Can You Sue an Uber Driver for the Negligence of Driving?

Have you been in an accident where the Uber driver was at fault? If so, you have the option to sue the driver and seek compensation for your injuries. You can first file a claim with Uber’s insurance policy, and if you feel that you haven’t been fairly compensated, you can consider suing the Uber driver.

At Uptown Injury Law, PLLC, our team of experienced Uber accident attorneys is here to assist you in exploring this option and protecting your legal rights. We will thoroughly assess your case, provide expert guidance surrounding the legalities, and advocate for your rights. To get started, reach out to us at 917-540-8728, or schedule a FREE initial consultation today.

What Are Your Legal Options After an Uber Accident?

After experiencing an Uber accident, your primary legal options include:

  1. Suing the Uber driver directly if they were responsible for the accident.
  2. Taking legal action against Uber if you were a passenger during the accident.
  3. Making a personal injury claim against the other driver who caused the accident.

Can You Sue an Uber Driver if You Suffered Injuries?

If you have suffered injuries as an Uber passenger, you can sue the company and the at-fault driver for your injuries. Uber provides up to $1 million third-party bodily injury coverage, so you do not have to worry about the medical expenses associated with your injuries.

In most cases, your claim will be against Uber rather than the at-fault driver. When you file a claim, Uber’s insurance company takes the responsibility to cover the accident-related damages, so there is no need to file a separate personal injury claim. This means you can avoid the legal complexities and still get the compensation you deserve. 

Make sure you have all the necessary documentation, such as accident details, medical bills, and police reports, to support your claim. Your attorney can help you gather and present this evidence to build a strong case.

If Uber’s insurance company or the Uber driver denies the claim, you can take your case to court. The jury will then determine the liability and the compensation amount. 

Can You Sue an Uber Driver if You Were Not Riding Uber?

Yes, you can take legal action against an Uber driver who causes an accident even if you’re not in the car. The two most common scenarios are:

  1. You were in another vehicle, either as a driver or passenger and had an accident involving an Uber vehicle.
  2. You were not inside any vehicle (e.g., you were a pedestrian) when you collided with an Uber car. In this case, you will be considered a third party. 

Uber’s insurance coverage depends on the driver’s availability status in all scenarios. This means that whether they are off duty, on duty, available for a ride, or on duty with you in the vehicle, the level of coverage may differ.

Can You Sue Uber if Another Driver Was at Fault?

No, you can not sue Uber for damages caused by another driver in an Uber accident. Uber evades liability by classifying its drivers as independent contractors. Thus, the company can not be held liable for accidents.  

However, you can file a claim with Uber’s insurance company for uninsured/underinsured motorist coverage (UIM coverage). This coverage applies to cases where the other driver is at fault for your accident and is uninsured or underinsured. 

The UIM coverage can include medical bills, lost income, and other losses due to the car collision. However, the coverage amount may vary depending on accident severity and has a limit of $1 million.

Moreover, if the other driver is at fault for your accident and has sufficient insurance coverage, their auto insurance company must pay for all damages.

Can You Sue Uber Directly?

Unfortunately, the law does not permit you to sue Uber directly because an Uber driver is an independent contractor instead of an employee. This means that Uber drivers are responsible for their actions, and the company is not liable for their negligence. Uber argues that they are simply connecting passengers with independent drivers, and the courts have agreed with them so far. 

For your and driver’s safety, Uber provides insurance coverage of up to $ 1 million to its drivers. But it only applies when the driver is dropping you or is active on the Uber app. So, if you get hit by an Uber driver who had no passengers at the time of the accident, you cannot sue Uber directly. In such cases, you must file a claim against the driver’s auto insurance policy.

When Does Uber’s Insurance Policy Kick in?

Depending on the status of Uber drivers at the time of the accident, there are three cases with varying insurance coverage. The cases are as follows:

The Driver Is Off Duty

When Uber drivers are not available to take rides, they are considered off-duty. In such cases, only the driver’s auto insurance will be applicable if a car with an Uber sticker hits you. 

Moreover, when the driver logs off during the ride or gives the ride privately, Uber will deny insurance coverage. 

On the other hand, if the driver was parked while waiting for a ride request on the Uber app when the accident occurred. Uber will cover the accident only if the driver’s auto insurance denies coverage. 

The Driver Is Waiting For Ride Request

When an Uber driver hasn’t accepted your ride request but is online, their auto insurance applies if an accident occurs. Uber also provides contingency insurance, which includes:

  • An extra $50,000 per person
  • $100,000 per accident for third-party liability coverage
  • An additional $25,000 for property damage

The Driver Is Dropping a Passenger

Both you and the driver are protected by Uber’s insurance policy once seated in the vehicle. In case of an accident, the policy offers $1,000,000 in third-person liability and $1,000,000 in property damage, depending on the accident’s circumstances.

How Do You Prove the Uber Driver Was on Duty When the Accident Occurred?

Proving whether an Uber driver was available for rides during an accident can be challenging. However, there are steps you can take, such as:

  1. Make sure to exchange information with the Uber driver and all parties involved in the accident. The information should include their contact numbers, emails, vehicle registration numbers, car insurance details, and license plate numbers.
  2. It’s advisable to consult an Uber or Lyft accident attorney. They can gather evidence to link the driver’s online status with the accident. They may also take help from expert witnesses to strengthen your case and ensure maximum settlement. 
  3. You or your attorney can also directly contact Uber customer support to know about the driver’s Uber app status during the accident.

