Rideshare services like Uber have become a daily part of life in Pensacola. They are convenient, affordable, and often seen as safer than driving after a night out. But when an Uber accident happens, many injured passengers and drivers are left asking the same question. Can I sue Uber or the driver after an accident?
The answer depends on several factors, including who caused the crash, whether the Uber driver was actively working, and what insurance coverage applies. Understanding how liability works in Uber accidents is critical if you want to protect your rights and recover fair compensation.
Why Uber Accident Claims Are Different From Regular Car Accidents
Uber accidents are more complex than standard car crashes because multiple parties and insurance policies may be involved. Unlike a typical accident where one driver’s insurance applies, Uber accidents often include corporate insurance coverage that changes depending on the driver’s status at the time of the crash.
Uber classifies its drivers as independent contractors rather than employees. This distinction plays a major role in determining whether Uber itself can be held liable, or whether the driver alone is responsible.
Determining the Uber Driver’s Status at the Time of the Crash
One of the most important factors in an Uber accident case is what the driver was doing at the exact moment the accident occurred. Uber insurance coverage works in phases.
Driver Was Not Logged Into the Uber App
If the driver was not logged into the Uber app, the situation is treated like a normal car accident. Uber has no involvement, and the driver’s personal auto insurance is responsible for covering damages.
Driver Was Logged In and Waiting for a Ride Request
When a driver is logged in but has not yet accepted a ride, Uber provides limited liability coverage. This coverage may apply if the driver’s personal insurance denies the claim or does not fully cover the damages.
Driver Was En Route to Pick Up a Passenger or Transporting One
If the driver had accepted a ride request or was actively transporting a passenger, Uber provides up to one million dollars in liability coverage. This is the scenario where Uber’s insurance plays the most significant role.
According to Uber’s own insurance disclosures, this higher coverage is intended to protect passengers, pedestrians, cyclists, and other drivers injured during an active ride.
You can review general rideshare insurance standards through the Insurance Information Institute, which explains how commercial and personal policies interact.
Can Uber Be Sued Directly After an Accident?
In most cases, Uber argues that it cannot be sued directly because its drivers are independent contractors. However, that does not mean Uber is always immune from responsibility.
Uber may be held accountable if negligence can be shown in areas such as:
- Failure to conduct proper background checks
- Allowing unsafe drivers to remain on the platform
- System or app-related distractions that contributed to the crash
Even when Uber is not named as a defendant, its insurance policy may still be the primary source of compensation.
Can I Sue the Uber Driver Personally?
Yes, Uber drivers can be sued personally for their negligence. Common examples include speeding, distracted driving, running red lights, or driving under the influence.
If the driver caused the crash while working, their personal liability may be secondary to Uber’s insurance coverage. If they were not actively working, their personal insurance would typically be the first line of recovery.
What If I Was a Passenger in the Uber?
Passengers injured in Uber accidents often have strong claims because they rarely share fault. Whether the accident was caused by the Uber driver or another motorist, injured passengers may pursue compensation through the appropriate insurance policy.
This may include Uber’s one million dollar policy, the at-fault driver’s insurance, or both.
What If Another Driver Caused the Accident?
If another driver caused the accident, that driver’s insurance should be responsible. However, if the at-fault driver is uninsured or underinsured, Uber’s coverage may still apply if the Uber driver was on an active trip.
The Florida Department of Highway Safety and Motor Vehicles provides useful information about insurance requirements and accident reporting in Florida.
Damages You May Be Able to Recover
Victims of Uber accidents in Pensacola may be entitled to compensation for:
- Medical bills and future treatment
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
Each case is unique, and the value of a claim depends on the severity of injuries and available insurance coverage.
Why Uber Accident Claims Are Often Disputed
Uber accident claims are frequently challenged by insurance companies. Disputes may arise over the driver’s app status, fault for the accident, or the extent of injuries.
Insurance adjusters often try to limit payouts by shifting blame or minimizing damages. This is why having experienced legal guidance can make a significant difference.
How a Pensacola Uber Accident Attorney Can Help
Working with a local attorney who understands Uber accident claims can help level the playing field. An attorney can investigate the accident, secure app data, determine applicable insurance coverage, and negotiate aggressively on your behalf.
If you were injured in an Uber crash, learn more about your legal options by visiting our Pensacola Uber accident attorney page.
Take Action After an Uber Accident
If you have been injured in an Uber accident, time matters. Evidence can disappear, and insurance deadlines may apply. Speaking with a knowledgeable attorney can help you understand who can be held responsible and how to pursue the compensation you deserve.
Michael E. Fenimore, P.A. has extensive experience handling complex rideshare accident claims and protecting the rights of injured clients throughout Pensacola.