Call Us: When we think of Uber accidents, we often focus on passengers, pedestrians, or other drivers—but what about those behind an Uber’s wheel? Does Uber cover accidents for drivers? The answer is yes. In California, Uber provides multiple forms of insurance that protect drivers while they are using the app, including:
- When the app is on and they’re waiting for a ride request.
- While en route to pick up a passenger.
- During a trip with a passenger.
These protections include commercial auto liability coverage and, as required under Proposition 22, Occupational Accident Insurance. This latter coverage helps pay for medical expenses and lost income if the driver is injured in a work-related accident. It is automatically provided to qualifying drivers in California and funded by Uber.
If you were injured in an accident while driving for Uber, you have rights and you can pursue compensation for your damages. California Uber & Lyft accident lawyers at Megeredchian Law have the knowledge, the skills, and the experience to represent you. Call us at (866) 359-0807 24 hours a day, seven days a week – we always pick up the phone. Hablamos Español.
How Does Uber Cover Accidents for Drivers?
In California, Uber provides insurance coverage for drivers involved in accidents, with the extent of coverage depending on the driver’s status within the app at the time of the incident. Here’s a breakdown of how Uber’s insurance applies:
Offline (App Off)
When a driver is not logged into the Uber app, they are considered off-duty. In this case, only the driver’s personal auto insurance is applicable, and Uber’s insurance does not provide any coverage.
Available (App On, Waiting for a Ride Request)
If a driver is logged into the app and waiting for a ride request, Uber offers contingent liability coverage in California. This includes up to $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 for property damage. This coverage applies only if the driver’s personal insurance does not cover the incident.
En Route to Pick Up a Passenger or During a Trip
Once a driver accepts a ride request and is either en route to pick up the passenger or has the passenger in the vehicle, Uber provides more extensive coverage. This includes:
- $1 million in third-party liability coverage: This covers damages to others if the driver is at fault.
- Uninsured/Underinsured Motorist Bodily Injury Coverage: This protects the driver and passengers if another motorist is at fault and lacks sufficient insurance.
- Contingent Comprehensive and Collision Coverage: If the driver maintains comprehensive and collision coverage on their personal auto policy, Uber’s policy will cover physical damage to the driver’s vehicle up to its actual cash value, with a deductible (commonly $1,000 or $2,500, depending on the specifics of the policy).
Additionally, under California’s Proposition 22, Uber provides occupational accident insurance to drivers at no cost. This insurance covers medical expenses, disability payments, and death benefits resulting from injuries sustained while driving or waiting for ride requests. This coverage is automatic and does not require drivers to opt-in.
It’s important for Uber drivers in California to understand that the company provides these coverage to ensure they have the necessary protection while driving. Drivers should also have their own personal auto insurance and be aware of the specific terms and conditions of both their personal and Uber-provided insurance policies.
What Are Your Rights As an Uber Driver?
If you suffer an accident as an Uber driver, you must report the incident immediately using the driver app, through the website, or by phone. You need to do this as quickly as possible to activate insurance coverage. Uber can also assist you in understanding the differences between what their policy covers and what falls under your own personal insurance.
Keep in mind that Uber’s insurance does not include rental car reimbursement while your vehicle is being repaired or replaced. You’ll be responsible for arranging your own transportation during that time.
Additionally, your driver account may be temporarily suspended while Uber reviews the incident. If you depend on rideshare driving for your income, this can be financially and emotionally challenging. It’s highly recommended that you consult with our California Uber & Lyft accident lawyers to protect your rights and help you return to driving as soon as possible.
How Can Uber Drivers Obtain Compensation for an Accident?
Once an Uber driver hires a California Uber & Lyft accident lawyer to represent them, the claim process typically involves the following steps:
Case Evaluation and Evidence Collection
The attorney will first gather all relevant details: the police report, photos, medical records, Uber’s app data (to determine whether the driver was active and under which coverage tier), insurance communications, and any witness statements. They’ll assess liability and potential compensation sources, including Uber’s commercial policy and the driver’s personal insurance.
Claim Filing and Insurance Negotiation
The lawyer will formally file insurance claims with Uber’s third-party insurer (often James River or a similar provider) and any other relevant insurers. They’ll handle communications to avoid any statements that could hurt your case. Most importantly, they’ll push for a fair settlement that covers medical expenses, lost wages, vehicle damage, pain and suffering, and potentially future earnings if you’re unable to drive.
Litigation if Needed
If negotiations don’t lead to a reasonable offer, the lawyer may file a personal injury lawsuit. In some cases, they’ll pursue a claim against other drivers involved, or even against Uber itself if negligence (like failing to deactivate a dangerous driver) is involved.
Throughout the process, your attorney handles the legal pressure, allowing you to focus on recovery and financial stability. They’ll also ensure deadlines are met—like California’s 2-year statute of limitations—and that your rights are protected every step of the way.
Are You Suing Uber Directly?
In most cases, Uber drivers don’t sue Uber directly. As mentioned earlier, their attorney usually files a claim against Uber’s commercial insurance provider. This is because Uber treats its drivers as independent contractors rather than employees, which limits the company’s direct liability. Filing a claim with the insurance provider is usually faster, less expensive, and more successful than trying to sue Uber.
However, there are situations where an Uber driver may have grounds to sue Uber directly. For example, if Uber was negligent in hiring or supervising a passenger or another driver who caused harm, a lawsuit may be appropriate. Similarly, if the Uber app malfunctioned in a way that contributed to the crash—such as by giving faulty directions or failing to display location data properly—Uber might be held responsible for technical negligence.
Additionally, if Uber or its insurance provider denies a valid claim without proper justification, the driver may be able to sue for bad faith insurance practices. In such cases, a skilled attorney can help the driver not only recover compensation for the original accident but also potentially obtain damages for the wrongful denial itself.
Can You Work for Uber Again If You Sued Them?
Technically, yes—you can work for Uber after suing them, but in practice, it’s complicated and often unlikely. Uber isn’t legally prohibited from allowing you to drive again after a lawsuit, but they’re also not required to keep you on the platform.
If your lawsuit or insurance claim was handled professionally and didn’t involve accusations of fraud, misconduct, or breach of Uber’s terms of service, you may still be eligible to drive for them. However, Uber has the right to deactivate any driver at its discretion, especially if the legal dispute involves their policies, safety concerns, or company liability.
For example, if you sued Uber over an accident but continued to meet driver requirements and were not deactivated, you could potentially keep working. But if your lawsuit included claims like negligence, unsafe practices, or wrongful termination, Uber may consider you a legal or reputational risk and choose not to reactivate your account—even if you win.
Do you have any questions about your accident as an Uber driver? Call Megeredchian Law 24/7 at (866) 359-0807.