Can You Sue Uber if You Get in an Accident?

Can You Sue Uber if You Get in an Accident?

Meta Title: Can You Sue Uber if You Get in an Accident?

Meta description: Learn if you can sue Uber after an accident. Understand how driver status, insurance coverage, and legal steps impact your rights and potential compensation.

Can You Sue Uber if You Get in an Accident?

Uber accidents can leave victims confused about their rights and the legal actions they can take. Whether you’re a passenger, pedestrian, or driver, understanding when and how to sue Uber is crucial. Uber’s unique insurance policies and the driver’s status in the app during the accident significantly impact liability and compensation. 

 

This guide explores the types of lawsuits, Uber’s insurance coverage, and the benefits of hiring an Uber accident lawyer to navigate these complexities. By taking swift and informed action, you can protect your rights and seek fair compensation for your injuries and losses.

Can You File a Lawsuit Against Uber After an Accident?

Yes, you can pursue legal action against Uber if you’re involved in an accident with one of their drivers. However, the specifics of your situation—such as the driver’s status at the time of the accident and the applicable insurance coverage—will influence the process. 

 

Additionally, factors like the extent of your injuries, whether the accident involved negligence on Uber’s part, and the evidence available can also play a significant role in determining the outcome of your claim or lawsuit. 

Types of Uber Lawsuits

Uber lawsuits can arise from various situations, often involving accidents, injuries, or driver misconduct, and may hold the driver, Uber, or both accountable, depending on the circumstances.

1. Injured Passenger Lawsuits

In the U.S., passengers injured during an Uber ride have the legal right to sue the driver or Uber itself, depending on the circumstances. Cases often involve personal injury claims, where Uber’s insurance policy provides coverage if the driver was actively logged into the app or transporting passengers. The U.S. legal system also allows claims for emotional distress or punitive damages in severe cases.

2. Collisions Caused by Uber Driver

In the U.S., Uber drivers are frequently involved in accidents causing injuries to other motorists, pedestrians, or cyclists. Victims can pursue legal action against the driver and, in some cases, Uber, depending on the driver’s status (offline, waiting for a ride, or actively transporting passengers). This aligns with U.S. negligence laws, which allow victims to claim damages from at-fault parties.

3. Successful Uber Lawsuits

U.S. courts have seen successful lawsuits against Uber for various reasons, including accidents, driver misconduct, and negligence in hiring or supervising drivers. Examples include cases where Uber was held responsible for inadequate safety measures or driver background checks.

4. Young Child Fatally Injured While Crossing Street

In the U.S., tragic incidents have occurred where children were struck and killed by Uber drivers. For example, a widely reported 2013 case in San Francisco involved a young girl who was hit by an Uber driver while crossing a street, resulting in a wrongful death lawsuit. This raised questions about Uber’s liability when drivers are between rides.

5. Passengers Sustain Serious Injuries in Collision

Serious injuries sustained by passengers in Uber-related collisions are common grounds for lawsuits in the U.S. Victims can claim compensation for medical expenses, lost wages, and pain and suffering. Uber’s $1 million insurance policy typically applies to such cases, as mandated by rideshare regulations in many states.

6. Passenger Injured by Uber Driver

U.S. lawsuits have been filed against Uber drivers who caused injuries to passengers through reckless driving, assault, or other forms of misconduct. Plaintiffs may also pursue Uber directly if the company fails to vet drivers properly or ignores complaints about driver behavior.

Uber’s Insurance Coverage in Accident Cases

Uber provides specific insurance coverage for its drivers, but whether it applies depends on the driver’s status in the app at the time of the accident. This is a key factor in determining liability and whether you can sue Uber directly.

1. Driver Offline (App is Not On):

  • When drivers are not using the Uber app, they are considered off-duty. Uber’s insurance does not apply in this case.
  • Any claims must be directed at the driver personally, relying on their auto insurance policy. 

2. Driver Online, Waiting for a Ride Request:

  • If the driver has the app turned on but has not yet accepted a ride, Uber provides limited third-party liability coverage if the driver causes an accident. This coverage includes:
    • $50,000 per injured person.
    • $100,000 total injury liability per accident.
    • $25,000 property damage liability.
  • However, Uber’s coverage is secondary, meaning it kicks in only if the driver’s insurance denies the claim.

3. Ride Accepted or Passenger Onboard:

  • Once the driver accepts a ride or is transporting a passenger, Uber provides comprehensive insurance coverage:
    • $1 million in third-party liability coverage: Covers damages if the Uber driver is at fault.
    • Uninsured/Underinsured Motorist Coverage: Protects passengers and the driver if the at-fault party in the accident lacks sufficient insurance.
    • Collision and Comprehensive Coverage: Covers vehicle damages regardless of fault, provided the driver has collision coverage on their policy. A $2,500 deductible applies.
  • Passengers can directly pursue claims under this $1 million policy for injuries or damages sustained in the accident. 

Uber’s Insurance Coverage Related to Lawsuits:

  • Uber’s insurance coverage may pay for damages if the driver is logged into the app or is transporting passengers. You would generally sue Uber’s insurance provider for compensation rather than the company directly.
  • You may only sue Uber directly if you can prove negligence on their part, such as failing to screen or train the driver properly.

Special Cases Where Uber May Be Liable:

  • Negligent Hiring or Oversight: If Uber knowingly allowed a dangerous or unqualified driver to operate.
  • Policy Gaps: If an accident occurs in scenarios where Uber’s insurance does not provide full coverage, legal action may focus on the company’s responsibility.

Conclusion: You Can Sue Uber or Its Driver

If you’re involved in an Uber accident, you can sue Uber or its driver, depending on the circumstances. The driver’s app status and Uber’s insurance coverage are crucial in determining liability. Uber provides up to $1 million in coverage during rides, but suing the company directly often requires proving negligence, such as poor driver screening. 

 

Hiring an Uber accident lawyer helps clarify insurance policies, determine fault, and maximize compensation for medical bills, lost wages, and other damages. With contingency-based representation, you can access legal support without upfront costs. Act quickly to protect your rights and build a strong case.

 

FAQs

Can I Sue an Uber Driver if I’m not a Passenger?

Yes, if you’re a pedestrian, cyclist, or another motorist injured by an Uber driver, you can file a claim against the driver. Uber insurance may also provide coverage depending on the driver’s status and fault. 

 

Can I Sue an Uber Driver if I am a Passenger?

Yes, As an injured passenger, you have the right to file a claim against the Uber driver and potentially access Uber’s insurance coverage, depending on the circumstances of the accident.

 

Attorney Advertising: The information contained on this page does not create an attorney-client relationship nor should any information be considered legal advice as it is intended to provide general information only. Prior case results do not guarantee a similar outcome.

Howard Jacobson

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