Who Can Be Liable in an Uber Accident? | Gonzalez Druker Law Firm

Who Can Be Liable in an Uber Accident?


If you get involved in an Uber accident, either as a rideshare passenger or someone outside of the Uber, it is important to recognize the differences between a Laredo Uber accident claim and a typical car accident case. When it comes to determining who is liable or financially responsible for an Uber accident, your options may exceed just the other driver.

The Uber Driver

All drivers in Texas must show proof of financial responsibility. Typically, this comes in the form of automobile insurance. Texas law requires drivers to carry at least $30,000 per person and $60,000 per accident in bodily injury liability insurance, in addition to $25,000 in property damage coverage.

Since Texas is an “at-fault” state, a driver who is found responsible for causing a car accident – including an Uber accident – is held liable. If the Uber driver was logged off the rideshare app at the time of the crash, his or her personal automobile insurance policy must be used. If the driver was logged into the app and actively driving for Uber, the company could face liability.

 Most drivers’ personal automobile insurance policies do not cover accidents that occur when the vehicle is being used for business purposes, including ridesharing. To make up for this lack of coverage, Uber provides its own commercial insurance on behalf of its drivers.

Uber

The driver’s status within the app determines the amount of insurance coverage available from Uber. If the driver is online and available for a trip, Uber offers up to $50,000 per person and $100,000 per accident in bodily injury coverage, as well as $25,000 in property damage liability insurance. 

Once the driver has accepted a ride request and is en route to pick up the passenger (or has the rider in the vehicle), Uber offers up to $1 million in liability coverage for riders and third parties injured in the accident.

Since Texas law classifies rideshare drivers as independent contractors, it is generally not possible to hold Uber vicariously liable for a driver’s mistake as you would a typical employer. However, you may have grounds for a lawsuit against Uber for its own acts of negligence, such as negligent hiring or retention practices.

Third Parties

If someone other than the Uber driver is at fault, you may be able to recover financial compensation from this party’s insurance provider. This includes another motor vehicle driver, a trucking company or business, the manufacturer of a defective vehicle part, or the government for an unsafe roadway. In some cases, more than one party can share fault for an Uber accident in Texas.

How to File an Uber Accident Claim in Texas

If you get hurt in an Uber accident, report the crash to the police and get medical care for your injuries. Gather information, including the Uber driver’s information, witness details, and photographs of the crash scene. If you were a rideshare passenger, take a screenshot of your ride information in the Uber app.

When you are ready to seek financial compensation, bring your case to a car accident attorney in Laredo for a free consultation. A lawyer can carefully review your situation to identify the liable party or parties. If the lawyer offers to represent you, he or she can take over settlement negotiations to improve your case outcome.