Can You Sue Uber or Lyft After a Crash in Pennsylvania?

August 28, 2025

Yes, you can sue Uber or Lyft after a crash in Pennsylvania, but the path to securing compensation is not always straightforward.

Pennsylvania law establishes a specific, multi-layered insurance system that dictates which policy is responsible for your injuries. This means the question isn’t just if you can get compensation, but from whom. The primary challenge is that Uber and Lyft classify their drivers as independent contractors, a legal shield they use to deflect responsibility for a driver’s negligence.

That said, there are established pathways to hold the company accountable, sometimes by demonstrating the company’s own negligence in areas like driver screening or safety protocols.

For a clear assessment of your case, call Wapner Newman at (215) 569-0900.

The Three Tiers of Insurance: Who Pays for Your Injuries After a Rideshare Crash?

Your ability to recover damages is directly tied to the driver’s activity in the Uber or Lyft app at the moment of the accident. Pennsylvania law, specifically Act 164, created a three-tiered system to address this.

Tier 1: The Driver is Offline or the App is Off.

If the driver is not logged into the rideshare app, they are considered just another driver on the road. In this scenario, you would file a claim against the driver’s personal car insurance policy. Uber and Lyft’s corporate insurance does not apply because the driver was not engaged in any work-related activity for them.

Tier 2: The Driver is Logged In and Waiting for a Ride Request.

The moment a driver logs into the app and is available to accept passengers, a higher level of insurance coverage is triggered. If a crash happens during this period, Pennsylvania requires the rideshare company’s insurance to provide:

$50,000 in coverage for death and bodily injury per person.
$100,000 in coverage for death and bodily injury per incident.
$25,000 in coverage for property damage.

This coverage applies when the driver’s personal insurance doesn’t, which is often the case as most personal policies exclude commercial driving.

Tier 3: The Driver Has Accepted a Ride or is Transporting a Passenger.

This is the period from when the driver accepts your ride request until you are dropped off at your destination. It provides the highest level of protection. During this phase, Uber and Lyft must maintain a $1 million commercial liability insurance policy. This policy covers your medical bills, lost income, and other damages if the rideshare driver is at fault for the crash.

The Independent Contractor Problem: Why Suing Uber or Lyft Directly is a Hurdle

You might assume that if an Uber driver caused your accident, Uber is automatically responsible. It’s a logical thought, but the legal reality is different. As mentioned in the introduction, Uber and Lyft have built their business models around classifying drivers as independent contractors, not employees.

Under a legal doctrine called vicarious liability, employers are typically responsible for the negligent actions of their employees while on the job. By classifying drivers as independent contractors, Uber and Lyft attempt to sever this legal link, arguing they are merely technology platforms connecting riders with drivers, not transportation companies controlling employees.

Legal battles sometimes hinge on how much “control” the company has over its drivers. This was a central issue in the long-running Pennsylvania case, Razak, et al. v. Uber Techs, Inc., where drivers argued the company exercised significant control over their work, making them employees. Uber, however, maintains it does not provide direct supervision, a position that courts have sometimes struggled with.

This classification means that simply proving the driver’s negligence, in that they were careless and caused the crash, is usually not enough to make the company legally responsible for the driver’s actions.

How We Can Build a Case Directly Against the Rideshare Company

A case can be built directly against the company if we can show the company itself was negligent. This is a different legal argument that focuses on the company’s failures beforehand rather than the driver’s mistake in the moment of the crash.

We investigate several key areas to establish direct corporate liability:

Negligent Hiring and Retention: Did the company allow someone with a poor driving record, a criminal history, or other red flags to get behind the wheel? Pennsylvania law sets minimum driver qualifications, and failing to uphold them can be a form of negligence.
Failure to Properly Train or Supervise: While they claim a lack of control, their apps dictate routes, monitor performance through ratings, and can deactivate drivers. Did their system encourage unsafe driving behaviors, like speeding to complete more rides?
Flaws in the App or Safety Features: Did a glitch in the app distract the driver? Did the company fail to implement reasonable safety features that could have prevented harm?
Knowingly Ignoring a Problem: Was the driver the subject of previous complaints that the company ignored? If Uber or Lyft was aware a driver was a danger and did nothing, that can be a powerful point of leverage in a claim against them.

What to Do Now That You’re Home: Protecting Your Rights After the Crash

Gather Your Digital Evidence:

Take screenshots of your ride history in the Uber or Lyft app. This is a digital paper trail that proves you were in the vehicle and establishes which insurance period applies. Save any emails or communications you had with the company about the incident.

Create a Pain and Symptom Journal:

Memory fades, especially under stress, but a written record is a powerful tool. Each day, write down your pain levels, any new symptoms that appear, and how your injuries are affecting your daily life. Note specific limitations, such as pain that flares up at certain times, difficulty sleeping, or the inability to perform household chores. This documentation will become invaluable for demonstrating the full extent of your suffering when it comes time to calculate damages.

