will likely contact you to learn more about the accident. It is wise to speak with your attorney before speaking with any other party to the accident, to avoid accidentally saying something that could hurt your claim.
Your compensation may be affected by your choice in limited tort or full tort coverage. You will want to discuss this with your attorney, but generally you are entitled to compensation for the following damages:
Even the most cut-and-dry car accidents can be complex. But it can quickly become overwhelming when the accident involves multiple insurance companies, including a rideshare corporation. An attorney can help you navigate the process in the following ways:
When all you are wanting is a safe ride home, it can be especially difficult to deal with the aftermath of a car accident involving the company you called to ensure your arrival. The Pennsylvania rideshare accident attorneys at Edelstein Martin & Nelson are here to help you navigate the hardships you may be facing so that you can focus on your physical and emotional recovery.
Give us a call at 888-208-1810 for your free consultation, and let us take care of your legal battle so you can focus on your recovery.
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