Uber Rideshare Accident Lawyer

Every day, people are injured while riding in Uber vehicles—either as passengers or bystanders. When those injuries are serious, the aftermath is overwhelming. The good news is that Uber carries a $1 million liability policy that can provide substantial compensation in the right circumstances. The personal injury lawyers at Miller & Zois know how to navigate these cases and fight to get our clients the full value of their claims.

Why Uber Accidents Happen

Uber drivers are not professionals. They are everyday drivers using their own vehicles, often without specialized training or commercial licenses. They are under pressure to take more trips, follow GPS directions, and keep passengers happy. That combination leads to mistakes, and those mistakes ultimately result in crashes.  Because Uber passengers are frequently not wearing seatbelts, we see higher rates of ejection and severe injury.

Some of the most common causes of Uber-related car accidents include:

• Distracted driving (especially from the app or passenger interaction)

• Fatigue from driving long hours

• Disregard for traffic signals and rules

• Driving under the influence

Uber drivers also face unique distractions. Many are trying to respond quickly to new ride requests while navigating unfamiliar routes. They may feel pressured to drive faster or take risks to earn better ratings and tips.

Injuries in Uber Rideshare Car Accidents

The types of physical injuries that are common in Uber rideshare accidents are pretty much the same as in other car accident cases, except that passengers are more frequently involved in Uber accidents. Just like in regular accident cases, physical injuries to drivers and passengers in Uber accidents can range from minor to very severe, and everything in between.

Our Uber rideshare accident lawyers can help you get the most compensation for any type of physical injury incurred in the accident, including:

Herniated Discs: A herniated disc injury is very common in auto accidents, especially high-impact collisions in which one vehicle is stationary (e.g., rear-end collisions). A disc herniation can occur in the cervical or lumbar region and cause chronic pain. Steroid injections, physical therapy, and in serious cases, fusion surgery are the common treatment options. The average settlement payout in herniated disc accident cases is around $65,000 to $110,000.

Back/Neck Sprains: Back sprains and neck sprains (whiplash) are the most common type of injury in auto accidents, particularly rear-end collisions. Although these injuries are usually relatively minor, some cases can be severe and cause chronic, debilitating pain. The average settlement value for whiplash in auto accident cases ranges from $6,000 to $25,000, depending on the severity.

Bone Fractures: Bone fractures can occur even in relatively low-speed auto accidents. The most common types of fractures we see in Uber auto accidents are broken ribs, leg fractures, and arm fractures.

Pain & Suffering: In addition to the physical injuries suffered in a Uber rideshare accident, accident victims are also entitled to compensation for mental pain and suffering associated with those physical injuries. This can often be a big part of the total settlement.

Holding Uber Rideshare Drivers Liable for Accidents

Holding an Uber rideshare driver liable in an auto accident case is somewhat more complicated than establishing liability in a normal accident case. Fault for an accident is determined based on the same traffic rules as all other drivers. The more involved issue, however, is whether Uber (and its big liability policy) or the individual driver (and their smaller policy) has financial liability.

Uber rideshare drivers are independent contractors, not employees, which means that Uber is not automatically liable whenever one of these drivers causes an accident, even if they are at fault. All Uber drivers are required to carry their own personal auto insurance policy. The big Uber insurance policy applies in certain cases, and when it doesn’t, you have to pursue the driver’s personal insurance.

When Does Uber’s Liability Coverage Apply?

When the accident happened, what the Uber driver was doing at that moment can make or break your case.

If you were a passenger in the Uber when the crash occurred, there is no gray area. Uber’s full $1 million liability policy applies. Period. You were under their umbrella, and they are responsible.

If the driver was on the way to pick someone up or was in the middle of a ride, Uber’s insurance still covers the crash. That means up to $1 million in coverage for injuries, medical bills, pain and suffering, and more.

Now, if the driver was logged into the Uber app but had not accepted a ride, the coverage gets thinner. In that situation, Uber offers limited liability insurance—bare-bones coverage that might not be enough to cover serious injuries. Still, it is something. And we will fight to make sure you get every penny of it.

But if the Uber app was completely off, you are not dealing with Uber anymore. At that point, the only coverage available is the driver’s personal auto insurance, which is often minimal, typically ranging from $20,000 to $30,000 in coverage. And if your medical bills alone are higher than that, you could be in trouble.

This is why it is critical to have an experienced rideshare accident lawyer who understands these distinctions. We dig into the app data. We subpoena records. We hold Uber accountable when their policy is supposed to apply.

Do not guess whether Uber’s policy covers your crash. We will tell you exactly where you stand—and we will fight to make sure you do not get shortchanged.

When Does Uber’s Liability Insurance Apply?

If your injuries occurred while you were a passenger in an Uber ride-share, then Uber’s liability insurance coverage always applies. Uber always has direct liability for injuries to passengers.

When an Uber driver causes injuries to other drivers, Uber’s liability (and the application of its insurance) will turn on the status of the Uber driver at the time the accident occurs.

Uber provides insurance coverage for their drivers during different stages of their ride or delivery. When a driver is offline or the Uber driver app is off, the driver’s personal insurance policy applies. When the driver is “available” to accept passengers or waiting for a ride or delivery request, Uber provides third-party liability coverage, but only IF the driver’s personal auto insurance doesn’t apply.

When the Uber driver is picking up or has a passenger in the vehicle, Uber has direct liability and will provide third-party liability coverage, uninsured/underinsured motorist bodily injury and/or first-party injury insurance, and contingent comprehensive and collision coverage with up to the actual cash value of the car with a $2,500 deductible.

