Car accidents happen, and when an Uber driver is involved, you might wonder if you can sue Uber itself. The answer depends on a few things, like whether the driver was working for Uber at the time and what kind of insurance was active. This guide will explain when Uber can be held responsible and what insurance covers the crash.
Are Uber Drivers Employees or Independent Contractors?
One key point is that Uber drivers are generally considered independent contractors, not employees. This means Uber is usually not automatically responsible for what the driver does while driving. Unlike a company employee, Uber doesn’t have the same legal responsibility for accidents caused by its drivers. So, in most cases, you can’t just sue Uber right away.
However, this doesn’t mean you don’t have options. You can still make a claim against the Uber driver’s insurance or, in some cases, Uber’s insurance policies depending on the situation.
What Insurance Does Uber Provide?
Uber carries different types of insurance depending on whether the driver’s app is on or off and whether they have accepted a ride or have a passenger.
If the Uber driver’s app is on but they have not accepted a ride, meaning they are available and waiting for a passenger, Uber provides some insurance coverage. This usually includes bodily injury limits of $50,000 per person and $100,000 for two or more people, plus $25,000 for property damage.
If the driver has accepted a ride or has a passenger in the car, Uber’s insurance is much higher. The company provides $1 million in combined liability coverage. This coverage kicks in first and is meant to protect passengers and others injured in the crash.
If the driver’s app is off, meaning they are not working for Uber at the time, their personal auto insurance applies. This personal insurance usually follows state minimum limits. For example, in Ohio, personal policies often cover $25,000 per person for bodily injury, $50,000 total for bodily injury, and $25,000 for property damage. These limits can vary depending on the state.
When Can You Sue Uber Directly?
In some situations, Uber itself can be sued. These cases usually involve Uber being negligent in a way that is separate from the driver’s accident. For example, if Uber did not properly check a driver’s background and that driver causes a crash, Uber could be held responsible. Or, if Uber knowingly lets drivers who have caused multiple accidents keep driving for the platform, Uber might be liable.
These cases are different because they focus on Uber’s own mistakes or failures, not just the driver’s accident. This is sometimes called “independent liability.” It means Uber can be responsible for harm caused by its own negligence.
What if You Were a Passenger in the Uber?
If you were a passenger during the accident, your rights are clearer. Uber provides a $1.5 million insurance policy that covers passengers injured in a crash. This insurance helps pay for medical bills, lost wages, and other damages.
Passengers generally don’t need to worry about suing Uber directly because the company’s insurance is designed to protect them. If you are hurt as a passenger, you should file a claim under this insurance.
What if You Were Not a Passenger?
If you were hit by an Uber driver but were not a passenger, your ability to sue Uber depends on the driver’s status at the time.
If the driver was “on the clock,” meaning their Uber app was on and they were waiting for or transporting passengers, Uber’s insurance may cover the crash. But if the driver was off the clock, Uber’s insurance usually does not apply, and you must rely on the driver’s personal insurance.
Because of this, it can be complicated to figure out who is responsible and what insurance covers the accident. Sometimes Uber might deny claims if the driver wasn’t transporting a passenger when the accident happened.
Why You Need a Lawyer for Uber Accident Claims
Claims involving Uber can get confusing because of the different insurance policies and the independent contractor status of drivers. A lawyer who understands these details can help you figure out who should pay and how to get compensation.
An experienced attorney can also look into whether Uber was negligent in ways that might make the company responsible. They can help gather evidence, file claims, and protect your rights during this process.
What to Do If You’re Hurt in an Uber Accident
If you are injured in an accident involving an Uber driver, take these steps:
Get medical help right away, even if injuries seem minor.
Document the crash scene with photos and notes.
Get contact and insurance information from the Uber driver.
Report the accident to Uber through the app or website.
Contact a personal injury lawyer who knows about Uber accident claims.
The sooner you start this process, the better chance you have of recovering damages.
Call Us for Help
If you or someone you love was hurt in a car accident with an Uber driver, don’t wait to get help. You may have a right to compensation for medical bills, lost wages, pain, and more. Call B’Ivory LaMarr Trial Lawyers at (877) 438-7243 to talk about your case and find out what steps to take next. We’re here to help you through every step and make sure you get the support you deserve.