Track Every Expense:

Start a folder and keep every single bill and receipt related to the accident. This includes:

Hospital and doctor bills.
Receipts for prescription medication and medical devices.
Mileage to and from medical appointments.
Records of any lost wages from time off work.

Do Not Give a Recorded Statement to Any Insurance Adjuster.

An adjuster from the driver’s insurance or the rideshare company’s insurer will likely call you. They will usually ask questions to potentially minimize the value of your claim. You are not obligated to provide a recorded statement. Politely decline and tell them your attorney will be in contact. Anything you say can be taken out of context and may be used against you later.

What Compensation Can You Pursue in a Pennsylvania Rideshare Claim?

A successful personal injury claim allows you to demand compensation, legally known as “damages,” for all the ways the crash has impacted your life. These damages are typically divided into two categories.

Economic Damages:

These are the tangible, calculable financial losses you have suffered. They form the foundation of your claim and include:

All Medical Treatment: Past, current, and future medical expenses, from the initial emergency room visit to ongoing physical therapy and rehabilitation.
Lost Wages and Diminished Earning Capacity: Compensation for the income you’ve already lost and what you may lose in the future if your injuries prevent you from returning to your job or working at the same capacity.
Property Damage: The cost to repair or replace your vehicle or any personal property, like a laptop or phone, that was damaged in the crash.

Non-Economic Damages:

These are losses that don’t have a specific price tag but have a profound impact on your quality of life. They include:

Pain and Suffering: Compensation for the physical pain and emotional distress caused by your injuries.
Emotional Anguish: For the fear, anxiety, and trauma resulting from the accident.
Loss of Life’s Pleasures: If your injuries prevent you from enjoying hobbies, activities, or relationships as you did before.

Beyond Car Crashes: Other Types of Claims Against Uber and Lyft

While traffic accidents are the most common reason for a lawsuit, they are not the only one. The duty of care a rideshare company has extends to protecting passengers from other forms of harm during a ride.

Sexual Assault and Physical Assault:

There is ongoing nationwide litigation against Uber and Lyft involving hundreds of passengers who have filed lawsuits alleging they were sexually assaulted or attacked by their drivers. Safety reports from the companies themselves have revealed thousands of such incidents. These lawsuits often focus on the company’s failure to implement adequate background checks and safety protocols that could have prevented the assault, creating a basis for direct corporate negligence.

Frequently Asked Questions About Rideshare Accidents in Pennsylvania

What happens if the at-fault driver in my Uber/Lyft crash was another motorist, not my rideshare driver?

If another driver hits the Uber or Lyft you are in, the claim process shifts. You would first file a claim against that at-fault driver’s insurance policy. If that driver is uninsured or their policy limits are too low to cover your injuries, you can then turn to the Uninsured/Underinsured Motorist (UIM) coverage provided by Uber or Lyft, which is part of their $1 million policy.

How does Pennsylvania’s “choice no-fault” system affect my rideshare accident claim?

Pennsylvania’s system allows drivers to choose between “full tort” and “limited tort” on their personal auto insurance. However, this choice does not bind you when you are a passenger in a commercial vehicle like an Uber or Lyft. In this situation, you are automatically considered a “full tort” claimant. This means you have the right to sue for both financial losses and pain and suffering without the restrictions that might apply under your own limited tort policy.

What if the Uber or Lyft driver’s personal insurance denies my claim?

This is a common and expected scenario. A driver’s personal auto policy almost always contains an exclusion for “commercial activity.” If the insurer discovers the driver was working for Uber or Lyft, they will deny the claim. This is precisely why Pennsylvania’s tiered insurance system was created. The denial from the personal insurer is the trigger to move your claim to the rideshare company’s applicable commercial policy.

Is there a deadline to file a lawsuit after an Uber or Lyft accident in Pennsylvania?

Yes. In Pennsylvania, the statute of limitations for a personal injury claim is generally two years from the date of the accident. While there are some very narrow exceptions, if you miss this deadline, you will likely lose your right to pursue compensation forever. It is important to speak with an attorney long before this deadline approaches to ensure all necessary investigations and filings are completed in time.

Do I have to report the accident to Uber or Lyft myself?

While you should report the incident through the app, it is wise to speak with an attorney before having any detailed conversations with company representatives. Your attorney can handle all communications on your behalf to ensure your rights are protected and you do not inadvertently say something that could weaken your claim. Their goal is to resolve the matter for the lowest amount possible; our goal is to ensure you are fully and fairly compensated for all of your losses.

Your Path Forward Starts Here

Our team at Wapner Newman understands the specific laws governing rideshare accidents in Pennsylvania and has years of experience holding negligent parties accountable.

Call us today for a free consultation at (215) 569-0900.