TL;DR: Yes, you can sue if you were injured after another car hit your Uber, as California law permits recovery from the at-fault motorist. Lawsuits become more likely when liability is disputed, injuries are serious, or available insurance coverage does not match the full scope of losses.
Highlights:
- You can pursue the at-fault driver for damages after an Uber crash
- Start with insurance claims; sue if fault, injuries, or coverage is disputed
- Identify who’s liable and whether shared fault may apply
- Confirm what coverage applies, including Uber’s “ride period” policies
- Document injuries and losses to support medical bills, wages, and pain claims
- Watch deadlines: typically 2 years to file a lawsuit in California
- Special rules may shorten timelines for government-related crashes
Tip: Ask early what “period” the ride was in (app on, en route, or passenger onboard) – it often determines whether Uber’s $1M policy applies and how much coverage is available.
Table of Contents
Yes, if another car hits your Uber, and you are injured, you can usually sue the at‑fault driver in California. Most cases start with insurance claims. However, a lawsuit may be needed if fault is disputed or your damages exceed the other party’s policy limits.
Notably, Uber accident cases can be complex because multiple parties are often involved. Passengers typically don’t have control over how a rideshare vehicle is operated. However, Uber drivers cannot completely prevent a crash if other motorists behave carelessly on the road. As such, it’s essential to consider these key factors before suing:
- Liability — Who is at fault for the accident? Is there shared fault?
- Insurance Coverage — What are the applicable insurance policies that apply? In rideshare accidents, there may be overlapping insurance policies from the parties involved.
- Damages — What losses did you incur due to the Uber accident?
When To Sue If Another Driver Hits Your Uber
Knowing who is liable in an Uber accident is crucial because it determines whom you should file an insurance claim against. While the at-fault party’s auto policy often applies in these cases, suing can be an option if:
- Insurers dispute liability or injury severity.
- The calculated damages exceed coverage limits.
- The potentially liable party does not have insurance.
Consider seeking free accident lawyer advice to learn whether suing may be applicable for your Uber accident.
Understanding Liability When Another Driver Hits An Uber
If another driver hits your Uber and causes injuries, you have to prove that their careless actions caused the accident. In California, this negligence is often the basis of liability in Uber accidents. Your case is valid if you can prove the following:
- Duty — The at-fault party had a legal duty to prevent harm to others. This obligation includes driving safely.
- Breach — They breached that duty by engaging in unsafe conduct. Examples include driving while distracted or under the influence.
- Causation — The breach was the direct and proximate cause of the accident. For example, the driver was speeding, which led to the Uber collision.
- Damages — You sustained injuries and related losses due to the crash.
Other Factors That May Affect Liability
Additional factors can complicate fault assessment after an Uber accident caused by another driver. Here are some possible scenarios:
Shared Fault
California’s comparative negligence rule may apply in some cases. It recognizes that multiple parties can be responsible for an accident and the resulting losses. For example, although another motorist may have struck the Uber vehicle, the rideshare driver may have also contributed to the accident through negligent behavior, such as distracted driving.
Injured victims can also share fault under comparative negligence. Though they can still pursue compensation in these cases, a court can reduce their potential award by the percentage of responsibility they bear. In line with the above example, suppose that a passenger distracted their Uber driver by talking to them. If a court finds them 20% at fault for the resulting accident and their injuries, they would only be able to recover up to 80% of their total damages.
Multiple Accident Causes
Other factors, such as poor road conditions or product defects, may also contribute to Uber accidents. For instance, incorrect traffic signs may have confused the other driver, causing them to hit your Uber at an intersection. A faulty vehicle part, such as a malfunctioning brake, might have also led to the collision. In these cases, other parties may also be liable for the accident, such as car parts manufacturers and government agencies responsible for road maintenance.
Insurance Coverage When An Uber Accident Involves Another Car
Insurance coverage is a critical aspect of an Uber injury claim. You’ll often have to seek compensation from the at-fault party’s auto policy before pursuing legal action becomes an option. Here’s what generally applies in these incidents if:
Another Driver Causes The Uber Accident
If another motorist is liable for the accident, their auto insurance may cover the resulting damages. In California, drivers must carry the minimum liability coverage of:
- $30,000 — For bodily injuries or death to one victim.
- $60,000 — For injuries or fatalities involving more than one victim.
- $15,000 — For property damage.
The available insurance coverage may vary depending on specific factors. These include the at-fault driver’s policy limits and the nature of the losses you incurred in the accident.
