Can You Sue Uber After an Accident? Everything You Need to Know to Protect Your Legal Rights | Bert McDowell Injury Law | Bert McDowell Injury Law

Can You Sue Uber After an Accident? Everything You Need to Know to Protect Your Legal Rights

can you sue uber after an accident

Can You Sue Uber After an Accident? Your Complete Legal Guide

Estimated reading time: 15 minutes

Key Takeaways

  • Understanding Uber’s driver classification is essential for determining liability in accidents.
  • Uber’s insurance coverage depends on the driver’s status: app off, app on waiting, or during a ride.
  • You can sue Uber after an accident, but success depends on specific circumstances.
  • Taking immediate action after an accident is critical for your potential case.
  • Connecticut has specific laws affecting rideshare accident claims.

In the age of smartphone convenience, rideshare services have transformed how we get around. But what happens when your Uber ride ends in a crash? Can you sue Uber after an accident? This question has become increasingly relevant as these services expand and, unfortunately, as accidents involving them become more common.

The statistics are sobering. Uber reported more than 101 fatal crashes involving its platform from 2019 to 2020 in the U.S. alone, resulting in 107 total deaths. Behind each number lies a story of loss and, often, complex legal questions about responsibility and compensation.

Unlike traditional taxi companies, Uber and Lyft operate on a model that classifies drivers as independent contractors rather than employees. This classification creates unique hurdles for accident victims seeking compensation. The path to recovery isn’t always straightforward, but understanding your options is critical.

In this comprehensive guide, we’ll break down:

Let’s dive into the legal maze of rideshare accidents and illuminate your path forward.

 

Understanding Rideshare Liability

The foundation of any Uber accident claim hinges on understanding the company’s unique employment structure. Unlike traditional employers, Uber classifies its drivers as independent contractors, not employees. This distinction isn’t just semantic—it fundamentally shapes how liability works after an accident.

The Independent Contractor Shield

By maintaining that drivers are independent contractors, Uber attempts to distance itself from direct liability for accidents. This classification has been challenged in courts across the country, with mixed results that continue to evolve.

In many states, this classification means Uber can argue it isn’t directly responsible for a driver’s actions. Instead, they position themselves as a technology platform connecting independent service providers with customers. This legal strategy has profound implications for accident victims.

“The classification battle remains one of the most contentious issues in the gig economy,” notes legal experts who follow rideshare litigation trends. “How courts view this relationship directly impacts accident liability.”

The Three-Tier Insurance System

Uber’s liability for accidents operates on a three-tier system that depends entirely on what the driver was doing at the time of the crash:

App Off: If the driver’s app is turned off, they’re considered completely independent from Uber. The driver’s personal insurance applies, and Uber typically denies any liability.

App On (Waiting for Ride Request): When the driver is logged in but hasn’t accepted a ride, Uber provides limited liability coverage—up to $50,000 per person injured and $100,000 total per accident. This middle ground offers some protection but far less than during an active ride.

En Route or During Ride: This is when maximum coverage applies. Once a driver accepts a ride or has a passenger, Uber’s $1 million liability policy kicks in. This coverage represents your best chance at significant compensation.

Why Driver Status Matters to Your Case

Determining which of these three scenarios applies to your accident is often the first critical step in any claim. This status dictates which insurance applies and whether Uber can be held liable at all.

For passengers, this is straightforward—you’re clearly in the “active ride” category. For other motorists or pedestrians hit by an Uber driver, however, investigating the driver’s app status becomes a crucial early step in your case.

 

Can You Sue Uber After an Accident?

Let me be clear—yes, you can sue Uber after an accident, but success depends on specific circumstances. The devil, as they say, is in the details.

When Uber Can Be Held Legally Responsible

You may have a viable case against Uber if:

  1. The driver was actively working (app on) at the time of the accident
  2. Negligence can be established (either by the driver or by Uber’s policies)
  3. Your injuries and damages are documented
  4. The accident occurred during an active ride or while the driver was en route to pick up a passenger

The strongest cases typically involve passengers injured during rides or accidents where the Uber driver was clearly at fault while transporting riders.

