​Injured in an Uber Accident – Who is Liable?

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founder, Joseph Conboy who has years of legal experience. Our last modified date shows when this page was last reviewed.

Last updated on: June 4, 2025

Joseph Conboy | March 21, 2024

Conboy Law Injury & Medical Malpractice Lawyers helps victims understand Uber accident liability. We’ll look at the details of your accident scene, the Uber driver’s actions, and the insurance policies involved to help you file the right personal injury claim and pursue fair compensation.

How Uber Accidents Differ from Regular Car Accidents

Crashes involving Uber are often more complicated than typical car accidents. This is because rideshare drivers operate under unique conditions that affect insurance, liability, and legal rights. If you’re hurt in an Uber crash, it’s important to understand the key differences that set these cases apart before figuring out who is responsible or what insurance applies.

Multiple Insurance Policies May Apply

In many Uber accident claims, more than one insurance company may be involved. Depending on the ride request status, either the driver’s personal insurance, Uber’s insurance policy, or both may apply. In some cases, a third party liability insurance carrier, such as the at fault driver’s provider, may also come into play.

Rideshare Companies Use Independent Contractors

One major difference is that rideshare drivers, including Uber, are not employees. Instead, these drivers are independent contractors. That means Uber often denies direct responsibility unless certain criteria are met. This setup limits when you can sue Uber, though it does not prevent you from recovering from Uber’s insurance if you’re injured.

Who Can Be Held Liable in an Uber Accident?

Who Can Be Held Liable in an Uber Accident?

Liability in an Uber accident isn’t always clear-cut. Several people or companies could be responsible depending on how the crash happened. Each party may carry different types of insurance, and more than one could share fault.

Understanding who may be held accountable is key to building a strong claim for full compensation.

The Uber Driver

If the Uber driver’s fault caused the crash, whether through distracted driving, running a red light, or another error, then their liability insurance or Uber’s insurance may be responsible. This includes coverage for bodily injury, property damage, and other losses.

Another Driver

Sometimes, other drivers are at fault. For example, if a negligent driver rear-ends an Uber car, their personal insurance policy would likely cover injuries. In these situations, determining liability comes down to a police investigation, witness statements, and insurance review.

Uber (the Company)

While it’s rare to sue Uber directly, the company may be held liable in cases where it failed to vet a driver properly or allowed someone with a dangerous record to accept rides. A knowledgeable car accident lawyer can explore whether direct fault or vicarious liability applies.

Vehicle Manufacturers or Other Third Parties

If the Uber vehicle had a defect, the vehicle manufacturer might be held liable under product liability law. Other possibilities include collision coverage claims or comprehensive coverage claims if outside forces (like hazardous road conditions) contributed.

Liability Based on the Uber Driver’s Status

The amount and type of insurance coverage available after an Uber accident depends heavily on what the Uber driver was doing at the time of the crash. Whether the app was off, on, or a passenger was in the car, each situation triggers a different level of insurance responsibility that can affect your claim.

Uber App Off — Personal Insurance Applies

If the Uber app was off at the time of the crash, only the driver’s personal insurance will apply. Uber has no legal obligation in these cases because the trip was not active.

App On, Waiting for Ride — Limited Uber Coverage

If the driver was online but not matched with a rider yet, Uber provides liability coverage, but it’s limited. It may not include collision coverage, medical bills, or actual cash value for the car unless other criteria are met.

Ride Accepted or Passenger Onboard — Full Uber Coverage

Once a trip is accepted or a passenger is inside the car, Uber provides its highest level of commercial insurance coverage. This includes up to $1 million in third party liability, which can be used to cover injuries, medical expenses, and pain and suffering damages for all accident victims.

Common Scenarios: Who Pays for What?

Common Scenarios: Who Pays for What?

Every Uber accident is different, and who pays depends on how the crash happened and who was involved. Whether you were a passenger, another driver, or a pedestrian, the situation determines which insurance policy applies. The driver’s status, the ride phase, and fault all play a role in figuring out who is responsible.

Scenario 1: Passenger Injured in Uber

If you were an Uber passenger during a crash, you may be covered by Uber’s insurance policy. You could file a personal injury lawsuit or an insurance claim depending on fault, the accident location, and the parties involved.

Scenario 2: Uber Driver Hit by Another Vehicle

If another motorist was at fault, their insurance company should pay. But if that driver lacks enough liability coverage, Uber’s uninsured/underinsured policy may provide additional help.

Scenario 3: Pedestrian or Cyclist Hit by Uber Driver

If you were walking or biking and were hit by an Uber vehicle, Uber’s insurance could apply if the trip was active. Your lawyer will help determine liability and whether Uber owes compensation based on the Uber driver’s status.

FAQs

In most cases, no, you cannot sue Uber directly after a car crash. That’s because Uber drivers are classified as independent contractors, not employees. However, there are exceptions. If your car accident attorney finds that Uber’s own actions, such as failure to screen drivers properly or ignoring safety concerns, led to a serious accident, then Uber may be liable. Proving this usually requires a deeper legal review and may apply in only certain complex personal injury cases.

If the Uber app was completely off when the accident occurred, then only the driver’s personal insurance policy would apply. In this case, Uber’s insurance doesn’t provide coverage, because there was no active ride or pending pickup. After such an event, it’s crucial that you seek medical attention immediately, even if you think your injuries are minor, and speak to a car accident attorney to understand what legal options may still be available to you.

Once the ride request is accepted or a passenger is inside the vehicle, Uber’s full insurance coverage kicks in. This includes up to $1 million in third-party liability insurance, along with property damage and bodily injury coverage. These policies help cover medical costs and damages for all vehicles involved in the crash. In such cases, having a lawyer experienced in complex personal injury cases can make a big difference in ensuring your rights are protected.

Absolutely. A police report is one of the most important documents in any Uber-related car crash. It provides an official record of what happened and can be vital for determining fault and proving your claim. Insurance companies and courts often rely on these reports during settlements or trials. If you’re unsure how to obtain the report or what details it should include, a car accident attorney can guide you through the process.

The value of your case depends on many factors, including medical bills, lost income, pain and suffering, the severity of the injuries, and how the accident occurred. In serious accidents, the compensation may be much higher due to the long-term impact on your life. A skilled attorney will look at all vehicles involved, review medical records, and work to recover the maximum compensation you’re entitled to. Always seek medical attention immediately after the crash to help support your claim and show the true extent of your injuries.

Contact Our Chicago Uber Accident Lawyer for a Free Case Consultation

Contact Our Chicago Uber Accident Lawyer for a Free Case Consultation

After an Uber car accident, you may be confused about where to turn. Conboy Law Injury & Medical Malpractice Lawyers works with clients who have been injured in Uber accidents as passengers, pedestrians, or other drivers. Whether you’re facing steep medical costs, lost earnings, or long recovery times, we’re here to help.

Our team understands Uber accident liability and how to handle insurance information from multiple sources. We’ll work to hold the at fault driver accountable and fight for the fair compensation you deserve. We can also help with witness statements, accident reports, and claims against Uber’s or the driver’s personal insurance carrier.

Call us today for a free consultation. There are no upfront costs, and you only pay if we win your case.

Joseph Conboy
Founding Attorney

Joseph M. Conboy, founder of Conboy Law, represents victims of catastrophic injuries and wrongful death, securing numerous multi-million-dollar results. Recognized as a Super Lawyers Rising Star (2019–2022), he is a member of the American Association for Justice and Illinois Trial Lawyers Association. Mr. Conboy earned his J.D. from DePaul University and a B.A. in Economics from the University of Colorado.

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