Uber has transformed the transportation industry. It turned many regular drivers into rideshare drivers, allowing them to transport passengers from place to place.
With that transformation comes a lot of questions about liability in car accidents. Uber has a lot of protections in place, but you may be able to recover compensation from them if you’re in an accident with an Uber driver.
This article will cover Uber’s insurance coverage, whether you can sue them, what challenges you may face, and how our Chicago personal injury attorneys can help you overcome them.
Uber’s Insurance Coverage
Uber is a company that has insurance. Additionally, when Uber drivers sign up, they must provide proof of insurance. An individual cannot drive with the company without personal car insurance.
Which insurance policy applies in an accident case depends on what period of the trip they are on.
- Offline: If the driver is offline, they are not operating as an Uber driver. Even if the vehicle has an Uber sticker or light, it does not matter. The driver’s personal insurance would cover the car accident, and you cannot sue Uber.
- Available: If the driver is available for rides but does not have a passenger, then Uber may offer some protection. If the driver is at fault for the accident, Uber has third-party liability insurance that can help cover the cost of injuries. It can cover $50,000 per person and $100,000 per accident for injuries. It can also cover up to $25,000 in property damage per accident. The Uber driver’s personal insurance policy may also apply.
- En-Route/On a Trip: Uber’s liability coverage applies if you are en route or on a trip with a passenger. The company’s insurance policy covers at least $1,000,000 million for property damages, rider injuries, and third parties if you’re at fault for the accident. It can also cover your car’s repair costs (with a $2,500 deductible), though it is contingent on your own insurance policy.
If you’re wondering if you can sue Uber if you get in an accident, the answer is yes. Uber insurance coverage varies, so you’ll need to know what stage of the trip they were on, if any.
Uber Driver as Independent Contractor vs. Employee
Uber classifies their drivers as independent contractors instead of employees. This wording is a clever legal strategy that Uber employs to try to put some distance between the company and its drivers.
An Uber driver is not employed directly by the company, which can impact your ability to recover damages from Uber if you’re injured in an accident. An attorney can help you understand how to pursue legal action against Uber and its independent contractors after a car accident.
Scenarios Where You Might Sue Uber
Just because Uber tries to distance itself from its employees doesn’t mean they are exempt from legal action. Here are some scenarios where you might sue in an Uber accident.
Accidents Caused by Negligence of Uber Drivers
If the Uber driver is on duty and their negligence caused the car accident, you could sue Uber to recover damages. Negligence could include:
- Speeding
- Running a red light
- Texting while driving
- Improperly signaling
- Talking on the phone while driving
These are just some scenarios in which Uber’s third-party liability insurance would apply. If the driver is found negligent, their insurance company will cover a portion of the injuries or damages.
Depending on the circumstances of the accident, you could recover $25,000 or more for your vehicle damages and other personal injuries.
Passenger Injuries in an Uber Vehicle
If you’re a passenger in an Uber vehicle that gets in an accident, you can seek financial compensation from Uber’s insurance for your injuries. The complete $1,000,000+ policy should cover you.
To file a claim, you’ll need to follow a few steps.
- Gather documentation: Take pictures of the accident scene. Get the names of all parties involved, including witnesses and responding officers.
- Seek medical attention: Even if you feel okay, seek medical attention. Many injuries are not apparent right away. Medical records can support your personal injury claim.
- Obtain legal representation: An experienced attorney can represent you throughout the legal process. They will advocate for you as you seek damages for your bodily injury. Even if there was no damage to your personal property, you can still seek compensation.
It’s up to your lawyer to prove negligence in the car accident case to hold Uber liable in addition to the driver.
Accidents with an Uninsured or Underinsured Uber Driver
Based on state requirements, Uber may offer additional coverage if uninsured or underinsured drivers cause the accident. This policy will provide extra coverage for Uber drivers and passengers.
Coverage varies by state, and not all states require this policy. If you’re in an accident with another car without insurance or adequate coverage, Uber may offer compensation for your injuries.
Negligent Hiring or Screening of Drivers
Uber drivers have to pass a background check before they can start taking fares. The background check should include:
- Motor Vehicle Report: Valid driver’s license without restrictions and 1-3 years of driving experience, depending on the state.
- Minimum Age Requirements: Depending on state requirements, you must be between 23 and 25 to drive for Uber.
- Criminal History: Drivers who have criminal convictions for murder, sexual assault, and terrorism-related offenses will be disqualified from driving. The charges can be pending or current. Some jurisdictions also require individual assessments to prove they can take passengers safely.
If Uber misses something in a background check or does not conduct a screening at all, they can be held liable for their driver’s actions. You place a certain level of trust in getting in a car with a stranger, and it’s Uber’s responsibility to ensure it’s safe.
Challenges in Suing Uber
Uber is a big company with an extensive legal team. You may face challenges if you try to sue them for your accident.
Proving Uber’s Liability
It can be a complex legal process to prove that Uber was liable for the accident because of how it classifies its drivers. Uber drivers are independent contractors, not employees, and must carry their own car insurance policy to drive.
Uber’s insurance policy has strict requirements for when it is complicit. Uber will not be directly liable if the Uber accident does not meet these requirements.
Dealing with Insurance Companies
Uber’s insurance company is staffed with experienced adjusters and legal teams. Their goal is to minimize the amount Uber will have to pay for an accident. They often try to offer a low settlement, drag out the process, or play other common tricks to get a person to settle. If you don’t have an experienced Uber accident lawyer advocating on your behalf, it may be easy to get confused.
Gathering Evidence and Establishing Fault
Whether you’re a passenger in an Uber accident or the driver of a car an Uber hit, you need to do your part to build your case. Collect evidence from the accident, including police reports, witness statements, and medical records. These documents can be used to support your claim against the Uber driver.
Why You Need a Personal Injury Lawyer
A personal injury lawyer can help you secure additional insurance coverage after an accident, even if the insurance company tries to settle with you directly.
Investigating and Building a Strong Case
Victims may not have access to the same information a lawyer does. Your car accident lawyer can investigate the accident, gather evidence, and build a case to establish liability. They can also speak with expert witnesses to strengthen your case.
Based on the facts, they will recommend that you pursue legal action against the Uber driver or Uber as a company.
Negotiating with Insurance Companies
Personal injury attorneys are deeply experienced in negotiating with insurance companies. They understand their tactics and are ready with counteractions to help secure a fair settlement for your injuries and property losses.
Representing You in Court
If your lawyer cannot reach a fair settlement with the appropriate insurance company, they are ready to take your case to court. They understand what you are entitled to following an accident, and they won’t stop until you get justice.
Consult Our Legal Team Today!
If you’re in an Uber or Lyft accident, you may be entitled to compensation for your injuries. At Rosenfeld Injury Lawyers, our team of qualified car accident lawyers in Chicago is ready to help you pursue justice through a personal injury lawsuit and ensure you receive fair compensation.
Call (888) 424-5757 or fill out our contact form to book a free consultation with a Chicago Uber accident attorney.