Car crashes are a fact of American life. When the worst happens, it’s crucial to know what to do so that you’re not left paying out of your own pocket because of someone else's negligence. Per the National Highway Traffic Safety Administration (NHTSA), there’s a crash on average every 13 minutes.
If you’re in your own car, you file a personal injury claim or lawsuit and let your car accident attorney do the rest. But what happens if you’re a passenger in an Uber or other ridesharing service? An experienced Austin rideshare accident lawyer can help you understand your rights and pursue compensation.
In this guide, we’ll go through exactly what happens if your Uber gets into an accident and what it means for you.
Key Takeaways
- Victims of ridesharing accidents are entitled to claim compensation if they’re involved in an accident that wasn’t their fault.
- You may claim through Uber’s liability coverage or the driver’s personal auto insurance policy, depending on the accident.
- You’re required to report your accident to Uber directly, either through the app or the website. Present your evidence, and Uber will investigate your claim.
- Following an accident, seek medical attention immediately, call law enforcement, and gather as much evidence as possible from the scene. Enlist an attorney at the earliest opportunity to begin preparing your claim.
- Ridesharing claims can be complicated due to multi-party liability, vicarious liability, and the extent of Uber’s coverage. That’s why these tend to be more complex than ordinary car accident claims, making the services of an experienced car accident attorney invaluable.
What Happens if Your Uber is in an Accident?
Following an Uber accident, you can claim compensation if someone else is at fault. The rules and your legal rights don’t change just because you were a passenger in an Uber rather than driving your own vehicle.
Although it may seem unlikely, rideshare drivers do get into accidents. According to the Journal of Safety Research, a third of rideshare drivers said they had been involved in a crash while on the job.
If your Uber crashes, gathering evidence and seeking legal advice on what happens next is vital. Uber has its own coverage in place, meaning you won’t necessarily claim through the at-fault driver’s insurance but the rideshare giant’s corporate coverage.
Can You Sue if You Get Into an Accident in an Uber?
Injured parties can sue Uber if they get into an accident. Whether you file a personal injury lawsuit against the company depends on the circumstances of your accident. Generally, injured passengers are unlikely to sue Uber as the company’s liability coverage has a high limit of $1,500,000, which covers the vast majority of accidents.
If you’re a passenger, you would file a claim with Uber itself, not the driver. On the other hand, if you were involved in an accident with an Uber driver without being a passenger, the situation would change. What happens depends on whether the driver is on or off the clock.
If the driver was off the clock, as in they had no passenger and weren’t driving to pick up a passenger, Uber’s coverage wouldn’t apply, and you would file a claim against the driver. If the driver was on the clock, Uber’s liability policy should cover you.
How Much Will I Get from the Uber Settlement?
How much you receive from your Uber settlement depends on the circumstances of your accident. Just because you decide to file a claim with Uber doesn’t mean you’re entitled to any less than if you claimed through the driver’s personal insurance policy.
Elements that figure into how much you could get from an Uber settlement include:
- Liability
- The extent of your injuries
- Property damage
- Long-term implications
It’s impossible to say how much your accident could be worth, as every accident is unique. However, Consumer Shield reveals that the average car accident settlement in the U.S. is worth $30,416, which is an excellent starting point.
How to Claim Uber Compensation
Claiming Uber compensation begins with notifying Uber about your accident and making a claim through them. If you believe their liability coverage applies, you will file your claim via Uber through the app or the Third Parties Incident Notice page.
Here’s what the usual process of claiming Uber compensation would look like:
- Report the accident to Uber.
- Gather evidence to prove what happened.
- Consult a personal injury attorney to handle negotiations.
- If no settlement is reached, consider a formal lawsuit.
Truthfully, the process doesn’t differ much from any other car accident claim. The only difference is you might rely on Uber’s liability coverage instead of the at-fault driver’s personal liability coverage.