The legal terrain for rideshare liability continues to shift. In California, for example, courts have wrestled with driver classification rules that could potentially impact Uber’s liability shield.

A significant ruling declared that California’s Proposition 22 (which allowed companies to classify drivers as independent contractors) was unconstitutional. This decision could eventually force companies like Uber to treat drivers more like employees, potentially expanding their liability for accidents.

Read more about the ruling here.

Beyond the Driver: Corporate Negligence Claims

Some cases look beyond the individual driver’s actions to Uber’s corporate policies. These claims might allege:

  • Inadequate driver screening or background checks
  • Failure to enforce safety policies
  • App design that encourages distracted driving
  • Insufficient response to known safety issues

These corporate negligence claims face steeper challenges but can sometimes bypass certain liability limitations when evidence supports them.

 

Steps to Take After a Rideshare Accident

The moments and days following a rideshare accident are critical. Taking the right actions can significantly strengthen your potential case against Uber or any other party.

Immediate Actions

Seek Medical Attention First
Your health is the priority. Even if injuries seem minor, get examined by medical professionals right away. Some serious injuries don’t show symptoms immediately, and medical records create an official documentation of your condition after the accident.

Report the Accident
Call 911 to report the accident to police. An official accident report provides critical documentation that establishes basic facts about the crash. Request a copy of this report or the report number for your records. For guidance if you were involved in a rideshare crash without a police report, here’s what to do.

Document Everything

Capture Ride Details
Take screenshots of your ride information in the app, including:

  • The driver’s name and photo
  • Vehicle details
  • Your pick-up and drop-off locations
  • The route map
  • Receipt showing time and date

This digital evidence might disappear from your app, so capturing it immediately is crucial.

Confirm Driver Status
If possible, verify whether the driver was logged into the app and what their status was (waiting for a ride, en route to pick you up, or actively transporting you). This determines which insurance coverage applies.

Gather Witness Information
Collect names and contact information from any witnesses, including other passengers. Their testimony could prove invaluable later.

Photograph Everything
Take pictures of:

  • Vehicle damage
  • The accident scene
  • Your injuries
  • Road conditions
  • Traffic signals or signs
  • Weather conditions

Report to Uber

Use the app’s “Help” section to report the accident. Uber has incident reporting features specifically for accidents and safety concerns.

Be factual but concise in your initial report. Avoid speculating about fault or making statements that could be used against you later.

Before giving recorded statements to insurance companies or accepting any settlement offers, speak with an attorney experienced in rideshare accidents. Many offer free initial consultations and can provide crucial guidance about your specific situation. Learn when to hire a rideshare lawyer.

The rideshare accident claims process has unique complexities that differ from traditional auto accidents. Having knowledgeable representation can make a substantial difference in your recovery.

 

Suing Lyft for Negligence in Connecticut

While we’ve focused primarily on Uber, the legal principles apply similarly to Lyft and other rideshare companies. Connecticut has specific laws and requirements that affect rideshare accident claims in the state.

Connecticut’s Negligence Standard

To successfully sue Lyft (or any rideshare company) for negligence in Connecticut, you must establish four key elements:

  1. Duty of Care: The driver owed you a responsibility to drive safely and follow traffic laws.
  2. Breach of Duty: The driver failed to uphold this duty through their actions or inactions.
  3. Causation: This failure directly caused your accident and injuries.
  4. Damages: You suffered actual harm (physical injuries, financial losses, etc.).

Connecticut follows a modified comparative negligence rule, meaning your compensation could be reduced by your percentage of fault—if you’re found to be more than 51% responsible, you may be barred from recovery.

Connecticut’s Rideshare Insurance Requirements

Connecticut law mandates that rideshare companies provide substantial insurance coverage when drivers are transporting passengers.

The required $1 million in liability insurance when a driver has accepted a ride or has a passenger matches Uber and Lyft’s standard policies. This requirement provides significant potential recovery for serious injuries. Learn more about rideshare accident insurance claims.