Can Drivers Sue Uber? Understanding Your Legal Rights

Michael S. Callahan | | Uber Accident
how to sue uber as a driver

Rideshare companies, such as Uber, are a part of our daily lives in Texas. Yet, along with the convenience of Uber and other rideshare companies, riders face a highly specific, and often confusing question: What happens if you’re in a car accident while you’re an Uber passenger?

Depending on the facts surrounding your case, you may be eligible to sue the Uber driver for a car crash as well as the rideshare company. Don’t wait to start on your claim so that you can be compensated for the physical, emotional, and financial harm caused by the accident. At The Callahan Law Firm, we’re here to provide you with a no-cost consultation so you can understand your options and what needs to be done next.

If you’re involved in an Uber accident, the fact is that there are numerous hoops you must jump through if you handle the claim on your own. However, an experienced attorney can handle all of the steps involved in making the claim, including filing a lawsuit and taking the case to trial when necessary.

Overview of Uber’s Insurance Policies for Drivers

In Texas, Uber drivers must carry a certain amount of insurance as a commercial driver. In a claim against an Uber driver, the ride status at the time of the crash determines the insurance coverage available, including the amount of coverage.

If you’re a passenger in an Uber vehicle or if you’re the driver of a car hit by an Uber vehicle, you should know there are specific factors that determine whether Uber’s insurance policy will cover you. When you exchange insurance information after the crash, be sure to get all of the Uber driver’s insurance coverage information, including the commercial policy information. If the police come to the scene, they should help facilitate the exchange.

Rideshare accidents are subject to different insurance coverage limits depending on the phase of the ride and the driver’s status. The applicable insurance policy is determined by when the accident occurs and whether the driver is actively engaged with the app.

Period One: When a driver is logged into the Uber app but has not yet started a ride, the following insurance limits apply:

  • $50,000 for bodily injury liability per person
  • $100,000 for bodily injury liability per accident
  • $25,000 for property damage liability per accident

Period Two: If the driver is logged into the app, has accepted a ride, but has not yet picked up the passenger, the following coverage applies:

  • $1 million in auto insurance
  • $1 million in uninsured/underinsured motorist coverage (for accidents involving drivers without sufficient insurance)

Period Three: Once the driver has picked up the passenger and the ride is in progress, the following coverage applies:

  • $1 million in auto insurance
  • $1 million in uninsured/underinsured motorist coverage

Understanding these coverage limits is critical when determining your rights and potential compensation after an accident.

Understanding Liability

Determining fault in an Uber accident involves a thorough investigation into the circumstances surrounding the incident. This includes reviewing accident photos and videos, speaking with eyewitnesses, and examining the extent of property damage to the vehicles involved.

In an Uber accident, several parties may be held responsible depending on the specific circumstances. These can include the Uber driver if their actions were negligent, other drivers on the road who may have caused the collision, pedestrians who were involved in the incident, government entities if poor road conditions or lack of proper signage contributed to the accident, and even vehicle manufacturers if a defect in the vehicle played a role in the crash.

Recoverable Damages in a Lawsuit against Uber as a Driver

After being involved in an Uber accident, you may be entitled to two types of compensation: economic damages and non-economic damages.

Economic damages cover measurable financial losses, such as medical expenses, lost wages, potential future loss of income and property damages

Non-economic damages compensate for the emotional and psychological impact of the accident, including pain and suffering, physical impairment, mental anguish, disfigurement as well as the loss of enjoyment of life. These damages address the intangible effects of the accident on your quality of life.

How An Experienced Uber Accident Lawyer Can Help

An experienced Uber accident lawyer can provide crucial support by safeguarding your rights and helping you pursue the full compensation you deserve for your injuries.

After being involved in an Uber accident, the injured party may encounter several challenges in seeking compensation and navigating the legal process. Some examples are:

Determining liability: In some cases, multiple vehicles may be involved and drivers may contest being held liable. An Uber accident lawyer can help gather evidence to establish liability in your case.

Dealing with Insurance Companies: Insurance policies can be complex and determining which insurance policy is the primary policy at the time of the accident can be challenging without the help of an experienced attorney.

Understanding Damages: In a rideshare accident, you may be entitled to recover various types of damages. An experienced attorney can help assess and calculate the full extent of your damages, including future medical expenses, loss of earnings, impairment, and more, which can be challenging to estimate. Our team is committed to guiding you through the process and ensuring that all your damages are fully understood and pursued.

Steps to Take After an Accident Involving Uber as a Driver

If you’re involved in an Uber accident, take the following steps to protect yourself and your potential claim:

  • Call 911. By doing so, law enforcement and emergency medical services will come to the scene. If you have injuries, get checked out. Even though you may not think you’re “that” hurt, see your doctor as soon as you can or go to an urgent care clinic to be evaluated.
  • Exchange contact information and insurance information. If you’re unable to trade this information with the others involved, law enforcement can help you get the information you need.
  • Take photos if you can. If you’re able to do so, make sure that you take photos that document the damage to the vehicle or vehicles, the crash scene, road conditions, and your injuries. This can help establish what happened, why it happened, liability and damages.
  • Schedule a complimentary consultation. An experienced attorney can help ensure you get all of the necessary evidence and documentation to support your claim. They will handle the legal aspects of your claim so that you can focus on your health and getting your life back on track.
Get Experienced Attorneys Who Know How to Sue Uber for a Car Crash

Get Experienced Attorneys Who Know How to Sue Uber for a Car Crash

Being involved in an Uber accident can be a stressful experience, particularly when determining who is responsible for your injuries and holding them accountable. At The Callahan Law Firm, our experienced Uber accident attorneys are here to help you through every step of the legal process. Contact us today to discuss your case, and let us help you pursue the compensation you deserve for the damages and injuries you’ve suffered.

FAQ

Can I sue Uber because of a crash?

Yes, you may be able to sue Uber if one of their drivers caused or contributed to a crash or other injury producing event. These cases can be complex and dealing with Uber and their insurance company is challenging. That’s why it is best to consult with and retain an experienced Uber accident attorney to make sure your rights are protected.

If you or a loved one have been injured in an Uber accident or other rideshare accident, don’t hesitate to contact a lawyer to discuss your options.

Can Uber block your account permanently?

Yes, Uber can permanently block your account under certain circumstances. This typically occurs if the company believes you have violated its terms of service or community guidelines.

Where can I find an Uber attorney?

If you’ve been involved in an Uber accident, our experienced rideshare accident attorneys can help you understand your options and guide you through the process of seeking compensation for your injuries and damages.