In all cases, it always makes sense to hire an experienced personal injury lawyer, as this is how you guarantee that your legal rights are being respected and you won’t be left out of pocket if Uber wants to play hardball.
Understanding Uber Accident Scenarios: What You Need to Know
As Uber and Lyft continue to grow, rideshare accidents are increasingly common. Understanding which accident scenarios are the most common can help you understand issues like divining liability and dealing with the legal complexities in making a claim.
Types of Uber Accidents Involving Passengers, Drivers, and Bystanders
Data from the National Safety Council illustrate that the most common accident scenarios resulting in fatalities revolve around collisions between motor vehicles, making up 43% of all deaths in 2022. Approximately 26% of deaths occurred between motor vehicles and fixed objects, followed by pedestrian incidents.
According to the National Transportation Safety Board (NTSB), rear-end collisions or fender benders are the most common accidents. These account for 950,000 injuries and nearly 2,000 deaths every year.
Let’s go through some of the most common types of Uber accidents:
- Rear-End Collisions – These collisions typically involve cars crashing when coming to a stop at traffic lights or when vehicles in front slam on the brakes and suddenly slow down.
- T-Bone Collisions – T-bones are where a vehicle slams into the side of another. They can happen anywhere, but intersections are the most common location for these to happen because of vehicles traveling in different directions.
- Frontal Collisions – Less common but often more serious, frontal collisions are precisely what they sound like. These can happen at intersections or when inexperienced drivers make a wrong turn into oncoming traffic.
- Bike Collisions – The IIHS found that 1,084 bicyclists died in 2022, an 8% increase since 1975. Cyclists and motorcyclists are naturally less protected in accidents and many rideshare drivers simply aren’t looking out for them.
- Pedestrian Collisions – Pedestrian accidents mainly occur when vehicles mount the sidewalk or pedestrians attempt to cross busy roads at inappropriate times or crossing points. National Public Radio reported in 2023 that pedestrian deaths had reached a 40-year high.
Regardless of the scenario, you can seek a fair settlement for economic and non-economic losses if you're injured in an accident. Speak to an attorney to learn more about your legal rights.
The Importance of Knowing Your Rights as an Uber Passenger
Knowing your rights as an Uber passenger lets you claim compensation if you’re involved in an accident. Rideshare passengers often don’t know their legal rights or what to do if they’re involved in an accident with an Uber, either as a passenger or bystander.
Crucially, you must familiarize yourself with when you can claim and who you make your claim against. The easiest way to handle the situation is to seek legal counsel through a specialist in these types of claims.
Gathering Critical Information After an Uber Accident
Proving your claim means gathering as much information as possible about what happened. All claims are made based on merit and require a mountain of evidence to prove that someone else was at fault, that you suffered injuries as a result and the extent of the damages caused.
Much of this information can be gathered at the scene of the accident. The moments after your Uber collision is the best time to build your case.
What Information You Should Exchange With Other Parties
By law, all states require you to exchange information with all involved parties. Failing to exchange information means committing a hit-and-run offense, which could result in punishments ranging from fines to jail time and a criminal record.
Information you’re required to share includes:
- Insurance information
- Contact details
- License plate numbers
Always call 911 after an Uber accident and wait until the police arrive. If a driver refuses to share their information, report it to the police and allow them to handle it.
Documenting the Scene: Photos and Notes
Use your time at the accident scene to collect vital evidence. Everyone has a smartphone, giving you a prime opportunity to take photos and videos of the scene. Focus on gathering evidence of vehicular damage, visible injuries, road signs, and road conditions.
It doesn’t have to be worthy of National Geographic. Any evidence you gather can be used to support your claim. Furthermore, if the attending officer incorrectly fills out a crash report, this evidence can prove crucial in rectifying any errors.
Importance of Gathering Witness Statements
Witness statements are another form of evidence to support your claim. If any eyewitnesses saw what happened, ask them to provide their details. Feel free to write down or record what they say using your cell phone. Ensure they provide their contact details so your lawyer can follow up with them later.
