Montgomery County Rideshare Accident Claims: Who May Be Responsible After an Uber or Lyft Crash?

Travel throughout Montgomery County has changed dramatically in recent years. Rideshare companies like Uber and Lyft provide individuals in need of transportation with an additional option previously unavailable. 

Despite the speed and ease of securing a ride, rideshare companies are just as much at risk for accidents. The busy roads of Montgomery County, including Interstate 476 and US 202, are frequently congested and prone to accidents. For a rideshare passenger, it is essential to understand who may be responsible for an accident and how to secure the best help available. 

Insurance Claims for Rideshare Accidents in Montgomery County

Frequently, law enforcement will arrive at the scene of a rideshare accident in Montgomery County. By creating a report based on the events of the accident, insurance companies and attorneys alike can consider when it occurred. When evaluating a claim to determine fault, the police report offers what may be the first piece of evidence available for any party to review. 

Are Rideshare Drivers More Likely to Cause Car Accidents?

Rideshare drivers are frequently the cause of accidents in which they are involved. These drivers spend many hours behind the wheel. That road time can cause them to experience fatigue that most motorists are not prone to. Driving at peak traffic times, late at night, or early in the morning means that rideshare drivers operate their vehicles when roadways are most crowded, and they are most fatigued. 

Determining Liability in an Accident Involving Uber or Lyft

The major question in a car accident involving a rideshare vehicle concerns the driver’s status. Determining whether the driver was logged on or off at the time of the accident determines coverage. 

When a driver is logged off at the time of a car accident, the rideshare company does not provide insurance for the driver. When this happens, the driver’s personal auto insurance policy becomes active. Property damage minimums of $5,000 and total bodily injury coverage of $30,000 ($15,000 per person) must be maintained while operating a vehicle within the state of Pennsylvania. 

An important part of this discussion is to keep in mind that most private insurance companies will not allow one of their policies to cover an accident involving a rideshare driver. This puts an injured driver in an unenviable situation, perhaps without an insurance company under which a claim may be successfully pursued. Gaps in coverage can also affect an injured driver’s ability to seek damages for their injuries and other losses. 

What Happens When a Rideshare Driver is Logged On But Has No Passenger?

Uber and Lyft provide similar coverage for drivers who are logged into the app but have not accepted a ride. Those coverage limits include $50,000 per person for injuries, $100,000 per accident (for those involving more than one person or vehicle), and $25,000 for property damage. Keep in mind that the driver’s own auto insurance company must either pay out as much as it can or decline participation in the process before rideshare insurance becomes available. 

Liability for a Rideshare Accident When the Driver is Actively Engaged in Providing a Ride

Insurance coverage increases when a rideshare driver has either accepted a ride or is actively providing a ride to a passenger. Essentially, $1 million in coverage is available for the following:

• Third-party injuries
• Underinsured or Uninsured Coverage for injured motorists and their passengers if the   at-fault driver lacks sufficient insurance 

While these insurance protections apply to all persons in vehicles during rides, there may still be disagreements between insurance companies over which driver is at fault for the accident. The more vehicles involved in an accident, the more likely there will be disagreement over fault. Avoiding payment of claims altogether or delaying payment of claims where liability has been accepted is common. 

Comparative Negligence in Montgomery County Rideshare Accidents

Pennsylvania applies modified comparative negligence in rideshare accident cases. This places a heavy emphasis on the degree of fault borne by each driver involved in an accident. Courts and insurance companies alike are concerned with each driver’s role. 

Specifically, if a driver is determined to be at fault for any part of the accident, the damages they receive will be reduced by that percentage. For example, in a two-vehicle accident, if the rideshare driver is found to be 80% at fault, the other driver is 20% at fault. If the “other” driver receives $50,000 in total damages, $10,000 (20%) would be taken off the top, leaving the driver with $40,000 in compensation. 

At the same time, if a single driver is determined to be more than 50% at-fault for an accident, they are unable to recover damages in an accident case. A thorough review of all available evidence must be undertaken to provide a complete assessment of the factors contributing to the fault in an accident. Police reports, photographs, video footage, and property damage are all important when determining fault in a rideshare accident. 

Services Provided by a Montgomery County Rideshare Accident Lawyer

Rideshare companies are notoriously difficult to hold accountable for accidents. Avoiding responsibility seems to be second nature to these businesses. As a result, injured drivers must be vigilant about protecting their rights. Making strong arguments by effectively utilizing evidence becomes essential in the pursuit of justice.

Contact Anthony C. Gagliano, III, Esquire, P.C. for a Free Case Review

Take nothing for granted in a rideshare accident. When it matters most, contact an experienced Montgomery County rideshare accident lawyer. Free case reviews are available. Gain a better perspective on your specific situation and develop a strategy on how best to move forward.