When to Consider Suing: If the applicable policy limits do not fully cover the losses, it may be possible to pursue additional compensation from the other driver through legal action.
The Other Driver Is Uninsured
There may be cases in which the liable party is uninsured. In these cases, here are some of your possible options:
- Uber’s Third-Party Liability Insurance — Transportation Network Companies (TNCs) like Uber must carry liability insurance in California. The coverage it provides depends on the stage of the ride at which the accident occurred. These include the following:
- Period 1 — The driver’s Uber app is open while waiting for a match. The following coverage may apply:
- $50,000 — For injuries or death to one person.
- $100,000 — For injuries or death per accident.
- $30,000 — For property damage.
- Period 2 — An Uber driver has accepted a ride request and is en route to pick up the passenger. During this period, up to $1 million in third-party liability coverage may be available.
- Period 3 — The passenger enters the vehicle and continues until the passenger is dropped off. During this time, Uber’s $1 million commercial liability coverage may also apply.
It is important to note that Uber’s coverage may operate as excess or supplementary insurance, rather than primary coverage, in certain situations. Coverage is subject to specific terms, exclusions, and conditions. Applicability can thus vary based on the facts of a case.
- Period 1 — The driver’s Uber app is open while waiting for a match. The following coverage may apply:
- Uninsured Motorist (UM) Coverage — Though insurance companies in California are required to offer it, UM coverage is optional for drivers. However, if it is covered under your policy, you may be able to file a claim with your insurer. It can cover medical costs, lost wages, and other losses, depending on your policy.
When to Consider Suing: A lawsuit may be considered to recover losses if the other driver is uninsured or underinsured. In such situations, pursuing a claim against the driver may involve seeking compensation directly from them for damages not covered by insurance.
In Uber accident claims, car accident lawyers often review the types and amounts of insurance coverage available. As a general principle, claimants cannot recover compensation more than once for the same loss.
If certain coverages apply and a settlement is reached, legal action is usually limited to losses not covered by the initial agreement. This situation may arise more frequently in cases involving significant losses or serious injuries. That’s because, in these scenarios, the available insurance coverage may not fully compensate for all the losses you incurred.
Damages In Uber Accidents Caused By Another Driver
When another driver causes an Uber accident, and you get hurt, it is vital to consider your damages before deciding to file a lawsuit. Their value generally forms the basis for the amount you seek after the crash. In California, rideshare accident victims can usually seek damages for losses such as:
- Medical Costs — The costs of medical care depend on the severity of injuries. Victims may suffer traumatic brain injury, spinal cord damage, cuts and lacerations, and more. Some injuries may require costly treatments or procedures, as well as additional care. These may include costs related to:
- Hospital stays and urgent care.
- Prescription medication and follow-up appointments.
- Other prescribed treatments for recovery, such as physical therapy, surgeries, chiropractic care, etc.
- Lost Income — Some injuries, such as bone fractures or back injuries, may require time away from work. In these situations, damages may include lost wages for the time you were unable to work. If more serious injuries, such as head trauma or spinal cord injuries, result in a permanent disability, you may also seek compensation for a reduced ability to earn income in the future.
- Other Out-of-Pocket Expenses — In addition to medical costs, an accident can lead to other expenses. For example, if injuries cause paralysis or amputation, you may need home modifications or special equipment. Other costs could include transportation, home care, or childcare if the injuries affect your daily life.
- Non-Economic Damages — These refer to losses that are more difficult to measure or document but may still constitute significant harm to victims of an Uber accident. They may include:
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of quality of life
Given your damages, you may be wondering, “How much is the settlement for an Uber accident?” There is no definite answer, as it varies depending on the case. The nature of your injury is often the most critical factor when assessing damages. Victims usually experience greater financial and emotional impacts when they sustain severe bodily harm, which can affect the value of their claim.
Legal Time Limits For Pursuing Uber Accident Injury Claims
California’s statute of limitations sets the deadline for filing a lawsuit. It typically gives victims two years from the date of the accident to file a case. Missing this time limit can affect the validity of a case. Nevertheless, certain exceptions may apply:
- Cases Involving Government Entities — Suppose your Uber was hit by a public bus. You have only six months after your accident to file an administrative claim against the government entity responsible for its operation. You could then file a lawsuit if:
- Your claim is rejected. You have six months from the date of the denial to file a case.