Note that eyewitnesses aren’t required to cooperate or provide their contact details. It’s their right, so if you can’t convince them to help, move on to the next eyewitness.
The Medical Perspective: Seeking Immediate Help
Many car accident victims walk away feeling okay, but that doesn’t eliminate the potential for hidden injuries. Your body’s fight or flight mode kicks in immediately after trauma, with many injuries not showing symptoms until after your adrenaline dissipates. Seeking immediate treatment is a precautionary measure that could save your life.
Don’t underestimate the chances of suffering serious injuries. According to the U.S. Centers for Disease Control (CDC), 2.6 million emergency visits occur annually due to car accidents.
Recognizing the Importance of Medical Attention Post-Accident
Serious injuries may not be immediately apparent. Typically, hidden injuries include traumatic brain injuries and internal damage, including organ ruptures and internal bleeding. If not addressed quickly, you could sustain permanent damage or even death.
Another reason to seek medical attention is to gain documentary evidence of your injuries. Routine examinations demonstrate your commitment to your health and show the full extent of your injuries.
For example, it’s not uncommon for defense lawyers to argue that a victim’s injuries couldn’t have been as significant as claimed because they didn’t see a doctor after an accident.
Understanding Hidden Injuries: Why You Shouldn’t Delay Care
Most people associate injuries with visible cuts and bruises. However, these are rarely the most serious injuries. Hidden injuries are often the most sinister because their symptoms may not appear for a few hours or a few days until after the accident. Without prompt medical treatment, you could be risking your life.
Some of the most common hidden injuries include:
- Soft tissue damage
- Internal injuries
- Head injuries
- Psychological injuries
If you choose not to seek medical help, you’re potentially opening yourself up to long-term complications, including chronic pain and a reduced life expectancy. Moreover, going straight home without seeing a doctor will damage your Uber claim.
How to Document Medical Treatment for Insurance Claims
Medical documentation consists of reports, records, and other documents that account for an accident victim’s injuries, the treatment they received, and any ongoing care needs. It establishes causation and damages and supports your account of the Uber accident.
Keep every piece of paper you come across, and don’t be afraid to ask your doctor for further accounts and expert opinions about your condition. If necessary, ask your attorney to intervene. The most critical pieces of documentation include:
- Medical records
- Diagnostic test results
- Treatment plans
- Progress notes
- Expert opinions
And don’t forget to keep receipts for any medical expenses you’ve had to cover upfront. Receipts and invoices support claims for economic damages.
Dealing With Insurance: Navigating Claims After an Uber Accident
Your insurance company should still be informed if you were involved in a car accident, as they can often work with the rideshare driver’s insurance or Uber to achieve a fair settlement on your behalf. In terms of dealing with insurance, the chances are you won’t have to deal with the insurance company at all. Instead, if you’re a passenger, you’ll be dealing with Uber themselves.
However, the same rules of engagement apply to dealing with Uber as you would with an auto insurer:
- Never agree to give a recorded statement.
- Don’t speculate on the cause of the accident.
- Never apologize or admit any fault.
- Negotiate and don’t settle.
- Work with a lawyer to deal with any bad faith tactics an insurance adjuster might employ.
Uber is no different from an auto insurer in terms of claims. They’re there to protect their bottom line, not to look after you.
Key Differences Between Personal and Rideshare Insurance Policies
Personal insurance policies are the standard auto insurance policies every driver must possess by law. In contrast, rideshare insurance is a type of commercial insurance policy designed for rideshare drivers. Rideshare insurance fills the gap between Uber’s own liability coverage and the driver’s personal insurance policy.
The key differences between the two include:
- Personal policies don’t cover rideshare accidents because they are commercial activities.
- Liability limits differ, with rideshare insurance providing greater coverage.
- Rideshare insurance has higher premiums because of the increased risk.
- Deductibles may also differ because of the higher risk of rideshare insurance.
