You can sue Uber after an accident, but only in limited cases when it was negligent in hiring or other practices. Drivers are contractors, not employees, so Uber is generally not responsible for their actions.
To get fair compensation when the accident was the Uber driver’s fault, you must know how rideshare insurance works and how to seek damages that fully reflect your short- and long-term losses. An experienced attorney can tell you which insurance policy to consult and advise whether you can file a lawsuit.
Can You Sue Uber After an Accident?
Generally, employers are among the parties you can sue if their driver was working and caused your accident. It may seem logical that you can sue Uber if its driver hits you; however, courts have consistently ruled in accident cases that Uber drivers are private contractors, not employees.
This distinction means Uber isn’t responsible for drivers’ negligent actions. To sue the company for negligence, you must show that it was negligent in a manner separate from the driver’s actions. However, depending on the Uber driver’s status at the time of the crash, you may be able to collect from the insurance policy the company provides.
Who Is Liable for an Uber Accident?
Virginia is an at-fault insurance state, meaning victims turn to the at-fault driver’s policy first after a crash. After an accident that was the rideshare driver’s fault, you may be able to seek compensation from the driver’s or Uber’s liability coverage. Whom you claim against depends on the driver’s status at the time of the crash:
- Driver was not using the app to seek rides: Uber is not liable, so you must seek compensation from the driver’s insurance coverage
- Driver was logged in and seeking a passenger but had not accepted a ride: Uber provides limited coverage.
- Driver was carrying a passenger or en route to pick one up: Uber’s $1 million liability insurance policy applies.
Uber carries insurance policies to comply with state laws and as a driver perk; however, the company does not concede any liability when its insurer pays claims because its drivers are independent contractors. A settlement that doesn’t cover all your damages does not necessarily mean you can seek additional compensation through a lawsuit against Uber.
When Can You Sue Uber for an Accident?
Most accident claims involving at-fault Uber drivers go through the company’s insurance, not through the legal process. However, drivers’ independent-contractor status does not mean you can never sue the company. There are instances where Uber could be held responsible for crashes.
The company may have been negligent in its hiring practices or failed to conduct adequate background checks on drivers. System failures or app-related issues that contributed to the accident may also lead to liability on Uber’s part.
Partnering with an experienced Uber accident lawyer is crucial. They can assist you in determining the best course of action after a crash, including whom to file insurance claims against and whether you can sue Uber directly.
Suing the Uber Driver vs. Suing Uber Directly
| Factor | Suing the Uber Driver | Suing Uber Directly |
|---|---|---|
| Liability | The driver is personally responsible if they were not on the Uber app or were engaged in personal driving. | Uber is generally not liable because drivers are classified as independent contractors. |
| Insurance Coverage | Uber’s insurance may cover damages if the driver was active on the app, but coverage varies based on their status. | Uber's $1 million liability policy only applies if the driver was carrying a passenger or en route to pick one up. |
| When Can You Sue | You can sue a driver who was at fault and not covered by Uber’s full policy. | You can sue Uber for its corporate negligence, such as failing to conduct adequate background checks or address app issues. |
| Challenges | The driver may have limited insurance or assets, making it harder to recover full compensation. | Uber has strong legal defenses, making it difficult to sue them directly. |
| Best Course of Action | Filing an insurance claim against the driver or under Uber’s policy is typically the best option. | Suing Uber is only viable in special circumstances where Uber itself played a role in the accident. |
What To Do After an Uber Accident To Protect Your Case?
Protecting your health is your primary goal after an Uber driver hits you. The steps you take at the scene and shortly thereafter also can preserve evidence and bolster an insurance claim or lawsuit. Actions to take include the following:
- Seek immediate medical attention, even if your injuries seem minor. Some serious injuries have delayed-onset symptoms.
- Gather evidence such as photos and videos, collect witness contact information, and note which law enforcement agency responded so you can get a report.
- Notify Uber through its accident reporting system, but do not talk to representatives before securing legal advice.
- Don’t admit fault or make statements such as “I’m fine.”
- Don’t share your accident on social media.
- Consult a rideshare accident attorney to learn your legal options.
If you can’t collect all the evidence you need, a skilled attorney can assist you. They can get evidence you may find difficult to obtain, such as driver background checks or proof of previous crashes that the Uber background check missed. Choose an attorney with experience in Uber and other accident cases so they can apply the breadth of their knowledge to your circumstances.
How a Lawyer Can Help You Sue Uber After an Accident?
Legal representation is crucial for negotiating the sometimes complex Uber insurance claims process. A skilled attorney can help you establish liability and refute allegations that you were responsible for the crash. They also will determine if your claim fits the special circumstances necessary to sue Uber.
Our Uber accident attorneys at Cooper Hurley Injury Lawyers have experience with rideshare claims and know how to negotiate effectively with insurance companies. We’re THE car crash experts and have collected tens of millions of dollars for our deserving clients.
Get assistance from our award-winning legal team by calling (757) 333-3333 or completing our online contact form for a free consultation. We take our Uber accident cases on a contingency fee basis, so you don’t pay us unless we win.
