Yes. You can sue Uber for both injuries in an accident, or wrongful death. You have this right no matter whether you were a passenger in the Uber, a pedestrian hit by an Uber, or someone in another vehicle that was hit by an Uber.
When is Uber liable for injuries or wrongful death?
Uber uses a business model that is, in many ways, difficult to regulate. It may seem that anytime an Uber driver hits you, Uber would be liable, but unfortunately that’s not always true.
This is because Uber hires its drivers as “contractors”—basically freelancers. These drivers get paid by Uber and use the Uber system, but they’re not employees. So just because they’re out on the road in a car marked as an Uber does not mean Uber’s insurance policies will cover them.
Of course, Uber carries a legendary $1 million policy for every driver—with up to $1,000,000 of both liability and property damage coverage. But since Uber drivers aren’t really employees, that policy only applies when the driver is actively working for Uber.
Here’s what that means for accident victims:
- If the Uber had a passenger inside, or if you were the Uber passenger, Uber is potentially liable and its $1 million policy will apply
- If the Uber driver had no passenger, the policy doesn’t apply. Uber will deny any liability, and the driver’s own insurance is the policy you have to make a claim against.
In some cases, the driver’s policy will be supplemented by a little extra insurance from Uber, but it’s only $50,000, not a million—and it only applies if the driver was at least active and “available” to pick up fares.
You can still make a claim and recover money for your injuries—or wrongful death. It just means you won’t always be able to sue Uber itself, or count on their massive insurance policy.
What should I do if I was injured, or my loved one was killed, in an Uber accident?
The most important thing you can do is talk to a lawyer. This is the single best way to make sure you don’t get taken advantage of—and that Uber pays for your loss if possible.
One of the reasons this is so important is that Uber is a gigantic company. It grew very quickly not just by providing a convenient app, but by being absolutely cutthroat about keeping costs down. They have the legal resources to deny or minimize your claim if you don’t have adequate legal representation.
If you or your family suffered from an accident involving an Uber, we can help. At John Foy & Associates, helping accident victims is our mission. We have over 20 years of experience taking on big companies with deep pockets, and we know how to win.
We charge absolutely nothing if we don’t get you money. And we’re happy to consult with you for free. Don’t wait. Call us at 404-400-4000 or fill out the form to your right and get your FREE consultation today.