Is an Uber Driver Liable for an Accident?

a car that has been involved in a car accident

If you suffer extreme bodily injuries from an accident caused by your Uber driver, you may be entitled to financial restitution for your harms and losses. This raises an important question—can you sue Uber over the accident or do you sue the Uber driver over the accident? In the following article, we’ll answer this complicated question.

Can You Sue Uber for an Accident?

Short answer: Most likely yes, depending on the specific circumstances of your accident. Generally, a passenger in an Uber who is injured in an accident will have a legal basis to file a personal injury claim against either Uber (as a corporate entity) and/or the Uber driver (in their individual capacity). This is generally the situation whether you were a passenger in an Uber or you were in another vehicle that was hit by an Uber driver.

Your decision as to whether to file a claim against Uber the company or the Uber driver will likely depend on a myriad of factors, including what actually happened to cause the accident and how much financial restitution you are planning to pursue for your harms and losses.

For example, the insurance policy that applies to your car accident may hinge on the status of the driver at the time of the collision and what happened to cause the collision.

Applicability of Uber’s Insurance Policy Predicated On Status of Uber Driver

When deciding whether to file a claim against Uber directly or just the Uber driver, a key factor determining whether Uber’s insurance policy applies is the status of the Uber driver at the time of the collision. Here are some examples of how the Uber driver’s status can impact your Uber accident injury claim and what insurance policy applies.

Uber Driver was “Offline” When the Accident Happened: When an Uber driver is “offline,” it means they are not officially working for Uber at the time of the collision. In this situation, you will likely be unable to successfully file a claim against Uber for your bodily injuries. Instead, you would likely need to file a claim in a similar manner as if you were injured by any other motorist.

Due to the fact that, in most instances, an Uber insurance policy only covers collisions caused by an Uber driver who was:

  • Waiting to give a ride;
  • Was on their way to pick up a passenger; and/or
  • Was actively transporting a passenger.

Driver Is Waiting To Give A Ride: If an Uber driver has yet to accept a request but is “on the app” and waiting for a rider, then Uber provides the following insurance coverage:

  • $50,000 per person injured in an accident ($100,000 per accident)
  • $25,000 in property damage per accident

Driver Accepted A Ride Request Or Is Transporting A Rider: Uber provides a $1 million insurance policy for collisions that occur after a driver accepts a ride, which means the rider does not have to be in the vehicle for this insurance policy to apply, or while an Uber driver is transporting a passenger.

Financial Restitution for Your Injuries After an Uber Accident

If you or a loved one suffered serious bodily injuries involved in an accident, you may be eligible to obtain financial restitution for your harms and losses, including:

  • Immediate and Long-Term Medical Expenses: You may have needed to visit the emergency room or intensive care unit to properly treat your bodily injuries. Depending on the extent of harm, you may have even needed surgery. This may entail an extended stay in the hospital. In addition, you may also need to engage in further doctor visits and/or take prescription medications to treat your injuries. These are all reimbursable costs that can be pursued through an Uber accident injury claim.
  • Lost Income: If your injuries forced you to take time off of work to recover, you may be able to recover those lost wages. If you are unable to return to work or have to accept a job that pays less than your previous job, you may also be able to recover your future lost earnings.
  • Pain, Suffering, Mental Trauma, Inconvenience, and So Forth: Significant bodily injuries are known to cause both physical and emotional harm. Depending on the extent of your injuries, you may be entitled to compensatory damages associated with the pain, suffering, mental anguish, inconvenience, etc. associated with the injuries suffered in the Uber accident.

Majority of Uber Accident Injury Claims Settle Out of Court

If you are on the fence about filing an Uber accident injury claim due to concerns about testifying in court in front of a judge and/or jury, please keep in mind that most personal injury claims actually get resolved outside of court. Yes, Texas law allows you to file a personal injury lawsuit in a court of law, but doing so does not mean your case will actually be tried in a court of law. In fact, the overwhelming majority of automobile accident cases in Texas are settled outside of court (through settlement negotiations, mediation, etc.). Deciding when and where to file a personal injury lawsuit should be done in consultation with an experienced and knowledgeable Uber accident injury lawyer in Texas.

Why It Makes Sense to Hire an Uber Accident Lawyer in Texas

One of the most important actions to take after an Uber accident is to schedule a free consultation with an experienced car accident lawyer. Retaining the services of a knowledgeable and respected Uber accident injury attorney is one of the best ways to ensure you do not get taken advantage of by an insurance representative and that you are properly compensated for your harms and losses.

When you have an experienced Uber accident injury lawyer on your side, they will go to work right away building your case. Some of the actions they will likely take include:

  • Gathering evidence related to your Uber accident, such as medical records, police reports, witness testimony, and photos of the accident and its damages.
  • Consulting with experts in various fields to support your case.
  • Calculating all of your harms and losses.
  • Managing all communications with other parties involved, including Uber insurance representatives.
  • Negotiating on your behalf and working to secure an amicable settlement that provides the financial restitution you are owed.

Have Questions? Speak to an Experienced Uber Accident Injury Lawyer with Slack Davis Sanger

If you or a loved one was seriously injured in an accident caused by an Uber driver, now is the time to talk to the experienced car accident attorneys at Slack Davis Sanger today. We advocate for those who have suffered harm in rideshare vehicles through no fault of their own, and we want to help. Schedule a free, confidential case review today by calling us at 800-455-8686, or submit our contact form today.