Can You Sue Uber if One of Their Drivers Causes an Accident?

If you’re hurt in a car accident with an Uber driver, the bad news is that Uber has legal mechanisms in place that prevent you from suing them in most cases–but the good news is that the rideshare company provides substantial insurance that may cover your losses even without a direct lawsuit.

Of course, even if the coverage applies in your situation, the insurance companies will fight hard to keep from paying any losses, so you will need to fight effectively to recover compensation. In rare cases, it may be possible to receive compensation from other sources, including the Uber corporation. Here we explain who can be held liable, how the insurance system works, and what an experienced Alvin rideshare accident attorney knows you need to succeed with a claim.

Is Uber Legally Responsible for the Actions of Its Drivers?

While Texas law generally holds employers liable for the actions of employees on the job, Uber and Lyft have structured their relationships with their drivers so they are not generally considered employers, meaning they do not automatically assume vicarious liability for accidents caused by the drivers.

However, a skilled personal injury attorney may be able to hold Uber liable by showing that one of the company’s actions caused the injuries. For instance, if Uber hired a driver without checking the driver’s qualifications and it turns out the driver never passed a driving test, then the rideshare company could be liable because they failed to conduct a responsible background check before telling the public that it was safe to ride with this driver.

Similarly, if Uber did not check the driver’s record or ignored a history of five DUI  convictions in the last year, the company could also be held responsible for encouraging the public to ride with a dangerous driver. In the rideshare company’s role of matching ride seekers with ride providers, the company has a certain level of responsibility, and when it fails to act with appropriate care, a skilled Alvin rideshare accident attorney can hold it liable. But these situations are relatively rare. Most of the time, insurance provides the best source of recovery after a rideshare collision.

When Does Uber’s Insurance Cover an Accident in Texas?

Uber provides up to $1 million in insurance to cover losses incurred by people injured in an accident caused by one of its drivers. But insurance coverage varies based on the driver’s status at the time of the crash, and you will need to prove the driver was responsible for the collision.

What is a Driver’s Status for Uber Insurance?

The driver’s status refers to the degree to which the driver is actively working for Uber at the time of the crash. There are four possibilities:

• The driver is taking a passenger from one location to another
• The driver has accepted a ride request and is on the way to pick up the passenger
• The driver has the app turned on but has not accepted any ride requests
• The driver has the app turned off or is not logged in

In the first two situations, the driver is actively engaged in work for Uber, and Uber’s full insurance coverage applies. By contrast, in the fourth situation, the driver is considered to be on personal time, and Uber provides no insurance at all. 

The third situation could be very contentious. With the app turned on, drivers are supposed to be looking for passengers, so they indirectly benefit the rideshare company. Uber provides partial insurance in this situation, but the limits are in line with the minimum requirements for private vehicles. Uber’s insurance company may argue that the driver’s personal insurance should cover the situation, and the dispute between insurance companies can delay the resolution of your claim.

How Do You Prove that the Uber Driver Was Responsible for Causing the Collision?

You will need to present evidence and persuasive arguments to show that the Uber driver did something irresponsible and that the irresponsible actions are what caused the accident and your resulting injuries. Evidence to prove accident causation could include:

• Photos of the accident scene including images of skid marks and road signs
• Footage from traffic and surveillance cameras
• Records of the driver’s route
• Statements from witnesses
• Footage from dashcams

It is important to start collecting this evidence as soon as possible after the collision because the availability and quality of the evidence deteriorates quickly. Once you have evidence, you will need to use it to overcome the arguments of the defense teams who will be trying to show their client is not responsible for causing that crash and that you are. A knowledgeable Alvin rideshare accident attorney is well equipped to handle both of these essential tasks. 

FAQs About Suing Uber After an Accident

Is Lyft’s insurance program the same as Uber’s?

Yes, for all practical purposes, both major rideshare companies operate on identical principles regarding insurance coverage for drivers. 

Does Uber’s insurance cover passengers injured in a crash?

Yes, the insurance provided by Uber should cover injuries to passengers in the Uber driver’s vehicle as well as passengers in other vehicles–but only if you can succeed in proving that the Uber driver bears the majority of fault for causing the accident.

Should I report the accident to Uber right away?

Your top priority is to get to a safe location and then get a thorough medical exam, so calling 911 is usually your best first step. Within the next few days, you should report the accident to Uber through the app, but you might want to consult an attorney first so that you understand your legal rights and know how to avoid saying something that could put your right to recovery in jeopardy.

Do I need a lawyer if Uber’s insurance has offered a settlement?

It is always wise to learn about your rights before agreeing to give up those rights, and that’s what you do when you accept a settlement. Once you agree to compensation, you cannot request more later if you still need further medical care. You can schedule a free consultation with the team at DeKeyzer Law and learn about the value of your claim so that you can decide whether to accept the settlement or work toward more compensation.

We Know How to Stand Up to Rideshare Companies with Texas-Size Justice

On the one hand, Uber’s insurance can provide significant resources to meet your needs and make up for your pain and suffering after an accident caused by the rideshare driver. On the other hand, the extra insurance provides the incentive for the rideshare company to invest more in legal strategies to fight liability.

In this difficult situation, you need tenacious and experienced legal guidance to recover the compensation you deserve, and that’s what we provide at DeKeyzer Law. We know how to overcome the tricks of the rideshare companies and their insurers so that we can obtain maximum compensation for your losses after a rideshare accident. To learn what may be possible in your case, schedule a free case evaluation with an Alvin rideshare accident attorney by calling us at 713-904-4004 or contacting us online.