If you were injured in an Uber car accident, the answer is yes, you can sue Uber — but it depends on the circumstances of the crash, the driver’s fault, and the insurance coverage in effect at the time of the accident. Uber operates under a specific legal and insurance framework that determines who is liable for your damages. At Phillips Law Offices in Chicago, Illinois, we help victims understand their rights, pursue claims against Uber or its drivers, and recover full compensation for injuries, lost income, and suffering.
Understanding Uber’s Legal Responsibility After a Car Accident
Uber’s business model makes things more complicated than a typical car crash. Uber drivers are considered independent contractors, not employees, which often allows Uber to limit its direct liability. However, Uber provides third-party liability insurance coverage that may apply depending on the driver’s activity during the accident.
If the driver was logged into the Uber app and actively carrying a passenger or on the way to pick one up, Uber’s $1 million insurance policy usually covers the damages. But if the driver was logged in without an active trip, a smaller policy may apply. When the driver wasn’t logged in at all, Uber typically denies responsibility, and the driver’s personal insurance becomes the primary source for compensation.
Understanding these distinctions is key to determining whether you can sue Uber directly or file a claim against the driver’s insurance. A qualified Chicago car accident lawyer can assess your case and identify the right path to recovery.
When You Can Sue Uber for a Car Accident
There are specific scenarios in which you may legally pursue Uber or its driver for your injuries. Generally, you can sue Uber if the company’s negligence, policies, or insurance obligations contributed to your losses.
1. Uber Driver at Fault While on Duty
If an Uber driver causes an accident while logged into the app and transporting or picking up a passenger, Uber’s $1 million commercial insurance coverage applies. This can cover medical expenses, lost wages, property damage, and pain and suffering. In this situation, you can file a third-party claim with Uber’s insurance provider or, in certain cases, sue Uber directly if the insurer refuses to pay fair compensation.
2. Uber’s Negligence in Hiring or Supervision
You may also have grounds to sue Uber if the company was negligent in screening or supervising drivers. For example, if Uber hired a driver with a history of reckless driving or criminal behavior and that driver caused your accident, you could argue that Uber’s failure to perform due diligence contributed to your injuries. This type of claim falls under negligent hiring or retention, and courts in Illinois may hold Uber accountable.
3. Product or App Malfunctions
Uber’s app plays a critical role in how rides are accepted and managed. If a technical malfunction, such as a faulty GPS signal or app distraction, caused or contributed to the crash, Uber may bear partial liability. In this scenario, you may pursue a product liability or negligence claim against Uber for failing to maintain a safe platform.
Can You Sue the Uber Driver Directly?
Yes, in certain cases, you can sue the Uber driver rather than the company itself. If the driver was off-duty (not logged into the app), then Uber’s insurance won’t apply, and you must seek damages through the driver’s personal auto insurance. This can be challenging, especially if the driver’s policy excludes commercial activity or has limited coverage.
If the driver was logged in but had not yet accepted a ride, Uber’s contingent liability insurance (typically $50,000 per person for bodily injury and $25,000 for property damage) might come into play. Still, these limits may not be enough for serious injuries. When that happens, a personal injury lawyer may recommend filing a lawsuit against both the driver and Uber, depending on how the app status and insurance coverage align.
Filing a Lawsuit Against Uber: Step-by-Step Guide
1. Gather Evidence Immediately
Start by collecting all possible evidence — photos of the accident scene, police reports, medical records, and witness statements. In Uber cases, digital evidence like screenshots of your ride receipt, the driver’s profile, and communication with Uber support can strengthen your claim.
2. Report the Accident to Uber and Your Insurance
Notify both Uber and your own insurance company about the crash. Uber’s support system allows you to report an accident within the app. Their insurance partner will review your claim, but remember that their priority is to minimize payout amounts. That’s why legal representation is essential from the beginning.
3. Consult a Personal Injury Lawyer
Experienced law firms such as Phillips Law Offices in Chicago, Illinois, specialize in rideshare accident cases. Your attorney will determine liability, communicate with insurance providers, and ensure your claim reflects the true value of your damages. They will also handle all legal correspondence and prepare your lawsuit if negotiations fail.
4. File a Legal Complaint
If Uber or its insurer refuses fair compensation, your lawyer may file a personal injury lawsuit in Illinois court. The complaint will detail how the accident occurred, who was at fault, the damages suffered, and why Uber or its driver should be held liable. The case may proceed to settlement discussions or trial, depending on the circumstances.
Damages You Can Recover After an Uber Accident
Victims of Uber accidents in Chicago may be entitled to significant financial compensation. Depending on your injuries, losses, and the level of negligence involved, you could recover:
- Medical Expenses: Hospital bills, surgeries, physical therapy, medications, and long-term care.
- Lost Wages: Compensation for missed work or future earning capacity if you are unable to return to your job.
- Pain and Suffering: For physical pain, emotional trauma, and reduced quality of life.
- Property Damage: Vehicle repair or replacement costs.
- Punitive Damages: In cases involving gross negligence or reckless conduct by Uber or the driver.
A skilled personal injury attorney will calculate both economic and non-economic damages to ensure full recovery under Illinois law.
How Uber’s Insurance Works in Different Scenarios
Uber maintains a tiered insurance structure, which changes depending on whether the driver is offline, online, or in an active trip. Here’s a breakdown of coverage:
- Driver Offline (Not Using the App): Uber’s insurance does not apply. The driver’s personal policy is responsible.
- Driver Online (No Passenger Yet): Uber provides contingent liability coverage — up to $50,000 per person, $100,000 per accident, and $25,000 for property damage.
- Driver with Passenger or En Route: Uber’s $1 million liability coverage is active, along with uninsured/underinsured motorist coverage.
This system can be confusing, but it defines who pays for your losses. A lawyer familiar with Uber accident law can interpret the fine print and pursue every available source of compensation.
Why You Need an Experienced Uber Accident Lawyer in Chicago
Dealing with Uber after a crash isn’t easy. The company has powerful insurers and legal teams working to protect its profits. Without representation, accident victims often settle for far less than they deserve. An experienced Uber accident lawyer understands the tactics used by rideshare insurers and can build a strong case using witness statements, expert testimony, medical reports, and Uber’s internal records.
At Phillips Law Offices in Chicago, we have extensive experience handling rideshare accident claims across Illinois. We fight aggressively to secure fair settlements and, when necessary, take the case to court to hold Uber accountable. Our approach ensures clients receive maximum compensation for their injuries, pain, and financial losses.
What to Do Immediately After an Uber Accident
If you are involved in an Uber-related crash, your safety and legal protection should come first. Here’s what to do:
- Seek medical attention — even if injuries seem minor. Some trauma, like whiplash or concussions, may appear later.
- Call the police to file an official report.
- Document the scene with photos, videos, and witness contacts.
- Report the crash to Uber through the app.
- Contact a Chicago Uber accident lawyer before discussing settlement terms or signing any documents.
Following these steps helps preserve your right to compensation and strengthens your legal claim against Uber or its insurance partners.
Get Legal Help for Your Uber Accident Today
If you were hurt in an Uber accident, you need legal help. Uber and their insurance company may not offer you the full amount you deserve. At Phillips Law Offices in Chicago, Illinois, we’re here to protect your rights and fight for fair compensation for your injuries, lost wages, and pain.
Contact us today for a free consultation and let our experienced team guide you through every step of your case. We’ll review your situation, explain your legal options, and work hard to get you the justice and recovery you deserve.
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