Considering that Uber hires independent contractors as drivers, can you sue Uber for an accident? Or Should you sue the driver individually? In California, you can sue Uber for an accident in certain circumstances, even if drivers are classified as independent contractors. Whether you sue Uber, the driver, or both will depend on the specific facts of your case.
California Uber & Lyft accident lawyers at Megeredchian Law can help you determine liability, what damages can you claim compensation for, and seek maximum compensation on your behalf. Call us today at (866) 359-0807 to schedule a free consultation and clarify all your doubts and concerns. Hablamos Español.
Can You Sue Uber for an Accident? Or Should You Sue the Driver?
Let’s go back to our original question and take a deeper look at this distinction.
Although Uber drivers are classified as independent contractors, Uber provides up to $1 million in commercial insurance coverage when a driver is transporting a passenger or en route to a pickup. This means that in most accidents involving an Uber ride, you don’t need to sue the driver personally—you can pursue compensation through Uber’s insurance.
If another driver caused the crash and lacks sufficient insurance, Uber also provides up to $1 million in uninsured/underinsured motorist coverage. That said, filing a claim and navigating the legal process can be complex, which is why working with a personal injury attorney is crucial to ensure you meet all legal requirements and maximize your recovery.
While Uber provides up to $1 million in insurance coverage, it’s important to understand that this does not mean you’ll receive that payout. This amount is simply the maximum limit of what the policy could cover—not a guarantee. The actual amount you may recover depends entirely on:
- Proving the Uber driver was at fault
- Showing the extent of your injuries
- Documenting your damages, such as medical expenses, lost wages, and pain and suffering.
When Can You Sue The Driver Individually?
You can—or should—sue the Uber driver individually in the following situations:
The Driver Was Not Working (AKA App Was Off)
If the Uber driver caused an accident while not logged into the Uber app, they are considered a private individual, not acting on behalf of Uber. In this case, Uber’s insurance does not apply, and you’ll likely need to file a claim against the driver’s personal auto insurance. If that insurance is denied, inadequate, or the driver is uninsured, you may need to sue the driver personally to recover damages.
Uber’s Insurance Denies Your Claim
If Uber’s insurance company refuses to pay, offers an unreasonably low settlement, or claims the accident was outside coverage periods, you may sue the driver directly—especially if the driver was negligent and no other coverage is available.
Damages Exceed Policy Limits
If your damages exceed Uber’s available insurance limits and you believe the driver has assets or additional coverage, you may sue the driver personally for the difference. This is rare but possible in high-damages cases (e.g., brain injuries, paralysis), which should be handled by skilled catastrophic injury lawyers.
You Believe The Driver’s Behaviour Caused the Accident
If the Uber driver committed intentional misconduct (e.g., assault, DUI, or reckless driving), you may have grounds to sue them personally for punitive damages, regardless of insurance involvement.
Can You Sue Both?
Yes, you can sue both the Uber driver and Uber (through its insurance policy) in the same case.
This is often done to ensure that all possible sources of compensation are pursued, especially when it’s unclear who will ultimately be held liable or how insurance coverage will apply. If the Uber driver was at fault and was using the app or carrying a passenger, Uber’s $1 million commercial insurance policy may apply, but naming both parties in the lawsuit helps preserve your legal rights while coverage is determined.
Filing against both Uber and the driver is also a smart strategy when there are disputes about fault, when Uber’s insurance denies coverage, or when the driver’s personal insurance is insufficient. This approach puts pressure on all parties to resolve the claim and gives you the best chance of recovering full compensation for your injuries, medical bills, and other damages.
Accident Lawsuits You Could File Against Uber in California in 2025
Uber is not a new service in California. And the lawsuits against the company are not new either. All the legal disputes throughout the years have resulted in both financial settlements and modifications to Uber’s policies and business practices. As for the current year, here are the accidents you could claim compensation for to Uber:
Personal Injuries
Uber accidents that caused personal injuries or death to passengers, pedestrians, or other drivers. These people can sue Uber, whose personal injury settlement policy covers $50,000 per person and $100,000 per accident. Hiring California personal injury lawyers can make a great difference in obtaining maximum compensation.
According to Uber’s most recent U.S. Safety Report, published in August 2024, there were 101 motor vehicle fatalities reported in connection with Uber rides during the 2021–2022 period. This marks an increase from the 101 fatalities reported in 2019 and 42 in 2020. The report also notes that 99.9% of Uber trips occur without any safety-related incident.
Wrongful Death
When someone dies in an Uber-related crash, their family may be eligible to file a wrongful death lawsuit against Uber. Under California law, certain relatives—such as spouses, children, parents, or financial dependents—have the legal right to seek compensation after the loss of a loved one in an Uber accident.
To win such a case, the family must prove that Uber acted negligently or failed in its responsibilities, such as by hiring unsafe drivers or ignoring important safety protocols. If the court determines that Uber’s negligence caused the fatal incident, the family may be entitled to compensation for funeral expenses, medical costs, loss of income, and other financial and emotional damages.
In these cases, wrongful death attorneys can help families in many ways:
- Investigate the accident to determine fault and gather evidence.
- Prove negligence by Uber, the driver, or another party.
- Negotiate with insurance companies to pursue full compensation.
- File a wrongful death lawsuit and handle all legal paperwork.
- Seek damages for funeral costs, medical bills, lost income, and emotional loss.
- Provide legal guidance and support throughout the entire process.
Premises Liability Involving Uber Locations
Although not as common as ride-related claims, premises liability lawsuits show how Uber’s responsibilities extend beyond the app and the road. Uber can face premises liability claims if someone is injured at one of its physical locations—such as a Greenlight Hub, inspection center, or office facility.
These types of claims typically arise when a driver, applicant, or visitor is hurt while on the premises due to Uber’s negligence. For example, a driver slipping on an unmarked wet floor at an Uber Greenlight Hub could file a claim for medical expenses, lost wages, and pain and suffering.
Just like with any property owner, Uber can be sued under California’s premises liability laws if its failure to maintain safe conditions leads to injury; whether it is a driver or a client. Injured parties should document the conditions, seek immediate medical care, and consult with experienced, skilled premises liability attorneys.
Hire Experienced California Uber & Lyft Accident Lawyers
Claiming for compensation against Uber or Lyft can be tricky and it demands effort, legal knowledge, and wit. Hiring experienced California Uber & Lyft accident lawyers can make a great difference between obtaining the maximum compensation you deserve by law or just a portion of it. You also gain peace of mind while recovering from your damages.
Call Megeredchian Law at (866) 359-0807 to schedule a free consultation. Hablamos Español.