Uber Accident FAQ

• Uber drivers are private citizens: They’re not professional drivers. They’re not experienced cabbies. They don’t have to undergo any specialized training or extra licensing. NONE!

• Uber drivers are not employees: This is important! Uber does not officially “hire” drivers so they are not legally classified as employees. This seriously limits the company’s legal responsibility if the driver is involved in an accident.

• Uber drivers use their own personal cars: While some cabbies do own and drive their own vehicles, most rely on company cars. Company cars are covered by company insurance—which, in turn, covers drivers, passengers, and third-parties (such as pedestrians) in the event of a crash. Private cars are (and must be) covered by personal auto insurance policies.

• Uber drivers' personal insurance may not cover passengers: Most personal auto insurance policies will not cover Uber passengers. In the event of an accident, passengers may be forced to rely on Uber accident insurance instead.

• Uber insurance has a history of denying accident claims: If you’ve been injured, a settlement is not guaranteed. Uber insurance will often deny claims. Contact us at Sally Morin Personal Injury Lawyers if this happens to you.

1. Call 911 immediately if there are any injuries (even minor ones) or property damage.
2. Gather evidence, including: 
   - Names and contact info of all parties involved, eyewitnesses and responding officers.
   - Photos of the area, vehicles involved, and your injuries.
   - The driver's license number & personal insurance information of the Uber driver who hit you.
   - The police report.
3. Contact your insurance company in case something goes wrong and you're forced to rely on your own insurance to cover your expenses.
4. Contact an attorney: If you've suffered serious injuries, you should at least consult with a personal injury lawyer who is experienced with Uber accidents.​

Yes!  Due to recent legal action in 19 states including California, Uber’s own insurance—insurance above and beyond a driver’s personal policy—can be held liable to contribute up to $1 million total for any damages or injuries sustained in an accident.

As a means of protecting itself against insurance claims, the company requires that all drivers have an active personal auto insurance policy.

However, that policy is not designed to protect passengers in the event of an Uber accident.

Insurance policies almost always include a “for hire” exclusion or clause which states that if a driver is using their personal automobile in a “for hire” capacity (such as driving paying passengers to and from destinations) the policy is voided.

Yes, but typically passengers won't need to. A simple insurance claim is often all it takes to get the
compensation a victim needs, to cover:

- Medical expenses
- Lost wages
- Property damage
- Pain and suffering

In a small number of cases, if an Uber accident passenger and their attorney determine that an acceptable settlement amount cannot be negotiated with the insurance company, it may be possible to get a larger sum in compensation for the injuries suffered by suing the Uber or Lyft driver instead, which would generally mean facing the insurance company in court.

It is important to understand that it's always possible the passenger may actually lose the case if it goes to trial, in which case, unfortunately, the injured person may walk away with nothing but legal expenses for their effort.

On the other hand, sometimes suing an Uber driver is the right decision for an injured driver to get the compensation they deserve.