By Eric J. Purchase, Partner, Purchase, George & Murphey, P.C.

 

The short answer. When you are hurt in an Uber or Lyft crash in Pennsylvania, the insurance that pays is decided by one fact most passengers never think about: what the driver’s app was doing at the moment of impact. A driver waiting for a ride, driving to pick you up, or carrying you as a fare each triggers a different layer of coverage under Pennsylvania’s rideshare law. Knowing which layer applies is often the difference between a claim that gets paid and one that gets denied.

Rideshare Accident Liability in Pennsylvania Which Insurance Pays When You're Hurt in an Uber or Lyft

I spent the first half of my career on the other side of these cases, defending the region’s largest insurance companies. I now spend all of it representing the people those companies insure against. So I will tell you plainly what the insurers already know: rideshare claims are built to be confusing, and that confusion usually works against the injured passenger.

This piece is the companion to a letter I published in the Pittsburgh Post-Gazette about how far rideshare convenience has outpaced legal clarity. Here is the practical version, for anyone hurt in an Uber or Lyft on a Pennsylvania road.

 

Why Summer Makes This Worse

More people travel in the warm months, and more of them travel by app. Pennsylvania recorded 110,765 reportable traffic crashes in 2024, which claimed 1,127 lives and injured 66,950 people (PennDOT, 2024 Crash Facts & Statistics). Those are the second-fewest fatalities the state has logged since it began keeping records in 1928, which is genuine progress. But more rideshare vehicles, more part-time drivers, and more unfamiliar visitors on the road each summer mean more of exactly the crashes this article is about.

One detail shows how new this problem still is: PennDOT does not break rideshare crashes out as their own category. The state that tracks deer strikes and lane departures in fine detail has no line for Uber or Lyft. When even the crash data cannot see the problem clearly, the injured passenger is the one left to sort it out.

 

The One Question that Decides Everything: What Was the App Doing?

Pennsylvania regulates Uber, Lyft, and similar companies under Act 164 of 2016, codified at 66 Pa.C.S. §§ 2601–2610, with the insurance rules set at § 2603.1. (One boundary worth knowing: this framework covers rides across Pennsylvania except those that begin in Philadelphia, which regulates rideshare separately through the Philadelphia Parking Authority. For a crash in Erie, Meadville, or anywhere in the northwest, the state law below controls.) The statute sorts a rideshare driver’s time into distinct phases, and the required insurance changes with each one.

App off. The driver is not logged in and is simply using their own car. Only their personal auto policy applies. Rideshare has nothing to do with it.

Logged in and available, but no ride accepted. The driver is waiting for a request. Pennsylvania requires primary liability coverage of at least $50,000 per person and $100,000 per crash for injuries, plus $25,000 for property damage, along with first-party medical benefits of $25,000 for pedestrians and $5,000 for the driver (§ 2603.1(a)(2)).

Engaged in a prearranged ride. From the moment the driver accepts your request, through the pickup, until you are dropped off, the law requires primary coverage of at least $500,000 for death, bodily injury, and property damage, plus first-party medical benefits (§ 2603.1(a)(3), tied to 75 Pa.C.S. § 1711). This is the phase you are in as a passenger.

One correction worth making, because it appears on law firm websites across the country: Pennsylvania’s floor for the active-ride phase is $500,000, not $1 million. Uber and Lyft do carry $1 million in liability during a ride as a matter of company policy in most states, and that money is real and available. But the legal minimum in Pennsylvania is $500,000. Anyone who tells you the $1 million figure is the law has not read the statute.

 

Why “But I Have My Own Insurance” Often Fails

Two provisions of the same statute quietly reshape most rideshare claims, and most explanations skip them.

First, the rideshare coverage is primary. It pays first, and it cannot sit back and wait for a personal insurer to deny the claim before it responds (§ 2603.1(a)(5)). If the driver’s own coverage has lapsed or falls short, the company’s insurance pays from the first dollar and has to defend the claim (§ 2603.1(a)(4)).

Second, and this is the trap, Pennsylvania lets personal auto insurers exclude everything while a driver is logged in or on a ride, including liability, medical payments, and uninsured or underinsured motorist coverage (§ 2603.1(b)). So the driver’s “I’m fully covered” personal policy may legally provide nothing the moment the app goes on. That is why the phase question is not a technicality. It is the whole case.

The statute also requires the driver to carry proof of the rideshare coverage and to tell the police, and the other parties, whether they were logged in or on a ride when the crash happened (§ 2603.1(a)(9)). That disclosure is your starting point. Get it at the scene if you can.

 

If You Were the Passenger, You Are in the Strongest Position

Pennsylvania drivers choose between “full tort” and “limited tort” when they buy insurance, and limited tort restricts the right to recover for pain and suffering. What many injured passengers do not realize: your limited tort choice very likely does not follow you into an Uber.

