Short answer:
If you were driving for Uber or Lyft with the app on and got hurt, you may be able to bring a personal injury claim against the driver who caused the crash. If you can’t work anymore, you may also qualify for disability benefits. In some cases, workers’ compensation might apply. The hard part is keeping these claims from working against each other. Without planning, you could lose money to liens or lose disability benefits because of how your settlement is structured.
Why rideshare crashes are complicated
Uber and Lyft drivers are treated as independent contractors in Pennsylvania. That means you are not a regular employee and not automatically covered by workers’ compensation. When you get hurt, figuring out who pays becomes confusing.
Your own car insurance may cover part of it. The other driver’s insurance should pay if they caused the crash. Uber and Lyft each carry large insurance policies that change depending on what you were doing. If you were waiting for a ride request, the coverage is limited. If you were driving to pick up or had a passenger, the coverage can go up to one million dollars.
If you cannot work for a long time, you may also qualify for Social Security disability. Some drivers also have private long-term disability insurance.
Our firm has decades of experience helping rideshare drivers and other injured workers. The biggest mistake people make is treating each claim as a separate case. These must be coordinated from the start.
The three claims you might have
Personal injury against the at-fault driver
This claim covers pain and suffering, lost income, and unpaid medical bills. You are going after the person who caused the crash and their insurance. If they do not have enough coverage, Uber or Lyft’s insurance can fill the gap if you were on a trip or driving to a passenger.
If you were only waiting for a ride request, the coverage is lower and more limited. After any crash, take a screenshot of your app screen. Your app status determines which policy applies.
In Philadelphia, all car accident cases under fifty thousand dollars go first to Compulsory Arbitration. You present your case to a panel of arbitrators. Either side can appeal and go to a jury trial after that. It is faster than waiting for a full court case, but you must have your evidence ready early.
Workers’ compensation, maybe
Most Uber and Lyft drivers do not get workers’ compensation because they are classified as independent contractors. However, Pennsylvania courts are still deciding some cases where drivers claim they were treated like employees. If workers’ comp applies, it pays for your medical care and about two-thirds of your lost wages.
If you get comp benefits, the insurer will have a lien on your injury settlement for the amount they paid. You can often reduce that lien, but it must be handled before the settlement check is issued. Many people settle their injury case and then learn they owe tens of thousands of dollars back.
Disability benefits if you can’t return to work
If your injuries keep you from working for at least a year, you may qualify for Social Security Disability Insurance. To get SSDI, you must have paid into the system through your self-employment or FICA taxes. Some rideshare drivers have not paid enough and must fix that before they can qualify.
If you also have a private long-term disability policy, your LTD benefits may go down once SSDI begins. For example, if your LTD pays two thousand dollars a month and SSDI pays fifteen hundred, the LTD may drop to five hundred. Some insurers may even ask for repayment of back benefits.
How to coordinate all of this and keep more of your money
Start your personal injury claim right away. Pennsylvania gives you two years to file, but waiting hurts your case. Evidence disappears fast. Dashcam video, witness names, and rideshare app data can all vanish within weeks.
If workers’ comp might apply, file a claim early. Gaps in medical reporting can hurt both claims.
If your doctor says you cannot work for at least twelve months, file your disability application. SSDI takes months to process, so get it started.
Plan your settlement carefully. Do not settle your injury case until you know the full medical picture. At the same time, avoid letting comp or insurance liens grow larger than your recovery.
Keep a list of every bill paid by anyone. Workers’ comp, your car insurance, your health plan, and Medicare may all have liens. We negotiate those liens during settlement so you keep more of your recovery.
What you need to prove all three claims
- Medical records that describe what you can and cannot do, not just what hurts. Example: “Cannot sit more than thirty minutes” is better than “back pain.”
- Proof of income from your Uber or Lyft dashboard and your 1099s.
- Screenshots of your app showing that you were logged in or on a trip.
- Consistent treatment notes and explanations for any gaps. If you missed therapy because you could not afford it, ask your doctor to write that down.
Pennsylvania rideshare crash specifics
Your own auto policy’s tort option matters. If you picked limited tort to save on premiums, you might be limited on pain and suffering damages unless your injuries meet the serious injury rule. Rideshare drivers are often exempt from limited tort, so you may still recover for pain and suffering.
Your uninsured and underinsured motorist coverage may also apply. In some cases, it can be added on top of Uber or Lyft’s coverage.
If your crash happened in New Jersey, your case may follow New Jersey’s no-fault system. In South Jersey, these cases are often filed in Camden County Superior Court.
Common mistakes that cost drivers money
- Giving a recorded statement to any insurance company before talking to a lawyer.
- Assuming Uber or Lyft insurance will pay everything. The rules depend on your app status.
- Settling your injury case without dealing with liens. You can lose a big part of your recovery later.
- Filing for disability with vague medical records. Judges need clear statements of your limits and how long they will last.
Frequently Asked Questions
Can I file a personal injury claim and a disability claim at the same time?
Yes. Many injured rideshare drivers do both. We help coordinate them so your benefits do not cancel each other out.
What if the other driver had no insurance?
If you were on an active trip, Uber or Lyft insurance should provide coverage. If not, your own uninsured motorist coverage may apply.
Do I qualify for workers’ comp as an Uber or Lyft driver?
Usually not, since you are an independent contractor. But we review each case to see if any exceptions might apply.
How long do I have to file a lawsuit in Pennsylvania?
Two years from the date of the crash for personal injury. Workers’ comp and disability have shorter notice rules, so do not wait.
What if I had a prior injury?
You can still have a case. The key is showing how this crash made your condition worse. Ask your doctor to document the change.
If you were hurt driving for Uber or Lyft in Pennsylvania and are unsure what claims to file or how to protect your recovery, call us. We will review what you have and explain how to keep your cases from hurting each other.
Law Offices of Eric A. Shore
1 800 CANT WORK | 1800cantwork.com
General information only. Not legal advice.
