Ryan Zavodnick | September 21, 2025 | Car Accidents
Suing Uber is a thought that crosses many minds after a rideshare accident in Philadelphia, though the process itself is often much more complicated than many assume. Legal responsibility in rideshare accidents is much more complicated than a standard car accident due to several legal factors, including employee designation, insurance coverage, and the negligence of the company in hiring the driver. Each of these factors individually could make suing Uber for an accident difficult, but all of them together can be a significant challenge.
However, this does not mean that suing Uber is impossible. There are circumstances in which the company may be held liable for its actions, but these circumstances may not be present in every Uber accident. Navigating these legal nuances while also dealing with the injuries and fallout that often accompany a car accident can be an incredible challenge, adding additional stress and anxiety to an already stressful situation. This is why a skilled rideshare accident attorney can be helpful to victims of rideshare accidents.
A skilled Philadelphia rideshare accident attorney from Zavodnick & Lasky may be able to evaluate your case and assist in suing Uber. Schedule a free consultation with an attorney today by calling the office at (215) 774-6467 for more details.
Rideshare Accidents in Philadelphia
As the rideshare industry has grown to serve travellers and commuters, even growing to augment a large percentage of the United States’ public transport, rideshare accidents have grown more common. Uber accidents can be just as dangerous as any car accident, leading to injuries, lost wages, and pain and suffering. However, the challenge comes when determining who is legally liable for the accident. In a standard car accident, the driver who was negligent and caused the accident would be at fault, with their insurance company covering damages. With drivers employed by companies, this may fall under the purview of recovery against join defendants, as specified by Pa. C.S. § 7102. However, rideshare vehicles are insured differently, and liability may not be immediately clear.
Legal Complexities of Suing Uber
The chief legal challenge of suing Uber is in determining who was negligent and who can be held accountable for damages. The legal landscape of this issue is nuanced and often requires a deep understanding of both Uber’s policy and Pennsylvania insurance and negligence law. Navigating this process can be confusing and frustrating to individuals without legal experience and training.
Driver Employee Status
In many cases, a legal principle called respondeat superior applies, which states that the employer of a negligent individual is responsible for the damages even if they did not directly cause the damages. However, this may not apply to suing Uber, as many of Uber’s employees are independent contractors, not employees. If an employee is an independent contractor, the company does not have the same degree of control over how they accomplish the task assigned to them. However, the company also does not have the same legal obligations to a contractor that they would to an employee. This may complicate the process of suing Uber if the driver was a contractor, not an employee.
Off-Duty Drivers
Additionally, Uber’s drivers generally do not follow a set schedule provided by Uber. Drivers can log on to the Uber app and accept rides, and then log out when they are no longer available. Uber may only be liable for an accident if the driver was actively on duty and carrying passengers, as off-duty drivers are not working for Uber and therefore not legally associated with the company.
For more information on liability in Uber accidents, speak with a skilled Philadelphia rideshare accident attorney from Zavodnick & Lasky.
Viable Options for Suing Uber
For those who are suing Uber, it may seem like prospects are bleak to hold the company accountable. However, despite Uber’s vicarious liability, which often protects it from liability for accidents, there are certain instances in which Uber could be liable for the accident. These circumstances are different from others because they are directly related to the decisions of the company. If Uber failed to conduct a proper background check on their independent contractors, hiring a driver with a record of dangerous driving and traffic violations, they may be liable for hiring that individual. Additionally, if a driver with a history of reckless driving or accidents remains employed with the company, they may be liable for damages in an accident. If Uber is directly liable for the accident due to hiring a driver who did not meet the driver requirements, suing Uber may be viable.
Uber’s Insurance Policy
However, despite the difficulty of suing Uber, there are still other avenues of pursuing compensation for damages from rideshare accidents. Uber has a robust insurance policy for both drivers and passengers while a passenger is on board or the driver is en route to pick up a passenger. This insurance policy may help cover the expenses of damages instead of suing Uber. However, there are certain situations in which this policy applies in unique ways.
Off Duty
An off-duty Uber driver is not considered to be employed or affiliated with Uber in any meaningful legal capacity. As most Uber drivers are independent contractors, if they are not on duty and logged into the app, Uber’s insurance policy will not cover the accident. In this case, the driver’s personal insurance plan will cover the damages for the accident.
On Duty and Waiting for a Passenger
If the Uber driver is on duty and logged in to the app, they are now covered by Uber’s insurance plan and not their own. However, without a passenger, this insurance policy is limited in what it covers. Uber’s insurance covers damages of up to $50,000 per person and $100,000 per accident. Additionally, in Philadelphia, they may provide a certain level of personal injury protection (PIP) according to state law.
On Duty with a Passenger
When an Uber driver is carrying a passenger or en route to pick one up, this is when the full coverage of Uber’s insurance plan kicks in. Under this coverage, Uber’s insurance covers accidents up to $1,000,000 in damages for injuries and property damage for the driver and passengers. This may also include vehicle repairs, injuries, and more.
Contact a Philadelphia Rideshare Accident Lawyer Today
Rideshare accidents are fairly common, and can drastically impact an individual’s quality of life. Injuries, medical bills, and financial instability can all strike at once, all while the injured party is trying to navigate complex insurance claims and liability. Fortunately, a skilled Philadelphia rideshare accident lawyer from Zavodnick & Lasky can help. With legal experience in Pennsylvania courts and insurance companies, an attorney may be able to navigate the complexities so their client can have peace of mind. Call the office today at (215) 774-6467 for a free consultation to discuss the viability of suing Uber.
