Managing Partner
Yes, you can file a claim against your Uber driver if their negligence caused your injuries. In many cases, you may also have a claim against Uber’s insurance policy, depending on what the driver was doing at the time of the crash.
What matters most is the driver’s status in the app and how the accident happened. That determines which insurance coverage applies and who may be responsible for paying your damages.
Who Is Liable After an Uber Accident?
Liability in Uber accidents is not always limited to the driver. It often depends on whether the driver was actively using the app.
Here is how it typically breaks down:
- Driver not logged into the app: The driver’s personal auto insurance applies. Uber is not involved.
- Driver logged in but waiting for a ride request: Uber provides limited primary liability coverage required under California law, including:
- $50,000 per person for injuries
- $100,000 per accident
- $30,000 for property damage
- $200,000 in additional excess liability coverage
- Driver en route to pick up a passenger or during a ride: Uber provides $1 million in primary liability coverage during this phase. California SB 371 (effective January 1, 2026) reduced uninsured and underinsured motorist (UM/UIM) coverage to $60,000 per person and $300,000 per accident.
This structure means you may have multiple avenues for recovery, including claims against the driver, Uber’s insurance, or even another at-fault driver.
Can You Sue Uber Directly?
Yes. Depending on the facts, you may be able to sue Uber directly and seek to hold the company legally responsible for injuries caused by an Uber driver. Although Uber generally characterizes its drivers as independent contractors, the law in California remains an open and developing question as to whether Uber can still be held vicariously liable when a driver is performing rideshare services through Uber’s platform.
In many cases, Uber’s insurance coverage may be sufficient to resolve the claim without needing to litigate whether Uber is directly liable for the driver’s negligence. But where the available insurance is inadequate, or where the facts support it, an injured person may be able to successfully hold Uber responsible because the driver was performing transportation services at the core of Uber’s business, for Uber’s financial benefit, and subject to Uber’s platform rules and control.
Uber may also face direct liability in certain cases involving issues such as negligent hiring or retention, failure to follow safety standards, or app-related conduct that contributed to the crash. These claims are fact-specific and should be evaluated carefully.
What Compensation Can You Recover?
If you were injured in an Uber accident, you may be entitled to compensation for:
- Medical expenses, including future treatment
- Lost income and reduced earning capacity
- Pain and suffering
- Property damage
The value of your claim depends on the severity of your injuries, the available insurance coverage, and how liability is shared among the parties involved.
Why Having an Attorney Makes a Difference
Uber accident claims are not handled like typical car accident cases. Multiple insurance policies may apply, and each insurer will look for ways to limit what they pay.
When you are dealing with a rideshare claim, we help you:
- Identify all available insurance coverage
- Determine whether Uber’s policy applies
- Gather evidence showing how the accident happened
- Handle communications with insurers
- Push back against low settlement offers
Without legal guidance, it is easy to miss coverage that could significantly affect your recovery.
What Should You Do After an Uber Accident?
If you are injured in an Uber accident, taking the right steps early can protect your claim:
- Seek medical attention right away
- Report the accident through the Uber app
- Collect contact and insurance information
- Take photos of the scene and vehicles
- Avoid giving recorded statements to insurers without guidance
These steps can make a meaningful difference in proving your case.
Talk to a Lawyer About Your Uber Accident Claim
Uber accident claims can involve overlapping insurance policies, disputed liability, and strict reporting requirements. You do not have to figure that out on your own.
If you were injured while riding in an Uber or in a crash involving one, we can review what happened, explain your options, and pursue the compensation available under the law. Contact Casper, Meadows, Schwartz & Cook to schedule a consultation and take the next step toward resolving your claim.