Can I Sue Uber for an Accident?

Uber has become a staple for many people in cities worldwide, but accidents involving Uber drivers are a reality. If you’ve been injured in a crash with an Uber vehicle, you may wonder: Can I sue Uberfor an Accident? The answer isn’t always simple. It depends on several factors, such as the driver's status and insurance coverage.

At Davidoff Law Personal Injury Lawyers, we specialize in handling Uber accident cases and can help you understand your legal rights. Our Uber accident lawyer guide you through the process to seek compensation for injuries and property damage caused by Uber accidents.

Understanding Liability in an Uber Accident

Liability in an Uber accident can be complicated. It largely depends on the driver’s status at the time the crash occurred. This section will break down the different phases of a driver's status and explain how each phase affects liability for the accident.

The Driver's Status at the Time of the Crash

Uber drivers are classified as independent contractors, not employees of the company. This distinction matters when determining liability in an Uber accident. Depending on whether the driver is actively working or off-duty, different insurance policies may apply. If the Uber driver caused the accident while actively transporting a passenger, Uber’s liability insurance may cover the damages. However, if the driver was not on the clock or using the Uber app, liability may fall to the driver’s personal auto insurance.

Period 1: App is Off - Driver is Unavailable

When the Uber app is off, the driver is essentially not available for rides. In this case, Uber's insurance typically does not cover accidents. In the event of an accident, the responsibility falls entirely on the driver’s personal auto insurance. However, personal auto insurance may not always cover accidents that happen while the driver is en route to pick up a passenger.

Period 2: App is On - Driver is Waiting for a Ride

When the driver has the Uber app on but is waiting for a ride request, the situation becomes a bit more complicated. The driver is technically available to pick up passengers, but has not yet accepted a ride. Uber's liability coverage may kick in during this period, but only if the driver’s personal insurance does not cover the accident. Uber’s insurance generally covers bodily injury and property damage caused to others, but the coverage is limited.

Period 3: Driver is En Route to Pick Up a Passenger

Once the driver accepts a ride request and is en route to pick up a passenger, Uber's liability insurance becomes more relevant. In this period, if the driver causes an accident, Uber's insurance may cover injuries and damages to the other party. However, if the driver caused the accident due to negligence, the victim may still be able to seek compensation through Uber's insurance policy. The level of coverage varies depending on the state and the specific circumstances surrounding the accident.

Period 4: Passenger is in the Vehicle

When a passenger is in the vehicle, the situation is clearer. In this phase, Uber’s insurance coverage is generally the most robust. If an accident occurs and the Uber driver is at fault, Uber’s liability insurance will likely cover medical expenses, property damage, and other costs. If the driver’s insurance doesn't fully cover the damages, Uber’s insurance can fill in the gap. This period provides the most coverage for victims involved in an Uber accident.

If you’ve been involved in a rideshare accident, it’s important to understand these periods and how they impact your ability to recover compensation. At Davidoff Law Personal Injury Lawyers, we have extensive experience with Uber accident cases and can help you understand your legal options. We’ll fight to ensure you get the maximum compensation for your injuries, medical bills, and other damages. Contact us today to schedule a complimentary consultation.

What Uber's Insurance Policy Covers

Uber provides a contingent liability insurance policy that changes based on the driver's status. Understanding these layers is crucial to determining the coverage applicable to your claim. The amount you can recover depends on what the Uber driver was doing at the time of your car accident.

$50,000 in Coverage Per Person/$100,000 Per Accident/$25,000 in Property Damage

This is the lowest tier of coverage Uber offers. It applies when the Uber driver has the app on but hasn't accepted a ride yet. During this period, the rideshare company provides limited protection. If another driver causes the accident, their insurance company should pay first. However, if that driver lacks enough coverage, Uber's policy may help cover the gap. This tier won't fully protect you in serious accidents involving major injuries.

$1 Million in Coverage for Third-Party Liability

Uber's insurance carrier provides up to $1 million in coverage once a driver accepts a ride request. This protection remains in effect until the passenger exits the vehicle. We see this coverage apply in most cases involving people injured during an Uber ride. The policy covers medical bills, lost wages, and other damages from the accident. This substantial coverage exists because Uber drivers are independent contractors, and the rideshare company wants to limit its exposure to vicarious liability claims.

Uninsured/Underinsured Motorist Coverage

Uber also provides uninsured and underinsured motorist coverage up to $1 million per accident. This protection kicks in when another driver causes your injuries but lacks adequate insurance. It also applies if the at-fault driver flees the scene of the accident. We help clients tap into this coverage when the other driver's insurance company refuses to pay a sufficient amount. This safety net ensures you can recover damages even when someone else's negligence involves a driver with minimal coverage.

Steps to Take Immediately After an Uber Accident

Your actions immediately following an accident can significantly impact your future claim. Follow these essential steps to protect your health and your legal rights. These actions create a strong foundation for your personal injury case.

1. Seek Medical Attention Immediately

Always seek medical care immediately, even if you feel fine. Some injuries don't show symptoms for hours or even days after a car accident. Call 911 if anyone needs emergency help. Visit the hospital or an urgent care center as soon as possible. Your medical records will document the injuries sustained and link them directly to the accident. Delaying treatment gives the insurance company a reason to question whether the accident caused your injuries.

2. Contact the Police and File a Report

Call the police to report the accident, regardless of how minor it seems. Police reports provide an official record of what happened at the accident scene. The officer will document traffic law violations and determine who is responsible for them. We use these reports to prove fault in your personal injury case. If a government entity vehicle is involved, this report becomes even more critical for your claim.

