Can You Sue a California Uber Driver?

You might have been injured in an accident involving an Uber vehicle as a passenger, another motorist, a motorcyclist, bicyclist, or a pedestrian. What comes to issue is whether you can file a personal injury lawsuit against the driver of that Uber vehicle. Indeed, you can file that lawsuit, but there are two things that you must prove in order to prevail. First, you must prove that the Uber driver was at least partially at fault for the accident. After that, you must prove that you suffered damages as a result of the accident.

Suing the Uber Driver as an Injured Passenger

If you suffered injuries and damages as a passenger in an Uber vehicle in an accident that was caused by the vehicle’s driver, you have a perfectly viable personal injury case. In many Uber accident cases, the opposing insurer might argue that the injured victim was partially at fault for an accident. That’s known as comparative negligence. If that allegation turns out to be true, the percentage of negligence attributable to the victim would be deducted from his or her gross award. To allege that a passenger was comparatively negligent in an accident would be quite difficult, especially if that passenger was in the back seat.

Suing an Uber Driver if You Were Not a Passenger

If you were the driver or occupant of another vehicle, a motorcyclist, bicyclist or a pedestrian, you can still bring a personal injury lawsuit against an Uber driver. Under such circumstances, the insurer of the Uber driver is likely to allege that you were comparatively negligent in causing the accident and resulting injuries. Unless some type of settlement was entered into, this issue is a question of fact that would need to be decided by a jury. That’s when underinsured motorist coverage issues might arise.

Expect Serious Insurance Coverage Issues

Depending on the nature and extent of your injuries, another critical issue is whether the driver was on or off of the clock at the time of the accident. That will directly affect what insurer might be required to compensate you and the extent of the policy limits in effect at the time of the accident. For example, if the Uber driver was on the clock with a passenger aboard, it’s likely that a $1 million liability policy would cover the accident. If the driver was off of Uber’s clock, liability policy limits might be as low as $15,000. That’s a drastic difference for a serious injury.

Contact a California Uber Accident Driver Today

After suffering injuries in any type of Uber accident anywhere in California, contact us at the Rideshare Law Office by calling 866-950-0408 for a free consultation and case review. You can tell us about your accident and injuries, and we’ll answer your questions fully. Then, we can advise you on the legal choices that you have in pursuing compensation for your injuries. We will fight to obtain the maximum settlement or award that you deserve.