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Ridesharing is continuing to grow in popularity. Unfortunately, this means that accidents involving rideshare drivers are becoming increasingly common as well. If you have been injured in an accident involving a rideshare driver (i.e., an Uber driver), what you need to do in order to file a claim depends on several factors.

Determining Who (or What Company) Was At Fault in an Uber Accident

The first factor involved in filing a claim for an Uber accident in Pennsylvania is fault. You need to know who (or what company) was at fault in the accident in order to determine what claim (or claims) to file. As with all types of car accidents, there are several possibilities. In the case of an Uber accident, the at-fault parties may include:

• The Uber Driver – Whether you were riding in an Uber or you got hit by an Uber driver, if the Uber driver was at fault in the collision, you can file a claim with his or her insurance company. As we discuss below, you may be able to file a claim under Uber’s insurance as well.
• Another Driver – If you were riding in an Uber that got hit by another driver, you can file a claim with the other driver’s insurance company. All drivers are required to carry auto insurance under Pennsylvania law.
• Uber – If Uber contracted with a driver who was unlicensed or unqualified, or if it allowed a driver to provide rides when it shouldn’t have, then Uber could be deemed at fault (or at least partially at fault) in your collision.
• Another Third Party – From vehicle defects to road defects, there are a variety of issues that can lead to car accidents besides driver negligence. If any of these other issues played a role in your accident, you can hire a lawyer to file a claim against the person or company that is responsible.

Determining fault in a car accident requires a prompt and thorough investigation. In many cases, this will involve not only collecting evidence at the scene of the accident but also collecting evidence from other sources. For example, it may be necessary to obtain copies of the Uber driver’s (or the other driver’s) cell phone records, and it may be necessary to obtain records from Uber (or another company that is at fault for the accident) as well. To ensure that you are able to gather the evidence you need to prove your legal rights, you should hire a lawyer to conduct an investigation as soon as possible.

Filing a Claim with the Uber Driver’s Insurance Company

Let’s say your lawyer’s investigation reveals that the Uber driver was at fault in your car accident. In this scenario, your first course of action will most likely be to file a claim under the Uber Driver’s insurance policy.

Like other drivers in Pennsylvania, Uber drivers are required to carry auto insurance. Pennsylvania has enacted a law that requires all rideshare drivers to carry enhanced coverage when they are providing “prearranged rides,” and Uber requires its drivers to verify their insurance coverage. So, the Uber driver involved in your accident should be insured.

Filing a claim under an Uber driver’s auto insurance policy is just like seeking coverage under any other at-fault driver’s insurance policy after a collision in Pennsylvania. This means that you must be able to prove not only that the Uber driver was at fault but also how much you are entitled to recover. Both of these present a variety of challenges, and, to make sure the Uber driver’s insurance company doesn’t take advantage of you, you will need an experienced lawyer on your side.

Filing a Claim Under Uber’s Insurance Policy

Depending on the circumstances, you may also be able to file a claim under Uber’s insurance policy. Specifically, you may be able to file a claim with Uber’s insurer if:

• The Uber driver who caused your car accident is uninsured;
• The Uber driver’s insurance does not fully cover the costs of your injuries; or,
• Uber should not have approved the driver to offer rides.

While Uber provides an online claim form, you should not fill out this form unless advised to do so by a lawyer. Just like dealing with insurance companies, you need to be very careful when dealing with Uber after an accident. You do not want to let Uber take control of the process. Instead, you need to make informed decisions based on your lawyer’s advice, and you need to work with your lawyer to make sure you are able to recover the full financial compensation you deserve.

Filing Any Other Claims You Have Available

While filing a claim with the Uber driver’s or Uber’s insurance company is a possibility, you could have other claims as well. Just because an Uber driver was involved in your car accident, this doesn’t necessarily mean that the Uber driver (or Uber) is responsible. Once your lawyer investigates your accident, he or she will be able to determine if there are any other claims you can—and should—file.

In some cases, it will be necessary to file multiple claims in order to recover full compensation. For example, let’s say the Uber driver was being negligent, but let’s also say that his or her brakes failed. Here, you may have a claim against the Uber driver’s insurance policy and a claim based on a vehicle defect—and you may need to file both to fully assert your legal rights. Uber accident cases can get complicated quickly, and, to make sure you are able to recover maximum compensation for your injuries, you should discuss your case with a lawyer promptly.

Contact Us to Discuss Your Uber Accident Case in Pennsylvania for Free

If you need to know more about how to protect your legal rights after an Uber accident in Pennsylvania, we invite you to get in touch. With offices in Doylestown, Allentown, Bethlehem, Easton and Stroudsburg, we represent car accident victims statewide. Call us at 888-777-7098 or request a free consultation online now.