Montgomery County Rideshare Accident Attorney

Rideshare service use has exploded over the past 10 years. Though this service is convenient and is often credited for reducing the number of driving under the influence (DUI) cases on the roads, car accidents still occur, including those involving rideshare vehicles.

There were 110,765 car accidents in Pennsylvania in 2024, relatively consistent with the 110,382 reported statewide in 2023.

Montgomery County saw similar consistency in its overall crash statistics, with 7,730 accidents reported in 2024, up slightly from 7,674 in 2023. But Montgomery County was among the ten Pennsylvania counties with the most reported traffic crashes and traffic-related fatalities in both 2023 and 2024.

How many of these accidents involve rideshare services? That is unknown. It is not a number that can be found on state or county statistics reports. Unlike a taxi service, a rideshare car is often not marked or numbered, so it would be hard to track if there were a spot for it on the state statistics reports.

A tricky part of seeking compensation for injuries from an accident on a rideshare serve trip is that drivers for companies such as Uber and Lyft are independent contractors using their own vehicles. A tricky part of seeking compensation for injuries from an accident on a rideshare service trip involves navigating how insurance coverage differs from traditional Uber and Lyft cases, much like situations in slip and fall claims where liability can be unclear.

The good news is that in the cases of either Uber or Lyft drivers, Pennsylvania law requires them to have insurance for all their drivers to operate in the state.

Those injured in a rideshare accident should consult an experienced attorney. Victims need an expert’s legal opinion and the knowledge of how to seek adequate compensation for a case that would be complicated in any state, but with existing Pennsylvania laws, even more so in this state.

What It Means to be On the Clock

There are a couple of wrinkles between Pennsylvania’s law requiring rideshare companies to carry insurance when customers are using their service in the state and the ways that rideshare companies have around covering the cost of accidents for which their drivers may be involved.

These are a few things to keep in mind for those involved in a rideshare car accident in Montgomery County:

On the clock. If the driver is using the ride share application and accepted the customer on the application, this would mean that driver is officially on the clock for work. In this case, those who are injured by the accident would turn to the insurance from the rideshare company. This simplifies the legal process. But it brings a natural question about the driver needing to be on the phone application while driving, and how that naturally would create problems for the driver’s attention being focused on the road.

The driver as an individual. If the rideshare driver has picked up a fare but is not using the rideshare application, that driver is not on the clock. In this case, the injured parties will need to seek compensation from the driver’s personal auto insurance policy.

The contingent policy. If the driver is using the application and has a customer in the car but did not yet accept that ride on the application, the injured parties will be covered by a smaller policy that both rideshare firms carry, which will likely offer smaller amounts of compensation, usually capping off at $50,000 per person and $100,000 per accident.

Requirement for insurance. Uber and Lyft drivers are required to have car insurance; they must inform the insurance company that they are a ridesharing driver. The insurance rates for an Uber/Lyft driver will be higher because of the increased risk. If it is a situation in which the injured parties must file a claim with the driver’s own insurance, when an Uber or Lyft driver has the application off and is not officially on the clock, minimum limits in Pennsylvania for injury are $15,000 per person and $30,000 per accident, and the minimum property damage liability coverage is $5,000. The private insurance limits might be the only coverage available when the application is off for the rideshare service.

If the driver has no insurance, it is illegal for him or her to be driving and it also is against the company rules, and the contingent policy does not apply for the rideshare companies. In this case, injured parties could be looking to get compensation from their own medical coverage under their own policy. The other option is to go after the driver in court for personal injury, but this might not pan out, particularly if the driver has no money.

Pennsylvania’s Choice No-Fault Insurance

Along with New Jersey and Kentucky, Pennsylvania is one of three choice no-fault states, so there are a few things for victims to keep in mind if they were involved in an accident and are seeking compensation for medical bills and/or vehicle damage. The insurance policies of vehicles involved in any given accident can be either a fault or no-fault policy for personal injuries resulting from an accident. Policyholders decide if they want to choose the no-fault option when they sign up for the insurance.

In a typical two-car accident, the drivers will collect the insurance information of the other party and place a claim with the other driver’s insurance company. But with no-fault coverage, drivers first file a claim with their own insurance. If one driver has a fault policy and the driver responsible has a no-fault policy that provides an amount insufficient to cover injuries, the driver not at fault will likely collect under their own uninsured/underinsured motorist coverage.

For those who selected no-fault insurance, the advantages are that the driver is covered regardless of who caused the accident and that payouts for medical bills are quick, as insurance companies and police departments are not investigating the cause and which party was more at fault.

