Can Uber be Sued for Their Driver’s Accident?

Being compensated for injuries and property damage after a car accident can be a logistical nightmare, and it can be especially complicated if you are involved in an accident with an Uber driver.

In situations like these, you might be wondering if you should sue the Uber driver or Uber. The short answer is that it depends, but in many cases, you can go after Uber for compensation.

Uber Can Now Be Sued Directly for Uber Accidents

The early days of ridesharing was a bit like the Wild West, and companies like Uber and Lyft classified rideshare drivers as an independent contractor and did not provide insurance for them. As a result, anyone injured in an accident involving an Uber driver could only seek compensation from the driver’s insurance company.

As many accident victims found out, however, Uber drivers often didn’t have insurance policies covering commercial travel.

In response to public outcry, Uber now has insurance coverage for Uber drivers up to $1 million, and more compensation may be available, depending on the circumstances.

When Can Uber Be Sued for Their Driver’s Accident?

While Uber can be sued in a variety of situations, there are also going to be cases where you’ll need to go after the driver or a third party. We’ve provided a list of possible scenarios that could happen in an accident and some guidelines about how to proceed in each case. 

• The Uber driver is using his vehicle for personal reasons. Just because you see the Uber sticker in the window doesn’t mean the driver is on duty. If the driver is running personal errands and is not on the clock, you cannot sue Uber.
   
• The driver is available but doesn’t have a passenger. Even without a passenger, the Uber driver may still be working for Uber. The determining factor is whether the driver has their Uber app on. If so, you can sue Uber after exhausting the limits of the driver’s personal policy.
   
• The driver is in transit to a passenger or has a passenger. Assuming the driver has their Uber app turned on, this is when maximum coverage from Uber applies. Whether you are a passenger in the vehicle or you were hit by an Uber driver, you can sue Uber for your injuries.
   
• An uninsured motorist causes the accident. Even if your Uber driver is not at fault, you can still sue Uber if the other driver does not have insurance or is underinsured. Typically, however, filing claims with the insurance companies of the third parties who caused the accident will be your first course of action before attempting to sue Uber. 

Can Uber Deny a Claim?

Despite having comprehensive coverage for Uber drivers, Uber can still deny a claim, which could result in you taking the company to court. Uber still classifies drivers as independent contractors, which can sometimes allow Uber to escape liability. For example, Uber may argue it is not responsible for actions taken by an Uber driver engaged in drunk driving.

Because Uber has a team of attorneys, it is highly recommended that you work with a personal injury attorney who has experience with ridesharing companies and is familiar with the tactics they employ to avoid agreeing to a fair settlement.

Injured in an Uber Accident in OKC? Call the Law Office of Bryan Garrett, PLLC As you can see, Uber accidents have a lot of moving parts, and they can become extremely complicated. To find out if you have a case against Uber, contact the law office of Bryan Garrett, PLLC for a free consultation.