If your car was hit by an Uber, you might wonder if you can sue Uber itself. The answer isn’t simple. It depends on many factors, including whether the Uber driver was working at the time and the insurance coverage involved. This post will explain what you need to know about suing Uber, the role of Uber drivers as independent contractors, insurance rules, and when you might have a case against Uber.
Uber Drivers Are Independent Contractors
Uber drivers are usually not employees of Uber. Instead, they are independent contractors. This means Uber does not directly control their work like an employer would. Because of this, Uber is generally not responsible for everything a driver does while on the road.
When a driver causes an accident, you usually cannot sue Uber right away because the driver is considered separate from the company. This is called “vicarious liability,” which means a company is only responsible for an employee’s actions, not an independent contractor’s.
However, this rule has exceptions. For example, if Uber did not follow safety rules or failed to properly screen a driver, you might be able to sue Uber. You could claim that Uber was negligent, meaning they did not take proper care to prevent harm.
Uber Drivers Have Insurance
Even though Uber drivers are independent contractors, they still must carry insurance. Uber has a special insurance policy that kicks in depending on the driver’s status during an accident. This insurance is separate from the driver’s personal auto insurance, which usually will not cover accidents that happen while the driver is using the Uber app for work.
Here is how Uber’s insurance coverage generally works:
- When the driver is online but has not accepted a ride, Uber provides liability insurance with a limit of $50,000 for bodily injury to one person and $100,000 for two or more people. It also offers $25,000 for property damage.
- When the driver has accepted a ride or has passengers, Uber’s insurance coverage increases to $1 million combined coverage. This covers both bodily injury and property damage.
These numbers may vary by state. For example, Ohio requires minimum coverage of $25,000 for bodily injury to one person, $50,000 for two or more people, and $25,000 for property damage. Make sure to check your state’s insurance rules for Uber drivers.
If you are injured in an accident involving an Uber driver, the insurance is often your first way to recover damages. You can file a claim against the driver’s insurance or Uber’s insurance depending on the situation.
You Can Sue Uber in Some Situations
While suing Uber can be difficult because of the independent contractor status of drivers, it is not impossible. You may have a case against Uber if you can prove that Uber was negligent or responsible in some way for the accident.
One common situation is when Uber fails to properly screen its drivers. For example, if a driver had a dangerous history that Uber ignored, and that driver caused your accident, Uber could be held liable.
Another case is when Uber itself did something wrong that led to the accident. For instance, if a defect in Uber’s app or system caused confusion or distracted the driver, this might create liability for Uber.
Finally, if the accident happened while the driver was working under Uber’s instructions or during activities Uber controls closely, a court might find Uber responsible.
It’s important to gather evidence like police reports, witness statements, and Uber ride data to support your claim. An attorney can help determine if you can sue Uber or just the driver.
What to Do If Your Car Was Hit by an Uber
If your car was hit by an Uber driver, the first step is to collect information. Get the driver’s name, Uber’s insurance details, and the police report. Take pictures of the accident scene and any damages.
Next, report the accident to your insurance company. They can also help you file a claim with Uber’s insurance if the Uber driver was at fault.
If you were injured or suffered serious damages, it is a good idea to talk with a personal injury lawyer who knows how to handle rideshare accident cases. They can explain your rights and options and help you get the compensation you deserve.
Know Your Rights After an Uber Accident
Suing Uber after a car accident is not always easy because of how their drivers work. But Uber does have insurance to protect both drivers and people injured in crashes. You might be able to sue Uber if they were careless or if their actions led to the accident.
If you were hit by an Uber driver, don’t wait. Get the facts, file a claim, and consider reaching out to a lawyer to protect your rights. The right help can make a big difference in your case.
Call today to speak with an accident lawyer who can help you understand your options and fight for your compensation.