3. Gather Evidence at the Scene

Take photos of all vehicles involved, showing damage from multiple angles. Capture images of the accident scene, including street signs, traffic signals, and road conditions. Get contact information from the Uber driver and any other drivers involved. Collect names and phone numbers from witnesses who saw what happened. These witness statements often prove crucial when the insurance company disputes fault or tries to blame you.

4. Report the Accident to Uber

Open the Uber app and report the accident through the help section immediately. The app keeps a record of your ride, which helps establish the driver's status in the event of a crash. This step starts Uber's internal claim process with its insurance carrier. Contact an experienced Uber accident attorney before giving detailed statements to any insurance company. We protect your rights and ensure you don't say anything that could hurt your claim later.

When Can You Sue Uber Directly?

While the driver is often primarily liable, there are specific circumstances where suing Uber as a corporation becomes a viable and necessary legal strategy. The answer depends on several factors related to how Uber managed its drivers and platform. We examine each case carefully to determine if Uber itself can be held liable.

Negligent Hiring, Training, or Retention of a Driver

Uber requires a background check for all drivers, but sometimes these checks miss red flags. If Uber hires a driver with a history of dangerous driving, we can pursue a claim against the company directly. The same applies if Uber kept a driver on the platform after receiving complaints about unsafe behavior.

For example, if two or more people report aggressive driving and Uber takes no action, the company shares responsibility for future accidents. We investigate whether Uber failed to properly screen or monitor the driver who caused your car accident.

Vicarious Liability for Driver Negligence

Uber claims its drivers are independent contractors to avoid responsibility for their actions. However, some states challenge this classification in court. When we can prove Uber exercised significant control over the driver's work, the company may be held liable under vicarious liability rules. This legal theory holds employers responsible for the negligence of their workers. The answer depends on your state's laws and the extent of Uber's control over the driver at the time of your accident.

Defective App or Technology Malfunction

Sometimes, the Uber app itself causes accidents due to technical failures. If the app gave wrong directions that led to a crash, Uber could face liability. GPS errors that send drivers the wrong way on one-way streets are one example. We also see cases where app glitches distracted Uber drivers at critical moments.

If a technology malfunction contributed to your car accident, a car accident attorney can help you build a case against Uber. These claims require technical evidence and expert testimony to prove the app's role in causing your injuries.

The Challenges of Suing a Large Corporation

Taking on a company like Uber is not like a standard car accident claim. They have vast legal resources and strategies to minimize payouts. We understand these tactics and know how to counter them effectively.

Complex Insurance Layers and Legal Loopholes

Uber structures its insurance policies to create confusion about which coverage applies. Multiple insurance companies may be involved in a single claim. Each insurer attempts to shift responsibility to another party in order to avoid paying. Uber also uses its independent contractor classification to dodge liability whenever possible. We cut through these complex layers to identify every available source of compensation for your injuries.

Arbitration Clauses in User Agreements

When you create an Uber account, you agree to settle disputes through arbitration instead of court. This clause limits your ability to sue Uber directly in many cases. Arbitration often favors large corporations over individual claimants. However, we are aware of strategies to challenge these clauses when they're unfair or don't apply to your situation. A personal injury attorney examines whether the arbitration agreement is enforceable in your specific case.

Why You Need a Personal Injury Lawyer for Your Uber Claim

Navigating an Uber accident claim alone is a significant risk. A specialized lawyer levels the playing field and handles the complex legal and investigative work. We fight to ensure you receive every dollar you deserve for your injuries.

Investigating the Accident and Proving Liability

We conduct thorough investigations to determine who can be held liable for your car accident. Our team gathers evidence, interviews witnesses, and reviews all available records to ensure a thorough investigation. We examine whether the Uber driver, another driver, or Uber itself bears responsibility.

For example, if two or more people share fault, we calculate each party's percentage of liability. A car accident attorney has the resources to build a strong case that proves negligence and maximizes your recovery.

Dealing with Insurance Companies on Your Behalf

Insurance companies use trained adjusters to minimize what they pay on claims. They know most people don't understand insurance law or their rights. We handle all communications with insurers so they can't trick you into accepting less than you deserve. Our experience with independent contractor Uber drivers and rideshare claims gives us an advantage in these negotiations. We protect you from tactics designed to reduce your settlement or deny your claim entirely.

Maximizing Your Compensation Settlement

A personal injury attorney knows how to calculate the full value of your claim. We account for medical bills, lost wages, future treatment costs, and pain and suffering. Insurance companies often make low initial offers, hoping you'll accept quickly. We negotiate aggressively to secure maximum compensation for every client. The answer depends on the specifics of your case, but we consistently achieve better results than individuals who handle claims on their own.

Contact Our Uber Accident Lawyer for a Free Consultation

Determining fault in an Uber accident can be tricky, but you don’t have to face the challenges alone. At Davidoff Law Personal Injury Lawyers, we have extensive experience dealing with Uber accidents and can help you understand your legal rights. We know how to navigate the complex insurance policies involved and will work tirelessly to ensure you recover the compensation you deserve. Whether you’ve suffered bodily injury or property damage, we’re here to help.

Don’t wait—contact us today for a free, no-obligation consultation. We’ll evaluate your case and explain your legal options. Remember, there are no fees unless we win your case. Let us fight for you!