Can You Sue Uber if You Get Injured in an Accident?

Mar 24, 2022 | Auto Accidents

Experiencing injury due to a vehicular accident is difficult no matter what types of drivers are involved or who is at fault for the accident. When working through the details and getting your bills paid, your goal is always to walk away whole again.

Uber ensures its drivers have adequate insurance when they are active in the app. Ideally, you’ll be able to call upon that insurance policy to get your bills paid by filing a claim and without having to go through the lengthy and sometimes painful lawsuit process.

Personal injury lawsuits take time and can be stress-inducing, which you don’t need when you’re recovering from injuries. The best way to settle an Uber accident claim is through negotiations. If those fail, then you can file a lawsuit against Uber if you suffered injury as a passenger or third party involved in an accident with an Uber driver.

Determining Liability in an Uber Accident

Knowing whether you can claim compensation from Uber after you sustain an injury in an accident or not comes down to liability.

These accidents tend to be more complicated than everyday car accidents because they involve more than just determining which driver was negligent. You’ll also need to determine the Uber driver’s status at the time of the accident.

The driver can have any one of these statuses.

  • Online, awaiting a passenger or trip request: Uber commercial policy is active with $50,000 in injury liability per person involved with a total of $100,000 total liability for personal injury. The coverage also provides $25,000 in property damage liability per accident.

 

  • Drivers with a passenger or when the driver has accepted a ride request: greater commercial insurance applies in these cases with a total of $1 million in liability coverage.

 

  • Inactive drivers who are not online in the Uber app: just because you see an Uber window cling or some other indication that the driver operates for the rideshare company does not mean that Uber’s commercial insurance policy will apply to the accident. If the driver is not online actively awaiting his or her next passenger, that driver’s personal insurance policy applies. This is a classic vehicle collision and will work just like any other accident where you’ll exchange information with the driver and file your claim under their insurance policy.

 

Once you’ve determined the Uber driver’s status, you’ll also need to evaluate negligence in the accident. Negligence is the process of evaluating which driver was not following the law or paying as much attention to other motorists as they should have been.

 

Why You Should Hire a Virginia Car Accident Attorney Immediately, Even if You Never File a Lawsuit

Virginia has a pure contributory negligence rule, which means that the other driver must be entirely at fault for the accident for you to collect monetary damages.

So even once you’ve proven that the other driver was at fault for the accident, if you are even 1% at fault for the accident you cannot recover anything. 

This is a big reason why working with a personal injury attorney who understands Uber accidents is important. Your attorney will present evidence against the Uber driver, while also protecting you from liability for the accident to ensure you can protect your ability to pursue financial damages for the accident.

Working with an attorney will also help you during settlement negotiations. If these negotiations go well, you won’t have to worry about filing a formal lawsuit. You’ll settle outside of court, get your money quickly, and can move on much faster than you would if you were to file a lawsuit against Uber.

Learn More With a Free Consultation

Navigating the legalities of the aftermath of an Uber accident is challenging. Geoff McDonald & Associates has a team of attorneys who can protect your rights and help you get back to where you were before an Uber accident. Contact us to learn more about our strategies for Uber accident victims.

Geoff McDonald and Associates: 804-888-8888.

FREE CONSULTATION

No Fees Unless We Win







    How Trucking Safety Regulations May Influence Your Case in Virginia

    Virginia truck drivers and commercial trucking company owners must observe certain state and federal safety rules. As an accident victim, showing that the liable party violated one of these laws can reinforce your case and help you claim compensation. Let’s examine a...

    Why Drinking, Drugs and Driving are a Dangerous Combination

    Do you want to be the cause of a senseless tragedy? Each year, countless lives are lost because people decide to drink or drug and drive. It’s an irresponsible act that recklessly endangers not only your life, but also those of innocent bystanders. Whether you’re a...

    What Are the Most Dangerous Intersections in Richmond, Virginia?

    According to Virginia’s car crash map, over 5,700 vehicle accidents occurred in Richmond, VA, in 2022. While a car accident can happen anywhere, some intersections in Richmond are notorious for their high number of crashes. So which intersections in Richmond pose the...

    What Is the Statute of Limitations After a Virginia Truck Accident?

    Did you suffer injuries in a Virginia truck accident? You may be able to sue the truck driver or the trucking company, but you must file your claim within a specified time limit called the statute of limitations. Virginia courts enforce this deadline very strictly and...

    Do Tractor Trailers Have a Black Box?

    One of the first orders or business after a truck crash is to request access to the tractor trailer’s black box. Black boxes often contain critical evidence that can help establish the facts of the accident and support your claim. However, the law requires trucking...

    Our Case Results

    $4,700,000
    Industrial Plant Accident

    Attorneys for the Plaintiff: Jeffrey A. Breit and Justin M. Sheldon Our client was killed in an industrial accident when an unauthorized worker was operating an overhead crane and pinned our client between…

    $1,750,000
    Rear-End Crash

    Our client suffered a traumatic brain injury, facial trauma, a dislocated hip and severe abdominal trauma when she was rear-ended at a traffic light by a tractor trailer. Suit was commenced shortly after…

    $1,250,000
    Assault of Log Truck Driver

    Attorneys for the Plaintiff: Geoffrey R. McDonald, Frank H. Hupfl, Justin M. Sheldon.
    Our client suffered a traumatic brain injury after being assaulted and knocked to the ground while fueling his logging…

    $860,000
    Drunk Driving Crash

    Our client suffered neck/head trauma and a broken wrist after his vehicle was struck by a drunk driver while he was stopped at a traffic light. Upon rejection of a settlement offer of $325,000, our litigation…

    $700,000
    Rear-End Collision

    Attorneys for the Plaintiff: Justin M. Sheldon and Geoff R. McDonald, Richmond
    GMA’s client was injured as a result of a rear-end collision in the greater Richmond area. The crash occurred a little after…

    Client Reviews

    Cheryl and Rich were wonderful and patient with me throughout the case. All of my questions were answered. They really helped me through this tough time and made sure to let me know what was going on. I really thank Geoff…

    Troy Saxby

    My experience with GMA staff was first rate. They always represented in a professional way and made sure I had everything as far as paperwork. Kara and Theo made sure to answer all my questions, was always available and so…

    Shirley Brown

    Geoff McDonald & Associates is the team that you want on the field if you’re in need of top notch legal defense! Mr. Taj Henley demonstrated true customer service skills and his expertise made me feel comfortable throughout the…

    Julian Reeves

    Geoff McDonald & Associates: Thank you Taj Henley for all of your hard work and dedication! Very expeditious in my case and I was very satisfied with my settlement. Will recommend to all my friends and family!

    Shareema Williams

    Geoff is number one in my book and I especially appreciate the support of Mr Henley

    Ebony Conwell

    I was so pleased with the knowledge and support from Mr. Taj Henley

    Kideem Frierson

    Thank you Geoff McDonald &Associates. A special thank you to Mr. Taj Henley

    Denise Conwell

    Mr. Taj Henley displays exceptional professionalism for Geoff McDonald & Associates, along with commendable communication skills and customer service. By his work ethic and commitment to the people he serves his value to any…

    Justin Fitzgerald