Hurt in a Rideshare Crash? Find Out Whether You Can Sue Uber

Can You Sue Uber If the Driver Crashes?

Yes, in some situations you can sue Uber after a crash caused by its driver. Whether you can depends on the facts: who caused the crash, what the Uber app showed at that moment, and whether you were a passenger, another driver, a pedestrian or a cyclist. The driver and Uber are separate potential defendants. A claim may name one, the other, or both.

Many people assume the answer is a simple yes or no. It is not. Uber claims are fact-specific, and no one can predict how a particular claim will turn out. Many people also wait too long to save the records they need, such as app screenshots and trip details.

Colvin Accident Lawyers is based in Bakersfield. We represent people hurt in car, truck, bus, pedestrian and bicycle accidents across Kern County and nearby communities, including Fresno, Visalia, Lancaster, Palmdale, Delano and Tehachapi. This guide covers the questions that matter most after an Uber crash.

Who Can Be Named in a Claim After an Uber Crash

The driver is usually the first party to consider, because the driver’s negligent driving caused the collision. Uber Technologies, Inc. may also be named when the facts support a claim against the company itself. Other people can be responsible too, such as a second driver whose fault contributed to the crash.

Naming more than one party matters because of how California divides damages. Under Civil Code § 1431.2, each defendant is liable for non-economic damages only in direct proportion to its own share of fault. Non-economic damages cover losses such as pain, suffering and emotional distress.

Economic damages are different. They are objectively verifiable monetary losses, such as medical expenses and lost earnings. Keep bills and pay records from the start. Which insurance may pay also depends on who is named, so an early review helps identify every party and policy that may apply.

How Uber App Status Affects Insurance Coverage

Insurance after an Uber crash can depend on what the app showed when the crash happened. The app therefore keeps a record of the ride from the start.

That record can show whether the driver was logged in, waiting for a request, or carrying a passenger. Each of those moments can point to different insurance. The exact answer depends on the facts of the crash, so the records matter.

Save these items now:

• Screenshots of app screens showing the trip, if you can still reach them
• Trip receipts and the time of the ride request
• The driver’s name, vehicle description and license plate
• The police report number and the names of any witnesses

Insurers will ask for these records, so save them early.

Legal Theories for Suing Uber Directly

Claims against Uber itself usually rest on a few legal ideas. The third looks at the company’s app design, safety features or policies, where the facts support it.

A hiring or supervision claim needs records showing what the company knew, or should have known, about a driver. An app design claim needs evidence of how the app worked at the time of the crash.

These theories differ from a claim against the driver. A claim against the driver focuses on how the driver drove. A claim against the company focuses on its relationship with the driver and what it did or failed to do. Both can be part of one case. Which idea fits depends on what the records show.

How Your Role in the Crash Changes Your Claim

Your role in the crash shapes who you may sue. A passenger hurt in an Uber may have claims against the driver, Uber, and any other driver whose fault contributed. A motorist hit by an Uber driver usually looks to the driver and any other party the facts point to. A pedestrian or cyclist struck by an Uber driver faces the same questions of fault and insurance.

Your own conduct matters too.

Family members may also bring claims for an injured person or for a person who died. Those situations can involve different parties and steps. Wrongful death claims are a separate category, handled under our wrongful death practice.

What Compensation May Cover After an Uber Car Accident

Compensation in an Uber crash claim may cover medical care, lost income, property damage, and pain and suffering. Cal. Civ. Code § 1431.2 defines “economic damages” as objectively verifiable monetary losses, including medical expenses and loss of earnings, and “non-economic damages” as subjective, non-monetary losses, including pain, suffering and emotional distress. Economic losses include medical expenses, loss of earnings and costs of repair. Non-economic losses include pain, suffering and emotional distress, as described in Civil Code § 1431.2.

The value of any claim depends on the injuries, the proof of fault, the insurance available and the facts. No amount is offered or predicted here. Results differ from case to case because the facts and the law differ.

Good records support the economic side of a claim. Keep medical bills, receipts, pay stubs and notes about missed work. Write down how the injury affects daily activities, too.

Deadlines and First Steps After an Uber Crash

California generally gives two years from the date of injury to file a personal injury lawsuit, under Code of Civil Procedure § 335.1. The California Courts Self-Help Guide explains that this deadline is subject to exceptions and tolling. Exceptions depend on the facts, so don’t treat the two-year date as the only date that matters.

Reporting rules also apply. No report is required if the vehicle was owned or leased by, or under the direction of, the United States, California, another state, or a local agency.

Take these steps early:

• Get medical care and follow the treatment plan. Keep every bill and record.
• Photograph the scene, the vehicles and your injuries.
• Report the crash to Uber through the app, and keep a copy of what you submitted.
• Speak carefully with insurers. Review your situation before giving a recorded statement.

Claims against public agencies, such as some transit operators, can follow different and shorter filing steps. Check those rules early.

Talk With Colvin Accident Lawyers About Your Uber Crash

If you are still sore, waiting on bills, or looking into this for someone who was hurt, you have a lot on your plate. Sorting out who pays after an Uber crash takes time you may not have. Can you sue Uber if the driver crashes? Often the answer depends on the app records, the parties and the injuries.

Colvin Accident Lawyers, through responsible attorney Donald Norman Colvin, offers a free, confidential first consultation with no obligation to continue. You can contact us to talk about your crash and what the app showed.

Colvin Accident Lawyers, Bakersfield, California — responsible for this site. Responsible attorney: Donald Norman Colvin.