Can You Sue Uber After an Accident? Here’s What the Law Says
After a rideshare accident, many victims ask the same question: “Can I sue Uber?” The short answer is yes, but with some legal complications. Since Uber drivers are considered independent contractors, holding the company liable isn’t always straightforward. In this blog, our experienced Uber accident lawyers break down when you can sue Uber, what the law says, and how to protect your rights.
Understanding Uber’s Driver Classification
Uber classifies its drivers as independent contractors, not employees. This distinction is important because it affects how liability is determined. Under most laws, employers are responsible for their employees’ actions—but not necessarily for independent contractors.
That means:
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If the Uber driver caused the accident, Uber may argue that they’re not liable since the driver is not a direct employee.
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However, Uber may still be held accountable under certain legal conditions, especially if the accident occurred while the driver was actively working.
When You Can Sue Uber Directly
There are specific situations where victims may be able to sue Uber itself:
1. Negligent Hiring or Retention
If Uber failed to conduct proper background checks or allowed a known dangerous driver to remain active on the platform, they could be held responsible.
2. Faulty App Features or System Errors
If Uber’s technology (such as a GPS glitch or app distraction) contributed to the accident, the company could face liability.
3. Violation of Local Transportation Laws
If Uber violated local safety regulations or failed to comply with licensing requirements, that could strengthen your case against them.
4. Inadequate Insurance Coverage or Misrepresentation
If Uber’s advertised insurance policies don’t match reality or if they fail to properly inform passengers of their rights, that could open the door to a claim.
Who Can File a Lawsuit Against Uber?
You may be eligible to sue Uber if you are:
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A passenger injured during an Uber ride
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A pedestrian or cyclist struck by an Uber vehicle
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A driver or passenger in another vehicle hit by an Uber driver
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An Uber driver involved in an accident while working
What You Can Sue Uber For
If you’re able to sue Uber, your lawsuit may include compensation for:
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Medical expenses (current and future)
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Lost wages and reduced earning potential
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Pain and suffering
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Emotional distress
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Property damage
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Wrongful death (if a loved one was killed in an Uber-related crash)
Limitations and Legal Hurdles
Even if Uber played a role in the accident, the company’s terms of service often include arbitration clauses, which may limit your right to sue in court. These clauses can require you to resolve disputes privately through arbitration, which is less favorable for victims.
But don’t lose hope—Uber accident lawyers can challenge these clauses under certain conditions, especially if fraud or gross negligence is involved.
How Uber’s Insurance Factors Into Your Claim
Uber provides tiered insurance coverage based on the driver’s status:
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Offline: Uber provides no coverage—only the driver’s personal insurance applies.
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App On, No Ride Accepted: Uber offers limited liability coverage.
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Ride Accepted or Passenger Onboard: Uber provides $1 million in liability coverage, along with uninsured/underinsured motorist protection.
Your ability to sue—and your compensation—may be tied to which of these periods the driver was in during the crash.
Why You Need an Uber Accident Lawyer
Filing a lawsuit against Uber requires legal knowledge, negotiation skills, and a deep understanding of how rideshare companies protect themselves. An experienced Uber accident lawyer can:
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Determine if you have a case against Uber
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Help bypass arbitration agreements (if possible)
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Handle negotiations with Uber’s legal team or insurers
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Build a compelling case with evidence, expert witnesses, and more
Conclusion
Yes, you can sue Uber after an accident—but it’s not always easy. From driver classification to arbitration clauses and insurance barriers, Uber has many legal protections in place. That’s why it’s essential to work with an experienced Uber accident lawyer who understands the system and knows how to fight back.
Need help with your Uber accident case? Contact our team for a free consultation today.