- Medical expense coverage is usually higher on rideshare policies and may cover both driver and passenger.
In short, personal auto insurance policies and Uber’s liability coverage leave significant coverage gaps, which is where rideshare insurance comes into play. Rideshare drivers rely on all three to be fully covered.
Reporting the Accident to Uber
Reporting the accident to Uber is simple enough. Notify Uber that an accident has occurred through the app or their website. You’ll be asked to provide the driver's name, vehicle description, and license plate number. All of this information is already contained within your app if you were a passenger at the time.
Reporting your accident to Uber triggers the investigation process, and from there, it’s a matter of proving your claim. We also recommend hiring an attorney at this early stage to ensure your legal rights are protected.
When and How to Refuse Early Settlement Offers
Early settlement offers are rarely sufficient and are designed to get you to settle for less than your claim is worth. Companies like Uber take advantage of the fact injured parties often don’t know how much their claim is worth.
So, when should you refuse an early settlement offer?
- Your medical treatment is incomplete.
- You don’t know the full extent of your injuries.
- You have substantial pain and suffering.
- You are concerned about loss of income.
- Uber’s initial offer is low.
Regarding how to refuse early settlement offers, this is where an attorney proves their worth. They’ll calculate the actual value of your claim, draft a rejection letter outlining the reasons, and then send a counteroffer with additional evidence.
Refusing early settlement offers will slow the process of getting your compensation down, but it’s always better to wait and maximize your claim. Once you agree to a settlement, you can’t make a second claim later.
Common Misconceptions About Uber Accidents and Liability
Countless myths exist regarding Uber accidents, insurance, liability, and what it means for injured parties. Too many people believe these claims, which results in people believing they’re not entitled to compensation.
Here are some of the most popular myths about Uber accidents:
- Rideshare Companies are Always Liable – Rideshare companies are only liable for accidents when they’re within the terms of their policies. For example, they can’t be held liable if an Uber driver had an accident and they weren’t on the clock at the time.
- You Can’t File a Lawsuit – Uber may have its own liability coverage. However, if it refuses to pay out or fails to offer sufficient compensation, you can still file a lawsuit against Uber’s insurance company.
- Rideshare Drivers Have No Insurance – All rideshare companies, including Uber, require drivers to carry and maintain an insurance policy that meets your state’s minimum requirements.
- Uber’s Coverage Means a Huge Settlement – Figures of $1 million and upward may make you think you’re entitled to an enormous settlement. However, this is just the maximum and doesn’t mean you’ll get a higher settlement through Uber than a non-rideshare-related accident.
- Uber is Always Liable – Uber is only liable for damages if the driver is on the clock. Your coverage depends on what the driver is doing at the time, such as if they’re logged in or carrying a passenger.
Can Uber Be Held Liable for Driver Negligence?
In some cases, Uber may be held liable for driver negligence, but it’s tough to prove, so successful lawsuits against Uber for driver negligence are rare.
Although Uber possesses commercial liability policies for every driver, Uber’s terms and conditions contain a limitation of liability clause. The company is required to ensure its drivers and vehicles are safe, but drivers are also hired as independent contractors, meaning it’s difficult to prove Uber is directly responsible for a driver’s negligence.
Recent court cases addressing the issue have resulted mainly in the courts siding with Uber.
Understanding the Concept of Vicarious Liability in Rideshare Accidents
Vicarious liability means that employers can be held responsible for the negligent acts of their employees. In some cases, Uber could be liable if a rideshare driver is negligent while working. However, it’s not that simple.
Uber classifies its drivers as independent contractors, complicating the legal landscape and the concept of vicarious liability. The distinction means that it doesn’t apply in the traditional manner, and various clauses in Uber’s liability policy provide a shield against vicarious liability.
Cases against Uber have attempted to exploit the concept of vicarious liability, but these cases have rarely succeeded.
