Can You Sue Uber if Your Driver Crashes?
Legally reviewed by: Jessica Anvar Stotz, JD, MBA
Short answer: Yes, a passenger can sue Uber for injuries sustained in a crash, if the Uber driver is at fault. If the other driver is found at fault, there are some instances where you can sue. Uber maintains insurance policies that may cover such incidents, allowing passengers to seek compensation for medical expenses, lost wages, and pain and suffering.
Uber’s Liability Structure
Uber’s insurance coverage is a complex system designed to protect both drivers and passengers, while also limiting the company’s direct liability. Unlike traditional transportation services, Uber operates through a unique model that depends on the driver’s current status during an incident.
Driver Status and Insurance Coverage
Offline Status
When an Uber driver is not actively using the app and is simply driving their personal vehicle, their personal auto insurance is the primary coverage. Uber provides no insurance protection during this time, which means the driver is entirely responsible for any accidents.
Available/Waiting for Ride
Once a driver turns on the Uber app and is waiting to be matched with a passenger, a limited insurance policy comes into effect. Typically, this includes:
- Reduced liability coverage
- Partial protection for potential damages
- Lower policy limits compared to when a passenger is in the car
En Route to Passenger or During Active Ride
This is the most comprehensively covered scenario. When a driver is either picking up a passenger or has a passenger in the vehicle, Uber provides:
- Up to $1 million in third-party liability coverage
- Uninsured/underinsured motorist protection
- Contingent comprehensive and collision coverage
- Protection that supersedes the driver’s personal insurance
Insurance Policy Mechanics
Uber’s insurance is designed as a secondary or “excess” coverage. This means:
- The driver’s personal insurance is typically first in line to cover damages
- Uber’s policy kicks in when the driver’s personal insurance is insufficient
- The coverage amount and type depend on the specific circumstances of the accident
Legal Gray Areas
Despite these seemingly clear guidelines, insurance claims involving Uber can quickly become legally complicated. Factors like:
- Determining exact moment of accident
- Proving driver’s app status
- Identifying responsible party
- Navigating multiple insurance policies
All contribute to the complexity of these cases, often requiring specialized legal expertise to navigate successfully.
When You May or May Not Be Able to Sue Uber for a Crash
When You Might Be Able to Sue Uber
- Driver was actively transporting a passenger: If the Uber driver was on a ride with a passenger at the time of the accident, Uber’s insurance policy typically covers injuries and damages.
- Driver was logged into the app and looking for a ride: In some cases, even if the driver hasn’t picked up a passenger yet, Uber’s insurance may still apply.
- Uber’s negligence: If you can prove that Uber was negligent in hiring or retaining a dangerous driver, you may have grounds for a lawsuit. For example, if Uber knew or should have known about a driver’s history of reckless driving or other issues.
When You Might Not Be Able to Sue Uber
- Driver was off-duty and not using the app: If the driver was not actively working for Uber at the time of the accident, the company’s insurance likely won’t cover the incident.
- Accident was solely the fault of another driver: If another driver caused the accident and Uber’s driver was not at fault, you would likely pursue a claim against the other driver’s insurance.
It’s important to consult with an attorney to determine the specific circumstances of your case and your legal options.
Types of Compensation in Rideshare Accidents
When involved in an Uber-related accident, victims may be eligible for various types of compensation. Understanding these potential damages can help individuals assess the full extent of their potential recovery.
1. Economic Damages (Compensatory Damages)
Medical Expenses
Some examples of medical expenses include:
- Emergency room treatment
- Hospitalization costs
- Surgical procedures
- Ongoing medical treatments
- Rehabilitation and physical therapy
- Prescription medications
- Future medical care related to the accident
Lost Wages and Income
Some examples of lost wages and income include:
- Compensation for time missed from work
- Lost earning capacity
- Reduced work hours due to injury
- Potential future income loss
- Impact on career progression
- Compensation for self-employed individuals
2. Non-Economic Damages
Pain and Suffering
Some examples of pain and suffering include:
- Physical pain experienced
- Emotional distress
- Psychological trauma
- Reduced quality of life
- Loss of enjoyment of daily activities
- Mental anguish
- Impact on personal relationships
Emotional Distress
Some examples of emotional distress include:
- Anxiety
- Depression
- Post-traumatic stress
- Counseling or therapy costs
- Long-term psychological impact
3. Potential Punitive Damages
Extraordinary Circumstances
Some examples of extraordinary circumstances include:
- Gross negligence
- Intentional misconduct
- Egregious safety violations
- Deliberate disregard for passenger safety
4. Specific Considerations for Rideshare Accidents
Unique Compensation Factors
Some unique compensation factors include:
- Multiple insurance policies involved
- Complexity of rideshare accident claims
- Potential for partial fault
- Varying state regulations
5. Factors Influencing Compensation Amount
Some factors influencing compensation amount include:
Determinants of Damage Calculations
- Severity of injuries
- Long-term medical implications
- Degree of fault
- Insurance policy limits
- Local legal jurisdiction
- Quality of evidence
- Impact on victim’s life
Crucial Steps for Maximizing Compensation
Immediate Medical Documentation
- Seek prompt medical attention
- Maintain detailed medical records
- Document all treatments and diagnoses
Comprehensive Evidence Collection
- Police reports
- Witness statements
- Photographic evidence
- App-based ride documentation
- Medical bills and records
Professional Legal Representation
- Consult personal injury attorney
- Understand full scope of potential damages
- Navigate complex insurance claims
- Negotiate fair settlement
Important Considerations
- Compensation varies significantly by case
- No guaranteed outcome
- Professional legal advice critical
- Time limitations on filing claims
- Importance of thorough documentation
Challenges of Suing Uber After a Crash
Suing Uber after a crash can be challenging due to several factors:
- Independent Contractor Status: Uber drivers are classified as independent contractors, making it more difficult to hold the company directly liable for their actions. Proving negligence on Uber’s part, such as negligent hiring or training, can be complex.
- Insurance Coverage: While Uber maintains insurance policies, understanding the specific coverage and whether it applies to your situation can be complicated. It’s essential to determine if the accident occurred while the driver was actively on a ride or during another part of their shift.
- Legal Process: Personal injury lawsuits can be lengthy and complex, involving gathering evidence, hiring legal representation, and navigating the court system.
- Uber’s Legal Team: Uber has a dedicated legal team experienced in defending such cases, making it crucial to have strong legal representation to counter their arguments.
- Potential Settlement Offers: Uber may offer a settlement to avoid a trial. It’s important to carefully consider any settlement offer, as accepting it may limit your future options for additional compensation.
It’s crucial to consult with an experienced personal injury attorney to assess your case and understand your legal options.
Final thoughts
Suing Uber after a crash can be a complex process. While Uber maintains insurance policies to protect passengers, the specific circumstances of the accident and the driver’s status at the time of the crash will determine the extent of the company’s liability.
If you’ve been injured in an Uber-related accident, contact one of our attorneys to understand your rights and explore potential legal options.
