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Can I Sue an Uber or Lyft Driver After a Car Accident?

Written by Jared Staver

Read Jared's Bio

Jared Staver is a Personal Injury Lawyer based in Chicago, Illinois and has been practicing law for over 20 years.

Jared Staver

CATEGORY: Auto Accidents


Today, Uber and Lyft have become ideal alternatives for those in need of a ride. But, while these rideshare companies are a convenient alternative, they are not without their issues. Even the safest driver can get into a car accident. If you are injured in an uber, the question you’re probably asking is, “Can I sue an Uber or Lyft driver for damages?”

Our uber accident lawyers can help evaluate your case and assess your options. For help with your case, do not hesitate to reach out to an experienced auto accident attorney at Staver Accident Injury Lawyers, P.C. Call (312) 236-2900 today to schedule a free consultation.

For-Hire Drivers Are Independent Contractors

If you decide to file a lawsuit after being in a rideshare accident, it is important to understand that you are suing an Uber or Lyft driver as an individual, not as an employee of the company. This is because rideshare drivers do not actually work for these companies, but rather they are employed as independent contractors. They drive their own car and are required to carry their own automobile insurance. All Uber or Lyft does is supply them with a smartphone app that allows them to locate people in need of a ride. The driver sets their own schedule and decides who they will pick up.

This setup allows Uber and Lyft to limit their liability when it comes to incidents like traffic tickets or car accidents. However, that doesn’t mean the companies don’t have any financial responsibility. In fact, both rideshare companies purchased $1 million underinsured motorist insurance policies to supplement the insurance carried by their drivers, if necessary.

Which Insurance Policy Covers An Accident?

While it’s comforting to know Uber and Lyft carry insurance in case their drivers need it, it’s important to know when you can file a claim that will be covered by this insurance. Is there a difference between when a driver is taking a fare somewhere, or when they’re just waiting for someone who needs a ride?

According to the insurance policies for both Uber and Lyft, there isn’t. Both companies offer coverage to drivers when:

  • They are logged into the company’s app and between fares
  • They are waiting for a person to request their services, or after they have accepted a ride request
  • They have a customer in the car

The policies also cover injuries sustained by a pedestrian or a bicyclist who is hit by an Uber or Lyft driver.

When an Uber or Lyft driver is logged out of the app, they are considered to no longer be working, so their own personal automobile insurance would cover any violations or accidents.

How a Chicago Uber Accident Lawyer Can Help

While it may sound simple to file a claim in a rideshare accident, it can actually be very complicated. If you were involved in an accident with an Uber or Lyft driver, or a driver had an accident while you were in the car, you may want to contact an Uber accident lawyer to help with your case.

Our attorneys at Staver Accident Injury Lawyers, P.C. are knowledgeable in the laws and policies concerning these rideshare companies. We will listen to your situation and explain what insurance policies cover you, your damages, and injuries. To schedule a no cost consultation, contact us at (312) 236-2900 today.

Free Consultation
(312) 236-2900
(312) 236-2900
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