With no‑fault insurance options, including personal injury protection (PIP) coverage, Pennsylvania differs from states without such systems, similar to how wrongful death cases arise. Initial medical bills are covered by the auto insurance company, up to the limits of the driver’s coverage. Pennsylvania insurance law requires that drivers have at least $5,000 in medical coverage.

If the injuries from the vehicle accident are severe, disabling, or result in a death, the no-fault rules no longer apply and the injured party can file a claim against the other driver.

Of course, with accidents, the medical bills are a big part of the expenses, but there are other losses to consider, such as loss of work or having a reduced work schedule while recuperating. Wage loss coverage may be included in a driver’s own auto policy. Under Pennsylvania law, if a driver has this coverage, they would be able to apply for and recover lost wages caused by the accident up to the limits of their coverage. The first five days are the standard deductible in Pennsylvania, so those will not be part of the lost wage payments.

What if the Rideshare Driver is Uninsured?

For injuries in a situation in which the rideshare service driver does not have insurance, victims may need to turn to uninsured motorist coverage on their own policies. This is often referred to as UM on insurance documents. It is not mandatory for insurance to offer it, so auto insurance holders should check with their insurance company whether or they have that coverage and review policy documents.

Pennsylvania’s Modified Comparative Negligence Law

If a driver-selected the no-fault insurance option, he or she must wait for the results of police and insurance company investigations to get compensation for any property that was involved in the accident because Pennsylvania has modified comparative negligence laws. Therefore, although an injured party may get the money needed for medical care straightaway, he or she may well be waiting to pay back a mechanic or body shop for the damaged vehicle.

Pennsylvania is one of 33 states with laws that determine what percentage of damage claims are paid out to each driver based on how much of a role in the accident each driver had. In some states, this is referred to as contributory negligence instead of comparative.

What does this mean? If the driver is found to be less than 50 percent at fault for the accident, he or she can collect damages, minus the percentage that they are found to be at fault. This would mean a person who is found to be 25 percent at fault can get 75 percent of the damages sought back from the other driver.

Drivers found to be more than 51 percent at fault cannot collect damages from the other driver’s insurance company.

If the other driver is found to be 100 percent at fault for the accident, that driver’s insurance carrier will pay for the losses suffered by the victim.

If a car accident case makes it to court, the comparative negligence rule guides the court and insurance claim adjusters.

Pennsylvania Statute of Limitations

Although there is much to keep in mind for those involved in a car accident in Pennsylvania, it is best to act quickly. There is a statute of limitations of two years for filing a lawsuit involving a car accident.

The complexities of Pennsylvania car accident laws underscore the need for an experienced car accident lawyer. Victims and their families have enough to worry about in recuperating and often, in wrongful death cases, in mourning as well. For the victims, it is best to let a talented advocate such as Anthony C. Gagliano III, P.C. do the fighting for you.

Reasons for Car Accidents

In the years following the COVID-19 pandemic, the number of accidents and traffic fatalities in Montgomery County and Pennsylvania has rebounded as drivers, particularly workers on their daily commutes, return to the road. In 2024, there were approximately 100.1 billion vehicle-miles of travel on Pennsylvania’s roads and highways, many of those miles traveled by daily commuters. According to the United States Census Bureau, the average one-way commute time is 26.1 minutes, with most workers driving alone.

For those who work five days a week full-time, that commute time amounts to nine days a year behind the wheel, and that is just time spent getting to and from work.

Whether traveling for work or for pleasure, driver error accounts for the overwhelming percentage of daily accidents and fatalities. Although the Pennsylvania Department of Transportation (PennDOT) estimates that more than 90 percent of all accidents are caused by human error, some driving behaviors make an accident far more likely. Some of those are as follows:

• Distracted Driving
• Drunk/Impaired Drivers
• Speeding
• Aggressive Driving
• Vehicle Failures
• Hitting a Fixed Object

Visit our Car Accidents page for more information on car crashes and recent crash statistics.

Montgomery County Rideshare Accident Lawyers at Anthony C. Gagliano III, P.C. Help Victims Recover

If you or a loved one is involved in a rideshare accident, consult with the accident lawyers at Anthony C. Gagliano III, P.C. With over 15 years’ experience in personal injury law, Anthony C. Gagliano III was raised in Norristown and has opened his own practice in Montgomery County, serving clients who have been injured in car accidents. Mr. Gagliano’s mission is to seek justice and compensation for victims and their families. Call us at 267-861-7100 or contact us online to set up a free consultation. Located in Montgomery County, we serve clients in Lansdale, King of Prussia, and Norristown.