You can sue Uber after an accident in certain circumstances. If you were injured in an Uber-related accident, you may have the right to sue Uber, the Uber driver, or another negligent party. This is true whether you were a passenger, driver, or pedestrian during the accident.
Uber’s insurance coverage usually applies only when the driver was active on the app when the crash occurred. At Feller & Wendt, LLC™, we’ve successfully handled numerous rideshare accident claims for clients in Utah, Idaho, and Arizona. Our personal injury attorneys can help you understand your legal options if your accident involved an Uber driver.
Understanding Uber’s Insurance & Liability
To file an Uber accident lawsuit, someone else must be liable for your injuries. The liable party’s insurance policy should cover your damages.
Uber’s insurance may cover your damages if one of its drivers is at fault for the accident. However, Uber classifies its drivers as independent contractors. That means insurance coverage depends on the driver’s status at the time of the accident:
- If the Driver Was Off Duty: Uber isn’t liable for the accident if the driver wasn’t actively working for Uber when the accident occurred. In this situation, you have to file a claim with the driver’s personal insurance policy.
- If the Driver Was Waiting for a Ride: Uber’s limited liability policy applies if the driver was available but hadn’t yet accepted a ride. The limited liability policy covers $50,000 per person, $100,000 per accident for injuries, and $25,000 for property damage per accident.
- If the Driver Had Accepted a Ride or Was Driving With a Passenger: Uber has more comprehensive coverage for accidents occurring during an active Uber ride. Uber’s insurance covers up to $1 million in damages if the driver was en route or on a trip.
Different types of lawsuits may apply depending on the circumstances. For example, wrongful death lawsuits may apply if someone dies in an Uber accident.
Who You Can Sue & When
Here’s a breakdown of who you can sue for an Uber accident based on the circumstances when the accident occurred:
- Suing Uber: You may sue Uber if the driver was carrying a passenger, on the way to pick one up, or waiting to accept a ride. Uber or its driver must be at fault for the accident.
- Suing the Uber Driver: You may sue the Uber driver directly if their negligence caused the accident and Uber’s insurance doesn’t apply. This is usually an option only if the driver wasn’t logged in to the Uber app.
- Suing Another Driver: You may sue another driver if a vehicle not affiliated with Uber caused the accident. In that case, standard car accident laws apply. You’ll file a claim with the driver’s liability insurance provider.
- Suing a Product Manufacturer: You may sue a product manufacturer if faulty vehicle parts caused the accident. Examples include defective airbags or faulty brakes.
How To Prove Fault & Build a Strong Case
It’s essential to prove that someone else was negligent if you’ve been injured in an Uber accident. To prove negligence, you must show that the defendant:
- Owed You a Duty of Care: This means the defendant had a legal responsibility to act in a way that wouldn’t cause harm. Uber and its drivers automatically owe a duty of care to passengers and other drivers.
- Breached Their Duty of Care: This means the defendant failed to act in a reasonably careful manner. For example, an Uber driver who was texting while driving would have breached their duty of care.
- Caused Your Injuries: You must prove that the defendant’s breach of duty caused your injuries.
- Resulted in Damages: You must have suffered physical, financial, or emotional damages as a result of the accident. This may include medical expenses, lost wages, or pain and suffering.
Strong evidence of these negligence elements is required to recover compensation. Evidence that may help support your case includes police reports, photos of the accident scene, dashcam footage, medical records, and witness testimony.
Legal representation is key to gathering and presenting the right evidence. Uber’s insurance adjusters will try to minimize your settlement, but our attorneys can negotiate on your behalf for fair compensation.
What To Do If You Were Injured in an Uber Accident
Your actions after an Uber accident can affect your case’s strength. Here’s how to protect your rights if you were injured in an Uber accident:
- Call 911: Stay at the scene until help arrives. The police will create an accident report that can help prove your case. Emergency medical personnel can screen you for serious injuries.
- Gather Evidence: Document the accident scene if your injuries allow. Take photos of the vehicles and visible injuries. You’ll also want to get witnesses’ contact information and insurance details from all involved drivers. Additionally, be sure to screenshot your ride history on the Uber app.
- Seek Medical Attention: See a doctor as soon as possible, even if you don’t feel injured. Some car accident injuries take time to develop symptoms. Getting your injuries documented as soon as possible will help you prove their connection to the accident.
- Report the Accident to Uber: You can report the accident in the Uber app whether you’re a rider or a driver. Uber’s insurance company may contact you soon after you submit the report, but consider waiting to engage until you’ve hired an attorney.
- Consult a Personal Injury Lawyer: It’s free to explore your legal options with our attorneys. We’ll listen to your story and explain your next steps.
Get Legal Help for Your Uber Accident Case
You may be entitled to compensation if you’ve been injured in an Uber accident. Suing Uber for an accident can be challenging without experienced representation. At Feller & Wendt, LLC™, we can help you stand up to Uber’s powerful resources and get the compensation you deserve as quickly as possible.
Start moving forward today with a free consultation from a rideshare accident attorney at our firm. We charge no upfront fees for our services and only get paid if you win. Contact us online or call 801-499-5060 for a free consultation.
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*This information provided by Feller & Wendt, LLC™ is for informational purposes only and should be in no way construed as legal advice.
