Accidents involving Uber aren’t straightforward. They raise complicated questions, especially in California, where app-based work, gig economy laws, and layered insurance policies collide.
Whether you’re a passenger, another driver, or even the Uber driver, what happens next depends on multiple factors, including who was at fault, when the crash occurred, and whether Uber’s insurance applies.
Understanding your rights under California law is key. In this guide, we break down what to do if you’re in an Uber crash, what protections are available, and how an experienced Uber accident attorney in Los Angeles can help you prove fault and pursue real compensation.
What Happens If You Get in an Accident While Driving for Uber?
If you’re behind the wheel when an accident happens, your legal and financial exposure hinges on whether the Uber app was active, and if so, what stage of the ride you were in.
California law and Uber’s insurance policy define three distinct phases:
Understanding Uber’s Tiered Insurance Coverage
- When Your App is Off: You are considered a regular driver. Only your personal insurance policy applies. Uber provides no support at this stage.
- When Your App is On, But No Ride is Accepted Yet: Uber provides contingent liability coverage
- Up to $50,000 per person for bodily injury
- $100,000 total per accident
- $25,000 for property damage
- Up to $50,000 per person for bodily injury
- When a Ride is Accepted or a Passenger is Onboard: Uber’s $1 million liability coverage kicks in, along with:
- Uninsured/Underinsured Motorist coverage
- Contingent comprehensive & collision coverage (if you already have personal comp/collision coverage)
Note: Uber’s liability insurance applies when you’re at fault and someone else is injured or their property is damaged. Coverage for repairing your own vehicle applies regardless of fault, but only if you have personal collision and comprehensive insurance and are responsible for Uber’s $2,500 deductible.
What if You’re Partially at Fault?
Under California’s pure comparative negligence law, even if you’re partially at fault, you may still receive compensation, but your percentage of fault will reduce it.
Example: If you’re found 30% responsible for the crash, your total award will be reduced by 30%.
Why Reporting the Crash Matters
Failing to report the crash properly to both Uber and local authorities can jeopardize your insurance eligibility, delay or prevent compensation, and affect your driver’s standing with Uber.
If you’ve been in an accident, be sure to follow the steps outlined in What to Do After a Car Accident in California to protect your legal rights.
Can I Sue Uber for an Accident?
This is one of the most common and misunderstood questions we get. Here’s what you need to know:
Why You Usually Can’t Sue Uber Directly
Uber drivers are independent contractors, not employees. That legal classification shields Uber from direct liability in most crash scenarios, per California labor and tort law.
So, Who Do You Sue or File Against?
- You file a claim through Uber’s insurance, depending on the driver’s app status (as explained above).
- If Uber denies the claim, your lawyer may file suit against the at-fault driver, not Uber.
When Can You Sue Uber Directly?
Only in rare negligence cases, such as:
- Uber failed to deactivate a driver with a known history of reckless behavior
- Uber’s platform malfunctioned or misled passengers, contributing to the crash
These are complex claims that often require expert testimony and subpoenaing Uber’s internal records. Suing Uber directly or going through their insurance, you still have recourse.
Proving Fault in an Uber Accident
Proving who’s responsible is the foundation of any injury claim, and in rideshare cases, it’s more technical than most.
Essential Evidence to Establish Fault
- Police Reports – Officers typically determine initial fault at the scene. Their report often includes crash diagrams, citations, and eyewitness statements.
- Uber’s Digital Records – Uber logs the exact route, the time the trip started and ended, and speed and location via GPS. These logs can support or contradict other evidence.
- Dashcam and Phone Footage – Dashcams, cell phone videos, and even ride recordings may offer visual proof of fault or reckless behavior.
- Eyewitness Testimony – Neutral third parties can help validate your version of events, especially if the drivers disagree.
Can You Still Drive for Uber After an Accident?
Uber doesn’t have a one-size-fits-all deactivation policy. Here’s what typically happens:
Minor Accidents = Review, Not Removal
If no one is injured and the damage is minimal, Uber will often just review the case. They may request documentation, such as:
- Dashcam footage
- Police reports
- Your written explanation
At-Fault or Severe Accidents = Possible Deactivation
If you’re found to be fully or mostly at fault in:
- DUI-related accidents
- Crashes involving serious injuries or fatalities
Uber may suspend or permanently deactivate your account.
How a Lawyer Can Help
If you’re unfairly blamed or if the situation is unclear, an attorney can:
- Help gather and present evidence
- File appeals within Uber
- Protect your ability to continue driving and earning
So, can you still drive for Uber after an accident? The answer depends on the circumstances, and strong legal support can make all the difference.
Why You Need a Los Angeles Uber Accident Attorney
Rideshare crashes aren’t like typical fender benders. You’re dealing with multi-party liability, conflicting insurance policies, app data, independent contractor rules, and more.
Here’s how an attorney helps you navigate them:
1. Knowledge of Rideshare-Specific Law
Uber cases involve layered insurance, independent contractor provisions, and digital evidence. An average personal injury lawyer may not have the right tools or experience.
2. Access to Internal Uber Records
Uber doesn’t just hand over logs and incident history. A seasoned attorney can:
- Subpoena trip data and complaint records
- Identify past complaints against the driver
- Use this to build your case
3. Maximize Your Compensation
A qualified Uber accident attorney will:
- Calculate current and future medical costs
- Document wage loss and emotional distress
- Negotiate or litigate for full and fair compensation
It is known that accident claims involving rideshare platforms can delay resolution and reduce victim payouts due to unclear liability. Legal help bridges that gap.
Conclusion
Uber accidents are legally complex and emotionally draining. Whether you’re a driver, passenger, or someone hit by an Uber car, the outcome depends on the evidence, app status, fault rules, and insurance interplay.
Don’t try to handle it by yourself.
At Court House Lawyers, we’ve helped a lot of Californians navigate the aftermath of rideshare accidents. We know the system. We know the loopholes. And we know how to fight for what you deserve.
Contact us today for your free consultation. We’ll explain your rights, help you collect the strongest evidence, and work relentlessly to secure the compensation you’re owed.
