Uber and other companies that offer cheaper alternatives to taking a traditional taxi-cab are getting a lot of business these days. Uber hires private drivers who operate as independent contractors to provide transportation to Uber’s customers. It’s a good deal for everyone.
The customer saves money on the cost of a ride and the driver is able to make some extra money for providing a service. However, Uber drivers are not required to take any additional safety training related to transporting passengers or operating a commercial vehicle. Unfortunately, this lack of training and other factors often results in Uber drivers being involved in injury related accidents.
If you have been injured by an Uber driver, you may be wondering: Can I sue Uber?
The answer to this question can be tricky, but the short answer for California residents is yes. Whether or not you can sue Uber depends upon the facts of the case and the laws of the state in which the accident occurred. Other relevant factors include whether you were a passenger or bystander and whether the accident was the Uber driver’s fault.
In many situations, injured victims first pursue compensation through insurance claims before filing a lawsuit. A lawsuit may become necessary if the insurance company refuses to offer a fair settlement or disputes liability for the crash.
Can You Sue Uber or the Driver After The Accident?
Since Uber driver’s are independent contractors, it is difficult to sue Uber directly if one of their driver’s is at fault in an accident that caused injuries to a passenger. In these cases, the injured party would have to file suit against the driver personally to recover compensation for his injuries. However, even though they are independent contractors, Uber drivers are covered under Uber’s $1 million insurance policy for accidents.
California uses a tiered rideshare insurance system that determines what coverage applies depending on the driver’s status in the Uber app. If the driver is offline and not using the app, only the driver’s personal auto insurance applies. If the driver is logged into the app and waiting for a ride request, Uber provides contingent coverage that may include up to $50,000 per person for injuries, $100,000 per accident, and $30,000 for property damage. Once a ride has been accepted or a passenger is in the vehicle, Uber’s commercial policy typically provides up to $1 million in third-party liability coverage.
Often, Uber drivers are involved in accidents where the other driver is at fault. In a lot of these situations, the driver that caused the accident may not have enough insurance to cover serious injuries. Uber has $1 million of under-insured motorist coverage for these types of cases. However, you should get the help of a personal injury attorney to file the proper legal paperwork and notices to the insurance company when seeking compensation for any passenger related injuries.
As of 2026, California law requires rideshare companies to provide minimum uninsured/underinsured motorist (UM/UIM) protection for passengers of at least $60,000 per person and $300,000 per accident. This coverage may apply if another driver causes the crash but lacks sufficient insurance.
This is why it’s essential you hire an experienced ride sharing litigation firm like GJEL Accident Attorneys.
There Are Also, Non-Passenger Injuries
Getting proper compensation for serious injuries to pedestrians, bystanders and other non-passengers because of a negligent Uber driver can be complicated. If the Uber driver is working and carrying a passenger at the time of the accident, then you can file a claim against Uber’s $1 million insurance policy for your injuries. If the Uber driver is not working, you may be limited to the policy amounts stated in the driver’s individual insurance policy. However, state law further complicates the matter.
If injuries make daily life hard, our California car injury lawyers pursue damages for pain, therapy, and lost income.
Some states, such as Washington and California, have ruled that the ride-sharing insurance policies for Uber and similar companies are effective even if there is no passenger in the car at the time of the accident. Basically, in these states, as long as the driver is logged onto the Uber app and waiting for a customer, they are covered under the $1 million insurance policy. Every state has different laws regarding insurance coverage for Uber drivers. You need to carefully review the laws of your state.
Non-passengers injured by an Uber driver such as other motorists, cyclists, or pedestrians are generally not bound by Uber’s passenger arbitration agreements. This means they typically retain the right to file a lawsuit in court rather than being forced into private arbitration with the company.
Should You Sue After An Accident?
It can be difficult to sue Uber directly for your injuries unless you can prove that Uber was somehow at fault. For example, you may be able to sue Uber directly if they were negligent in hiring a particular driver. In other cases, you need to sue the driver and try to file a claim against Uber’s insurance company to get compensation for your injuries. In some cases, Uber itself may be liable if its actions contributed to the accident. This could include negligent hiring or retention of a driver with a dangerous record, ignoring repeated safety complaints about a driver, or maintaining app features or policies that distract drivers or encourage unsafe driving behavior.
California also follows a pure comparative negligence rule, meaning that if you were partially responsible for the crash, your compensation may be reduced by your percentage of fault. For example, if you were found 20% responsible for the accident, your total recovery would be reduced by 20%.
Injured victims generally have two years from the date of the accident to file a personal injury lawsuit in California. Missing this deadline may prevent you from recovering compensation, so it is important to speak with an attorney as soon as possible after an Uber accident.
If you have been involved in an Uber accident, don’t try to handle the matter on your own. It’s too complicated. Talk to a personal injury attorney. GJEL has recovered over $1 Million dollars from their clients who were injured in an Uber accident.
