Getting injured in an Uber accident raises an immediate question: who’s responsible for your medical bills, lost wages, and pain and suffering? It’s not always straightforward. You might think you can sue Uber directly, but that depends on several factors. What was the driver doing when the crash happened? Were they logged into the app? These details matter more than you’d expect. Uber treats its drivers as independent contractors. They’re not employees. This distinction isn’t just corporate jargon, it directly affects who you can hold liable for your injuries and where your compensation comes from.
When You Can Sue Uber Directly
You can typically go after Uber in these situations:
- The app was on, and the driver was transporting you or heading to pick you up
- Uber’s negligence in screening the driver played a role in what happened
- A malfunction in the Uber app distracted the driver
- Uber didn’t maintain the insurance coverage they’re required to carry
Here’s what really matters. During an active ride, Uber provides up to $1 million in liability coverage. That’s substantial. This policy covers injuries to passengers, other drivers, and pedestrians when their driver causes an accident. In most cases, you’re making a claim against Uber’s insurance rather than dragging the company itself into court. A Santa Monica Uber Accident Lawyer can review your case and tell you whether you’re dealing with Uber’s direct liability or their insurance coverage.
When You Sue the Driver Instead
If the Uber app was off? You’re dealing with the driver’s personal insurance. Uber doesn’t provide any coverage when drivers aren’t logged into the app or accepting ride requests. In these situations, you’d file a claim against whatever personal auto insurance policy the driver carries. The driver might’ve been running errands or heading home, which means Uber has zero involvement in your claim. This happens more often than most passengers realize.
The Role of Third-Party Drivers
Sometimes the accident wasn’t your Uber driver’s fault at all. Another driver caused it. You’d typically file a claim against that person’s insurance company. But you’re not necessarily out of options if they don’t have enough coverage. Uber’s underinsured or uninsured motorist coverage might still apply to your situation.
What About Uber’s Background Check Process
Did Uber fail to properly screen a driver who had a dangerous driving record or other warning signs? You might have grounds to sue the company for negligent hiring. These cases are tougher to prove, but they can result in direct liability for Uber that goes beyond just their insurance coverage. California law requires rideshare companies to conduct background checks. Whether those checks are thorough enough is another question entirely.
Insurance Coverage Phases Matter
Uber’s insurance works in phases, and understanding them is important. App off? The driver’s personal insurance applies. Logged in but waiting for a ride request? Uber provides limited liability coverage. During an active trip with you in the car? The full $1 million coverage kicks in. The phase applied during your accident determines your legal options. It also affects how much compensation you can potentially recover.
Building Your Case Against Uber or the Driver
You’ll need solid evidence. Don’t rely on memory alone.
- Photos from the accident scene
- Medical records documenting your injuries
- The police report
- Witness statements
- Proof that the driver was logged into the Uber app
Your Santa Monica Uber Accident Lawyer will gather this evidence and figure out the best path forward. Every case is different, and the details of yours will shape the strategy.
Why Legal Representation Matters
Rideshare companies have legal teams whose job is to minimize what they pay out. They’ll look for any reason to deny coverage or shift blame somewhere else. That’s just how it works. Having someone on your side who knows California rideshare laws and insurance regulations changes everything. You’re not fighting this battle alone anymore. Choulos & Tsoi Law Firm handles rideshare accident cases regularly. We know how to identify all available sources of compensation, not just the obvious ones. We’ll review what happened in your accident, determine who’s liable, and fight for the full compensation you deserve. You shouldn’t have to pay for someone else’s mistake.