The financial responsibility law says a person injured while riding in “a motor vehicle other than a private passenger motor vehicle” keeps full tort rights (75 Pa.C.S. § 1705(d)(3)). And a passenger who owns no private-passenger policy of their own is not limited at all (§ 1705(b)(3)). A rideshare vehicle carrying a paying passenger is a strong candidate under the first rule. I want to be precise, because this matters: Pennsylvania’s appellate courts have not squarely ruled that a logged-in rideshare car is categorically “other than a private passenger motor vehicle.” It is a strong, well-grounded argument, not a settled one, and it is strongest exactly where you would expect, when a paying passenger is in the car. But in practice it means a limited-tort passenger often has a full-tort claim after a rideshare crash. That distinction is worth real money, and a lawyer should press it.

Two more points in the passenger’s favor. The rideshare company cannot make you sign away your right to sue as a condition of the app (§ 2603.1(c)). And for medical bills, Pennsylvania sets an order of priority for which policy pays first (75 Pa.C.S. § 1713); a passenger’s own coverage and the ride-phase medical benefits both come into play.

 

The Uninsured Driver Problem Most Sites Get Wrong

What if the driver who hit your Uber has no insurance, or nowhere near enough? This is where careful reading matters, and it is the part I see summarized incorrectly most often. Pennsylvania’s rideshare statute does not require the rideshare company to carry uninsured or underinsured motorist coverage. Whether UM/UIM protects you during a ride depends on what Uber’s or Lyft’s policy voluntarily provides, and on your own UM/UIM coverage, which generally follows you as a passenger in any vehicle. Untangling those layers is the work, and it is exactly the kind of coverage question I have taught to other lawyers and adjusters for years.

 

What To Do After a Rideshare Crash in Pennsylvania

  1. Get medical care, and let the record reflect it. Your health comes first, and a clear treatment record is the backbone of any claim.
  2. Capture the driver’s status. Screenshot your trip in the app, including the driver’s name, the timeline, and the fare. That data shows which coverage phase was in effect and can disappear later.
  3. Get the insurance disclosure. The driver is required to say whether they were logged in or on a ride. Ask, and note the answer.
  4. Make sure the police are called and a report is filed. Independent documentation of the scene protects you.
  5. Do not give a recorded statement to any insurer before you understand your rights. What sounds like a routine call is often the first step in reducing your claim.
  6. Mind the deadline. In Pennsylvania you generally have two years from the date of the crash to file suit (42 Pa.C.S. § 5524). Claims against a government entity can carry much shorter notice requirements. Waiting costs cases.

 

The Real Problem, and Where the Firm Comes In

Rideshare is a permanent part of how Pennsylvania moves, and that is fine. The problem is that the coverage framework behind it was bolted on after the fact, and it shifts under your feet depending on a phone screen you never see. Convenience has outpaced clarity, and injured passengers are the ones who pay for the gap.

That gap is navigable, but rarely alone. I spent years reading these coverage layers from the insurance company’s side of the table, and that is exactly how we read them now for the people we represent. At Purchase, George & Murphey, we handle motor vehicle and rideshare injury claims across Erie and northwestern Pennsylvania, from offices in Erie and Meadville. If you or someone in your family was hurt in an Uber or Lyft, call us and we will tell you where you actually stand.

Purchase, George & Murphey, P.C.  —  Erie and Meadville, Pennsylvania

Call 814-402-8826 for a free consultation.   Meet Eric Purchase    ·    Motor Vehicle Accidents

 

Frequently Asked Questions

Who pays if I’m hurt as an Uber or Lyft passenger in Pennsylvania?

Because you are injured during a prearranged ride, the rideshare company’s insurance is primary and must provide at least $500,000 in coverage under 66 Pa.C.S. § 2603.1, along with first-party medical benefits. Your own coverage and the at-fault driver’s coverage may also come into play, depending on the facts.

Does my own car insurance cover me in a rideshare crash?

It can, but do not assume it. Pennsylvania law lets a personal auto insurer exclude coverage while a driver is logged into a rideshare app or on a ride (§ 2603.1(b)). Your own uninsured/underinsured motorist coverage, however, generally follows you as a passenger and can be important if the at-fault driver is uninsured.

Is it true that Uber and Lyft carry $1 million in coverage?

Often yes as company policy, but that is not Pennsylvania’s legal requirement. The statutory minimum during an active ride is $500,000 (§ 2603.1(a)(3)). The companies frequently carry more, which is worth confirming in any specific claim.

How long do I have to file a claim after a Pennsylvania rideshare accident?

Generally two years from the date of the crash (42 Pa.C.S. § 5524). Claims involving a government entity can require notice far sooner, so it is wise to talk to a lawyer early.

Do I still have a case if I chose “limited tort” on my own policy?

Very possibly. Pennsylvania law gives full tort rights to someone injured in a vehicle “other than a private passenger motor vehicle” (75 Pa.C.S. § 1705(d)(3)), and a rideshare vehicle carrying a fare is a strong candidate. It is a powerful argument, though not yet settled by the appellate courts, so have it reviewed.

 

Eric J. Purchase is a partner at Purchase, George & Murphey, P.C. in Erie, Pennsylvania. A former insurance-defense trial lawyer, he now represents injured people and families, has taught Pennsylvania auto insurance and uninsured/underinsured motorist claims to other attorneys through the Erie County Bar Association, and is the author of A Roadmap to Justice: The Ultimate Guide to Car Accident Cases in PA.

This article is general information about Pennsylvania law, not legal advice for any specific situation.