Building a Strong Case After an Uber Accident
Following your Uber accident, it’s critical to establish a clear timeline of events to support your case. We briefly touched upon the need to gather evidence from the accident scene, but proper legal representation will enable you to gather even more proof of liability and put everything together.
Examples of evidence used to build personal injury cases include:
- Medical reports
- Photos
- Videos
- Police accident reports
- Dashcam footage
- Surveillance footage
- Eyewitness statements
Moreover, your lawyer can work with accident reconstructionists to create a visual representation of what happened before, during, and after the impact. Additionally, your attorney will work with your medical team to understand your injuries and assemble a list of damages for a total dollar figure.
Both economic and non-economic damages come into play, with losses including:
- Medical expenses
- Future care needs
- Lost wages
- Property damage
- Pain and suffering
Throughout the case-building stage, it’s critical to stay in touch with your lawyer and respond to requests promptly. Allow your lawyer to handle negotiations with Uber and focus on your recovery.
How Rideshare Accident Claims Differ from Regular Car Accident Claims
Regular car accident claims are relatively straightforward. You file a claim with the at-fault driver’s insurance company or your own if you live in a no-fault state. Ridesharing claims are more complex because there are potentially multiple defendants, and liability coverage changes depending on what the driver was doing at the time.
The issue with an Uber accident claim is who you file a claim against depends on the driver’s status when the accident occurred. If they were logged into the app and driving to pick up a passenger or take a passenger to their destination, they were on the clock so that you could use Uber’s liability coverage. However, you’ll have to claim with the driver’s non-Uber insurance policies if they weren't logged in.
There can also be other complexities regarding the investigation. For example, you’ll need to access the driver’s logs, trip details, and other data held by Uber to analyze the driver’s status and how it impacts potential liability.
When to Hire a Lawyer for an Uber or Lyft Accident Case
We always recommend hiring a lawyer if you file a claim against Uber, Lyft, or any other rideshare company. Working with a lawyer takes the stress and strain away from fighting your corner and asserting your legal rights when trying to deal with the trauma of a car accident.
According to Nolo, car accident claimants received three to four times more compensation than plaintiffs who decided to proceed without legal representation. To conclude, hiring a lawyer should be a standard part of the process and should be done as soon as possible.
Understanding the Legal Responsibilities of Rideshare Companies
All rideshare companies are legally obligated to ensure their drivers and vehicles are safe to carry passengers. It’s their job to provide a safe service at all times, but as obvious as this sounds, how it works in practice works differently.
Uber carries a liability policy that covers all drivers and passengers. Although Uber carries out checks to ensure drivers meet minimum standards, there’s no regular oversight, meaning drivers may not always comply with their duty of care, whether through reckless driving or failure to maintain their vehicles.
Unfortunately, the status of rideshare drivers as independent contractors and recent legal cases have left ridesharing companies in a relatively grey area regarding their liability and when they can be sued.
Proving Uber or any other rideshare company is directly liable for the actions of their drivers is enormously complex, and many of the standard terms and conditions within their use policies are set up in such a way as to protect them against liability.
How Comparative Fault Laws Affect Uber and Lyft Accident Claims
Comparative fault laws translate to divided liability and may reduce your final settlement if you’re found to be partially at fault. Not all states have these in place, but those that do typically have a bar that prevents you from claiming compensation if you’re more than a certain percentage at fault.
For example, Texas law has the 51% Bar Rule. Under this law, any claimant who’s 51% or more responsible for an accident is no longer entitled to claim financial compensation.
These laws apply to all personal injury claims and don’t change regarding rideshare claims. However, Uber can use them to its advantage and limit its liability. For example, they may argue that a passenger distracted the driver by talking to them or being excessively noisy.
Under these laws, if you’re found to be partially at fault, your award will be reduced by the relevant amount. For example, if you’re 20% at fault, your settlement will be reduced by 20%.
