Who Can Be Sued for Your Injury in Pennsylvania Uber Accident?
Rideshare companies like Uber and Lyft are replacing standard yellow taxis in Scranton and other parts of Pennsylvania. While rideshare drivers are less likely to engage in reckless driving behaviors when a passenger is in the car, they can still be negligent sometimes.
But what about liability if an Uber passenger was injured in an accident due to the negligence of his/her Uber driver or another driver on the road?
Liability in Pennsylvania Uber Accidents
Getting into an Uber accident is essentially the same as getting into a regular auto accident in Pennsylvania. The only difference is whether Uber can be held liable and whether the company’s insurance will apply to pay for a passenger’s damages and losses.
Compensation may be available if you are an Uber passenger, driver, pedestrian, or driver/passenger of another vehicle involved in an Uber crash. Contact a Scranton auto accident attorney with experience in handling rideshare crashes.
Who Can Be Sued for Your Uber Accident Injury?
After an Uber accident, the first option is to sue the driver of the rideshare vehicle directly unless the motorist was not reckless or negligent. In some cases, it is possible to bring a lawsuit against Uber or another rideshare company. However, the option of suing Uber is not available all the time.
Typically, companies like Uber and Lyft cannot be sued because they treat their drivers as independent contractors and can avoid liability. Under certain circumstances, however, a rideshare company can be sued. For example, if Uber failed to perform proper background checks (hiring someone with substance abuse who subsequently causes a DUI crash).
Also, you may sue Uber if the company failed to perform a thorough inspection of the rideshare vehicle, and that vehicle suffered some sort of mechanical failure that caused a collision.
In all other cases, an injured Uber passenger may obtain compensation through the company’s insurance. However, doing so is possible only if the rideshare driver was logged into the Uber app and was transporting a passenger at the time of the collision.
When is Uber’s Insurance Coverage Available?
Even though Uber is able to avoid liability in most accidents involving its rideshare vehicles, the company does provide $1 million in liability insurance coverage. According to Uber’s official website, the insurance coverage is only available if:
The driver was logged onto the Uber app and is considered “on duty.” For the insurance coverage to apply, the rideshare motorist must be “working” at the time of the crash.
The driver accepted a ride and is transporting a passenger or is on his/her to pick up the passenger. If the Uber driver has not accepted a ride, the company provides a reduced or “contingent” policy.
Although Uber provides insurance coverage, the company’s rideshare drivers must carry their own personal auto insurance in the event of a collision.
Often, Uber drivers use the rideshare company’s insurance as secondary to their own coverage. Speak with our Scranton auto accident attorneys at Needle Law Firm to determine whether you can sue Uber. Call at 570-344-1266 today.