Since Uber drivers are considered independent contractors, the company may minimize the compensation for your injuries. An experienced attorney can help you in such situations. They know the ins and outs of Uber accident cases and can fight for fair compensation.

How Long Do I Have to Sue the Uber Driver?

In New York, the statute of limitations for personal injury cases is three years. However, there are exceptions to this rule in case of severely injured or underage victims. If you think you have missed the deadline, you can still seek the guidance of a personal injury lawyer. They can help you determine if there’s still an opportunity to file a claim.

What Damages Can You Recover After An Uber Accident?

After an Uber accident, you can recover various damages, such as:

Medical Bills: The medical bills you can recover include hospital bills, ambulance charges, diagnostic tests, surgeries, and other bills related to your medical care. You can also claim compensation for your doctor’s fees, medication, and rehabilitation expenses. Remember to keep track of all your medical costs and obtain receipts, as they will be necessary for your claim.

Lost Wages: You can recover your lost income if you cannot work due to the injuries sustained in an Uber accident. This compensation covers the wages you would have earned if you had not been in the accident. Your attorney can help you calculate your lost income by analyzing your pay stubs, income tax returns, and other financial records. Moreover, you can also claim compensation for any loss of earning capacity due to the crash, such as reduced work hours, demotion, or termination.

Pain and Suffering: If you experience mental or physical trauma due to the accident, you can seek compensation for your suffering. You can get compensated for the ongoing pain, discomfort, and mental anguish you may experience after the accident.

Property Damage Coverage: If any property is damaged (e.g., vehicle) in the accident, you can seek compensation to repair or replace it.

Wrongful Death: In the tragic event of a death, you can pursue a wrongful death suit for losing your loved one. You can also claim damages such as medical bills, loss of income, funeral costs, and loss of companionship. 

Why Choose Uptown Injury Law, PLLC, For Your Uber Accident Case?

Ready to seek justice and fair compensation after your Uber accident? Here’s why you should choose Uptown Injury Law, PLLC:

Proven Track Record: At Uptown Injury Law, PLLC, our success rate speaks for itself. We’ve consistently delivered the best results for our clients, securing up to $100 million in verdicts and settlements. Check out our trust index for hundreds of satisfied client reviews. 

Comprehensive Coverage: We not only focus on your current situation but also your future needs. Our Uber/Lyft accident attorneys ensure your settlement covers all the damages from the accident, with your well-being as our top priority.

Free Case Evaluation: Wondering what your case is worth? Reach out to us for a free, no-obligation case evaluation. We’ll carefully examine your situation and provide a clear and comprehensive understanding of your options.

Don’t miss out on the compensation you deserve. Book a complimentary consultation now or call our office toll-free at 917-540-8728.


How Does Uber’s Insurance Company Work in Car Accident Cases?

Uber’s insurance company covers you and the Uber driver in an accident. The coverage depends on the driver’s ride status during the accident. If the driver is off-duty, only their auto insurance applies, and Uber’s insurance won’t cover the injuries. If the driver is on duty, you and the driver are protected by Uber’s insurance policy, which offers significant coverage depending on the circumstances of the accident.

Do Uber’s Insurance Policies Cover Accidents With Their Drivers?

Yes, Uber’s insurance policies cover accidents involving rideshare drivers, but they depend on the driver’s availability at the time of the accident and the circumstances surrounding it. Otherwise, the driver’s auto insurance covers the accident.

Do Uber Drivers Have Their Own Insurance Policies?

Yes, Uber drivers have their own insurance policies, as Uber has made it mandatory for them to have their own insurance as well. However, Uber’s insurance policy also covers accidents if the driver’s insurance limit is insufficient. This is applicable only when the driver is on duty with an Uber passenger, waiting for a ride request, or off-duty but available for rides.

How Do Uber Accident Attorneys Handle Rideshare Accidents?

An Uber car accident attorney can evaluate your options and gather all the evidence to support your case. They will work with you to make a claim against both the rideshare company and the driver’s insurance so that you receive your rightful compensation. Don’t wait long to seek the proper support for your rideshare accident claim.

Does Uber’s Insurance Policy Fully Cover Other Drivers?

Yes, Uber’s insurance policies cover other drivers involved in an accident if the Uber driver is at fault. The extent of this coverage depends on the Uber driver’s status at the time of the accident and his fault in the accident. Uber’s insurance won’t cover the damages if the driver is offline.

What to Do if You Suffer Injuries in an Uber Accident?

If you suffer injuries in an Uber car accident, immediately contact the police and the ambulance services. Receiving medical attention and documenting your injuries is essential for the claims process. 
Also, ensure you have all parties’ contact and insurance information. You can seek legal help from a seasoned Uber accident attorney who can support you through the personal injury case and reach a fair settlement
Schedule a free consultation with Uptown Injury Law, PLLC, to discuss your situation and evaluate your options for compensation.

Can You File a Personal Injury Case After a Rideshare Accident?

Yes, if you suffered injuries in a rideshare crash, you can pursue a personal injury lawsuit. This applies to all parties involved in the incident. For legal assistance, an Uptown Injury Law PLLC Uber accident lawyer can take you through the process.

Is a Free Consultation Available to Discuss Your Uber Accident Case?

Yes, you can book a free consultation to discuss your Uber accident case and evaluate the worth of your claim. Our expert car accident lawyers at Uptown Injury Law, PLLC, can evaluate your case for free and guide you through the available legal options.


Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers
Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers

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