What Damages Can You Get in an Uber Rideshare Accident Case?

Our experienced car accident lawyers can help make sure that you get maximum compensation by including all available types of damages in your case. Common Uber rideshare accident damages include:

• Lost Income: Past and future lost wages or lost/reduced income resulting from injuries sustained in the accident can be included in damages.
• Medical Expenses: Damages can be awarded for all past and future medical treatment expenses resulting from injuries caused by the accident, even if these expenses are covered by health insurance.
• Pain & Suffering: Plaintiffs are entitled to compensation for mental pain and suffering caused by the injuries they suffered in the accident. This can be a very big portion of your overall settlement.

Uber Sex Abuse Class Action Lawsuit 

Uber is confronting a slew of lawsuits claiming sexual assaults by its drivers. Uber sexual assault lawsuits are consolidated into a new class action MDL in California. This means that all future federal lawsuits alleging sexual assault by Uber drivers will be transferred into the MDL. There is also a strong state court docket in California.

• Lyft Driver Sex Abuse Lawsuits

Uber Rideshare Car Accident Settlements & Verdicts

Below are summaries of verdicts and publicly reported settlements in prior auto accident cases involving Uber rideshare drivers.

• $7,000,000 Verdict (Florida 2024): The plaintiff, a 15-year-old male, was a passenger in an Uber vehicle when it was t-boned by a drunk driver who ran a red light in Broward County. The Uber vehicle, a 2022 Chevy rented through the Hertz-Uber rental program, was struck by an uninsured driver. The plaintiff was unbelted in the back seat and was ejected from the vehicle, suffering a traumatic brain injury diagnosed as post-concussion syndrome. He experienced memory issues, sleep disruption, anxiety, and social withdrawal, ultimately dropping out of traditional high school to complete his senior year virtually. His mother filed suit after Southern-Owners Insurance Company refused to honor their underinsured motorist coverage. The jury awarded $1 million for future medical expenses, $1.5 million for past pain and suffering, and $4.5 million for future pain and suffering.
• $6,700,000 Verdict (California 2024): A pedestrian was struck by an Uber vehicle while jogging in Los Angeles. The plaintiff suffered multiple fractures and a traumatic brain injury. The jury found Uber liable due to the driver’s negligence and awarded $6.7 million in damages.
• $90,000 Verdict (Pennsylvania 2023): The plaintiff, a 29-year-old female, was injured in a collision while driving as an Uber driver. The plaintiff reported injuries of C2-C5 and L4-L5 disc herniations leading to cervical and lumbar radiculopathy, as well as a concussion with headaches. She received a policy limit settlement from the at-fault driver and then sought additional compensation under Uber’s UIM coverage.
• $500,000 Settlement (New York 2023): A male passenger was harassed and physically assaulted by his Uber driver in New York City. The passenger suffered minor injuries and emotional distress. Initially, Uber dismissed the claim, but the passenger sought legal counsel and secured a $500,000 settlement, highlighting the company’s inadequate response to safety complaints
• $100,000 Settlement (New York 2022): The plaintiff, nine years old, reportedly was a pedestrian at or near an intersection, emerged from between two parked vehicles, and was struck by a vehicle operated by an Uber driver on his way to pick up a passenger. The plaintiff suffered a fracture of the shaft of the left femur and underwent surgical repair. The family filed an Uber accident lawsuit. Uber was directly liable based on the status of the driver at the time of the accident.
• $575,665 Verdict (Iowa 2021): The plaintiff was a passenger in the back seat of an Uber vehicle when the vehicle was struck by another car that was drag racing nearby. The plaintiff suffered significant injuries, including aggravation of a shoulder injury. He settled with the at-fault driver for policy limits and then pursued a UIM claim against Uber.
• $15,000 Settlement (New York 2021): Plaintiff, a minor, was a passenger in a car when it was struck by an Uber vehicle while carrying a rideshare passenger. The plaintiff claimed various back injuries, and Uber settled the claim.

New Appellate Court Ruling on Arbitration

In a recent decision by the Pennsylvania Superior Court, the court overturned a prior judgment that had mandated arbitration in a lawsuit against Uber brought by a couple who argued that their consent to Uber’s terms and conditions did not constitute a legitimate agreement to arbitrate.

In this case, a woman who uses a wheelchair for mobility assistance had utilized Uber’s app to secure transportation home from a medical appointment. The responding driver secured the woman’s wheelchair with pre-positioned retractable hooks but failed to provide her with a seatbelt, despite her request. During the ride, the driver allegedly made an aggressive left-hand turn, causing the woman to fall out of her wheelchair and strike her head, resulting in her losing consciousness.

The question is whether she could be held to an arbitration clause she agreed to using the app. The court, reinforcing an earlier opinion by a three-judge panel, said no. The court, thankfully, was concerned about the prevalence of such arbitration agreements in digital contracts and their potential impact on the right to a jury trial, especially when one party holds significant bargaining power and voids the agreement.

Hire an Uber Accident Lawyer

Filing an Uber accident lawsuit can be very different from a typical car accident claim. Unlike traditional auto accidents, rideshare collisions introduce complex insurance coverage questions and multiple layers of liability. Whether you were an injured passenger, a pedestrian, or the driver of another vehicle struck by an Uber, the legal and financial stakes can be high, and so can the potential recovery. You want the best lawyer you can find.

Our law firm handles major auto accident cases nationwide. If you have an accident claim against Uber or another rideshare company, contact our accident lawyers today for a free consultation. Call us at 800-553-8082 or contact us online.