Can You Sue Uber if You Crash?

Yes, you can potentially sue Uber if you crash, but more often, you’d file a claim against Uber’s insurance policy. Uber carries a $1 million policy that may cover injuries and damages if the driver is logged into the app and actively working. 

Whether you were a passenger, pedestrian, or in another vehicle, you may have a claim through this policy. However, it doesn’t always apply, and the legal process can get complicated. If you have been in an Uber accident, it’s important to speak with Charleston Uber accident lawyers to review your options.

Who Is Liable in an Uber Accident?

Liability in an Uber accident is determined by who caused the crash and whether the Uber driver was working at the time. Uber drivers are contractors, not employees, so Uber’s insurance doesn’t automatically apply. 

If the Uber driver caused the accident while logged into the app, Uber’s insurance may cover your damages. If another driver caused the crash, their insurance is normally responsible. Sometimes, multiple drivers share fault, which can affect how claims are handled. 

The timing of the crash also matters, as well as the actions of the driver when the accident occurred. Understanding these details is important when filing a claim. Our team can sort through the facts and determine which insurance coverage applies to your situation.

What if You Are a Passenger in an Uber During an Accident?

As a passenger, you’re rarely at fault for an accident, which makes it easier to seek compensation. If your Uber driver caused the crash, you are likely covered by Uber’s insurance, which can include up to $1 million for injuries. 

That’s because the Uber driver was in the process of performing their job duties during the accident. They were, or should have been, logged into their app in order to transport a passenger. 

You can sue Uber for a crash or file a claim to cover medical bills, missed work, and other losses. Like any car accident, it is important to gather details about the ride, take photos if possible, and get medical care right away. 

Who Is Responsible if an Uber Driver Hits Your Car?

Rideshare accidents are common, but because their drivers are contractors, Uber has limited control over their actions and protection from liability. Whether Uber’s insurance applies depends on whether the driver was using the app at the time of the accident.

• If the driver wasn’t logged in, their personal insurance applies. This makes your case similar to any other car accident. 
• If the Uber driver was waiting for a customer, Uber provides limited insurance coverage.
• If the driver was picking someone up or had a passenger, Uber’s $1 million policy might apply.

Accident cases involving rideshare operators can get complicated in a hurry. A knowledgeable attorney can unravel the circumstances surrounding the accident and determine who is liable for your damages. 

Can You Sue the Uber Driver for a Crash?

Yes, you can sue an Uber driver if they caused the accident and you were hurt or suffered losses. Whether you were a passenger, a pedestrian, or in another car, you have the right to hold the at-fault driver responsible. 

However, in many cases, the driver’s personal insurance will cover your damages. Insurance companies often settle these types of claims out of court. A lawsuit may be necessary if the insurance companies don’t offer fair compensation or if they deny your claim.

What if You Are Partly Responsible for an Uber Accident?

In South Carolina, you can still sue Uber for a crash even if you’re partly at fault, as long as you are less than 51% responsible. This is called modified comparative negligence, and it is outlined in S.C. Code § 15-38-15. 

Under modified comparative negligence, your percentage of fault reduces your compensation. 

For example, if you’re 30% at fault and your damages total $10,000, you could still recover $7,000. 

Insurance companies often try to shift more blame onto injured people to reduce payouts, so it’s important to be careful when discussing the accident. Your attorney can offer advice on how to protect your information so you get the award you need to recover from your Uber accident. 

Don’t Handle Your Uber Crash Alone

You can sue Uber if you crash, but in most cases, you will file a claim with their insurance provider. Uber often avoids liability by classifying drivers as independent contractors, and suing them directly can be tough. 

It’s important to get help from an attorney so you understand what you’re up against. Our team at Hopkins Law Firm can let you know if you have a personal injury case and help you choose the best path forward.

We’ve recovered more than $100 million for people injured in accidents in South Carolina. Don’t Delay, call Clay.

Get your free case review today and discuss your Uber accident. Our team is ready to hear your story.