- The government agency fails to respond to your claim within 45 days. In this scenario, the state’s general statute of limitations would apply.
- Victims Under 18 — The filing deadline will not start until they turn 18. Until then, their parents or legal guardians can sue the at-fault party on their behalf.
- Delayed Discovery of Injuries — If an injury only becomes apparent later on, the time limit for filing a claim may change based on when the injury was, or reasonably should have been, discovered.
An Uber injury lawyer often reviews a case to help victims understand the deadlines they must meet.
Frequently Asked Questions (FAQ) About Uber Car Accidents Caused By Third Parties
After sustaining injuries in an Uber accident caused by another driver, victims often have several concerns. Below are answers to some of their most common legal questions.
How Long Does It Take To Settle An Uber Accident Case?
Resolving an Uber accident case can take anywhere between a few months and more than a year. Here are some of the factors that can affect this timeline:
- Severity of Injuries — The length of the victim’s physical recovery can influence how long the case takes. In some situations, lawyers wait for them to reach Maximum Medical Improvement (MMI), during which their condition stabilizes and cannot be improved with further care. Doing this helps them account for all medical costs, including future treatment, in the claim.
- Complexity of the Case — Some Uber accident cases become more complicated when multiple parties are involved. Insurers may also dispute fault, damages, or coverage. These factors can prolong negotiations and increase the likelihood of litigation.
- Availability of Evidence — Evidence is essential to determine the validity of a claim and establish liability. Examples of what they may review include police reports, eyewitness statements, and surveillance footage. However, some evidence may be difficult to obtain or not immediately available, which can delay investigations by all parties involved.
- Litigation — A lawsuit can settle at any point during litigation. However, it may proceed to trial if this is not possible. Busy court schedules, as well as the time it takes for a judge or jury to deliberate on a case’s outcome, could further delay resolution.
Uber accident lawyers can analyze the case details and provide an approximate timeline. They can support the collection of further evidence, which can sometimes help move the claim along more efficiently.
Who Is Liable In An Uber Accident In California?
Liability often depends on who caused the Uber accident. If another driver caused the accident, they are generally liable for the resulting damages. However, some accidents can be more complicated than others. Depending on the specific circumstances, other parties that can be liable in an Uber accident include:
- Uber Driver — The rideshare driver may be responsible if their actions contributed to the accident. For example, they may have exhibited behavior such as speeding, swerving, or distracted driving.
- Uber — In limited situations, you may be able to sue Uber directly if the company was careless in screening drivers during the hiring process. To illustrate, consider the following scenario:
- A driver has a history of reckless driving and has several complaints.
- Uber still allowed that driver to use their platform.
- That driver caused a collision.
However, liability can be complex and depends on the specific facts. Any determination would require a careful review of evidence and applicable laws.
- A Trucking Company — If a truck was involved in the crash or contributed to unsafe conditions, the company that owns or operates it could be partially responsible.
- Vehicle or Parts Manufacturers — If a vehicle part fails and causes the accident, the manufacturer or distributor of that part may share liability.
- Government Agencies — If poorly maintained roads, missing signs, or other unsafe conditions contributed to the accident, a local, state, or federal agency could be liable. They may also be responsible if your crash involved a public vehicle, like a city bus.
An Uber accident attorney can review evidence and help victims determine the potentially liable party. By doing this, victims can file a claim against the appropriate individual.
How Much Does It Cost To Hire An Uber Accident Lawyer?
The cost of hiring an Uber accident attorney depends on the complexity of the case and the resources required to manage it. For instance, if the case involves court processes or litigation, the resources and time lawyers may need may be greater, thereby affecting the cost of legal services.
A similar question you may ask is, “Do lawyers only get paid if they win?” They often do if they work on a contingency-fee basis. Injury law firms like Arash Law offer this “no win, no fee” arrangement. It means they only charge legal fees if they obtain compensation for their clients.
Understand Your Legal Options After An Uber Accident
Uber accidents are complicated enough as it is. If another car hits you during a ride and you get hurt, you may be able to file an insurance claim against the at-fault driver. However, if there are disputes over liability or if your losses exceed the available insurance coverage, pursuing a lawsuit might be an option.
Our Uber accident lawyers at AK Law are here to provide legal support. We can assess your case and determine your available legal options. If a lawsuit is necessary, we can also prepare to represent you in court. To learn more about how we can help, schedule a free initial consultation by calling (888) 488-1391.