The Role of Arbitration Agreements in Rideshare Lawsuits
Mandatory arbitration agreements have recently become a source of great controversy, as many accident victims have found. Major ridesharing companies like Uber include mandatory arbitration agreements in their terms of use, requiring disputes to be resolved through arbitration instead of litigation.
Here are the key points to remember about these agreements:
- They are mandatory.
- Disputes must be handled individually (which prevents class action lawsuits).
- Arbitration doesn’t allow for the same extensive discovery as court litigation.
- A neutral arbitrator is appointed, and their decisions are binding.
Uber has been sued several times regarding these arbitration agreements. Yet even as recently as 2024, judges have usually ruled in Uber’s favor. Unfortunately, all users must agree to arbitration as a condition to use the platform.
Legal Steps to Take if Uber or Lyft Denies Your Claim
Seeing your claim denied can be frustrating, but that doesn’t mean the end of the process. You and your legal team can still take steps to challenge the decision and receive the compensation you deserve.
Here’s what to do:
- Read your denial letter to find out why they have denied your claim.
- Gather additional evidence to address the points contained within the denial letter directly.
- File a formal appeal against the rideshare company’s insurer.
- Consider alternative dispute resolution, such as mediation or arbitration.
- File a formal personal injury lawsuit against the at-fault Uber or Lyft driver or the rideshare company themselves.
Your legal counsel will inform you which options make the most sense and the chances of success.
Understanding the Statute of Limitations for Rideshare Accident Claims
Rideshare accident claims are types of personal injury claims, meaning the same statute of limitations applies. The statute of limitations is how long you have to file a lawsuit for a particular incident. In all states, the clock begins running from the day of your accident.
Each state determines what its statute of limitations is. For example, Texas has a statute of limitations on personal injury claims of just two years. It underpins the importance of taking action immediately because if the clock runs out, you lose your ability to sue.
What Happens If Multiple Parties Are Liable in an Uber Crash?
All parties that contributed to an accident may be subject to a lawsuit. Legal proceedings can become protracted when multiple parties are involved, as the courts must decide precisely how much each party contributed to your crash.
Examples of parties that could be liable for an Uber accident include:
- Your Uber driver
- Uber
- Other drivers
- Pedestrians
- Cyclists
- Local municipality
Enlist your attorney to identify who may be responsible for your accident. Filing a claim against each party is essential for holding them accountable and maximizing your settlement.
Can You File a Lawsuit If Uber’s Insurance Coverage Doesn’t Cover Your Injuries?
Uber’s insurance coverage is worth seven figures, but catastrophic accidents could involve multi-million-dollar lawsuits. If this happens, you still have options if your claim surpasses Uber’s insurance coverage.
The next step is to seek legal assistance to file a claim against the Uber driver. Some cases may also include Uber as a defendant, depending on your state’s laws and the exact circumstances of your accident.
What to Do If Uber or Lyft Deactivates a Driver After an Accident
Rideshare companies may choose to deactivate a driver after an accident. Despite no longer working for the platform, it doesn’t absolve the driver of their legal responsibilities. Furthermore, it doesn’t change the fact that the accident still occurred while the driver was working on the platform.
Liability and the rideshare company’s insurance coverage don’t change if the driver is deactivated from the platform or chooses to leave the platform voluntarily.
Uber Accidents FAQs
Is Uber liable for its drivers?
Uber is only partially liable for its drivers due to its third party liability clauses and the fact that drivers are classified as independent contractors, not employees. This distinction complicates the issue of vicarious liability, making it difficult to sue Uber directly.
How does Uber deal with liability?
Uber’s liability coverage depends on the driver’s status at the time of your motor vehicle accident. Coverage differs depending on whether the driver was logged into the app, responding to a ride request from a passenger, or carrying a passenger. That’s why all its drivers must also carry personal auto insurance coverage.
How long does Uber take to settle?
Uber settlements can take anywhere from a few weeks to a year or more. The severity of your injuries, Uber’s cooperation, and whether your case has to go to a trial will influence how long it takes to work out your case.
