If I Am Hit by an Uber Driver, Whom Can I Sue?

by Vikas Bajaj

When you are hit by an Uber driver, whether as another driver, a pedestrian, a cyclist, or in any other capacity, then you are entitled to compensation for the damages that you have suffered as a result of their behavior. However, determining how to file, who to file against, and how to get the money that you rightfully deserve can be complicated – especially when you are in the early days or weeks of trying to recover from serious injuries. Working with an attorney who has a lot of experience taking on Uber insurance policies is one of the best ways to get the emotional space that you need to get your life back on track while being confident in the work being done for your financial needs.

Uber drivers are filed as contractors, not employees, meaning that the insurance coverage that they use depends on a range of factors that we will discuss in greater detail below. One of the most important things to remember is that an Uber driver is only covered by Uber’s insurance when they are actively using the Uber app; otherwise, they are simply a private individual with a private insurance policy, and not considered an Uber driver at all.

Contact The Law Office of Vikas Bajaj, APC For a Free Consultation About Your Uber Accident Today

Whether or not you have a clear understanding of who is responsible for your accident and which insurance policy to file a claim with, it is additionally difficult to get the money that you rightfully deserve. Remember that no matter how helpful or pleasant the insurance agent assigned to your case may be, their main goal is to limit the amount of money that you ultimately receive in the settlement so that they can save money for their employer. Insurance companies have a near-singular focus of paying as little as possible for any given claim, and yours is no exception. 

Contact The Law Office of Vikas Bajaj, APC today to speak with an experienced Uber accident attorney about your situation, and how our law firm can help. You do not deserve to take on the financial burden of this accident, but in order to get compensated for all impacts of this crash, you will need to go through an in-depth fact-finding process before negotiating aggressively for a settlement agreement. We can take on this process for you, so that you can focus on your recovery without the additional stress of your personal injury case.

Which Insurance Policy Is Covering Your Uber Accident?

There are a few distinctions that need to be made in order to determine which insurance policy you can file your accident claim against: namely, that Uber drivers are legally considered to have no associated with Uber Technologies, Inc. unless they are actively working for Uber. This is because Uber drivers are categorized as independent contractors who are simply using the Uber platform to connect with people looking for a ride. Take a look at the following scenarios to understand more about how Uber insurance policies work.

When a Driver Is Not Using the Uber App At All

When a driver has not pressed “GO” in the Uber app, meaning that they are neither looking for a fare or actively working with a passenger, then they have no legal affiliation with Uber Technologies, Inc., and are solely covered by their own personal insurance policy. In some instances, a driver may have livery plates on their vehicle and could have a commercial insurance policy protecting them individually, but regardless of the type of insurance coverage they have, you will file with their policy – not Uber’s. 

When a Driver Is Waiting For a Ride Request

Once a driver has hit “GO” in the Uber app and is waiting for a ride request, Uber covers them with a limited policy that only kicks in after their policy limits have been met, or if their personal auto insurance does not apply. What this means is that the first step for recovering compensation means filing a claim with the personal insurance, going through the investigation and negotiation process, and then determining whether or not we will need to tap into this additional coverage. Uber’s partial policy includes:

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

When a Driver Is En Route To a Rider, and During a Trip

Once a driver has accepted a fare, they are fully covered by a comprehensive Uber insurance policy, meaning that you will not need to go through their personal insurance at all. Per the Uber website:

Uber maintains the following auto insurance on your behalf in case of a covered accident:

• $1,000,000 third-party liability
• Uninsured/underinsured motorist bodily injury
• Contingent comprehensive and collision³
• Up to actual cash value of the car ($1,000 deductible)

While it is certainly ideal to seek compensation from a single insurance policy instead of needing to handle two separate claims, it is also important to remember that this commercial insurance policy is issued by a company who has considered the financial risks of taking on this type of liability and will do everything in their power to pay you as little as possible – regardless of the policy limits.

The Importance of Working With an Uber Accident Lawyer

If you have been in an accident with an Uber driver and need to file an insurance claim, it will always be a good idea to partner with an experienced Uber accident attorney who can help you through this process. If you work directly with the insurance company, they will take advantage of your compromised situation in an attempt to apply additional pressure to you and convince you to settle for much less than you deserve. While you are trying to recover from injuries and get your life back on track, you should not need to take on the additional stress of negotiating with an insurance agent.