Can You Sue Uber for an Accident in Las Vegas?

Whether you can sue Uber for accident injuries and damages directly depends on certain facts surrounding the crash.

Uber often claims that drivers are independent contractors, which may limit Uber’s direct liability. However, you may still try to get compensation through Uber’s insurance policies. Whether you can sue Uber after an Uber driver gets in an accident depends largely on the driver’s app status.

When Uber Insurance May Apply

Uber’s commercial insurance coverage may apply when a driver:

• Has accepted your ride request
• Is transporting you
• Causes an accident during your trip while using the app

This may apply not only to passengers, but to pedestrians, bicyclists, or people in other vehicles.

Situations Where Uber Could Potentially Share Liability

In rare cases, Uber might be responsible for an accident. This can happen if they don’t screen drivers well, keep unsafe drivers in the app (called negligent retention), or ignore safety issues. In these situations, a direct claim against Uber may be possible, but these claims are fact-specific and usually require substantial evidence. 

When Claims May Only Involve the Driver

If the Uber driver was not logged into the app during the crash, Uber’s commercial coverage may not apply. Claims would instead go through the driver’s personal insurance policy.

Rideshare insurance rules can vary by state, and Uber provides certain commercial insurance coverage during specific phases of rideshare activity. The coverage that applies often depends on whether the driver was offline, waiting for a ride request, or actively completing a trip.

Higher insurance limits may affect the coverage available after a crash, but compensation still depends on liability, damages, and policy terms. However, Uber insurance coverage often depends on the driver’s status in the Uber app at the time of the accident.

If the Uber App Was Off

If the driver was completely offline, Uber insurance generally provides no coverage. Claims usually proceed through the driver’s personal insurance policy. Insurance companies may require rideshare drivers to have a rideshare endorsement for coverage. If they do not have one, the insurance claim may be denied.

When the Driver Is Logged into the App

If the driver is logged into the app but hasn’t yet accepted a ride request, limited liability coverage might apply. Coverage amounts, according to Uber, are at least:

• $50,000 per person and $100,000 per accident for injuries
• $25,000 in property damage per accident

Coverage amounts may change over time and should not be considered guaranteed.

Coverage During Active Rides

When a driver accepts a ride request or takes a passenger, higher commercial coverage may apply, although available compensation depends on the facts, coverage, and damages.

Uber’s $1.5 Million Coverage

Uber may provide at least $1.5 million in third-party liability coverage. This applies when a driver accepts a rideshare request or is transporting passengers. This insurance covers at least $1,500,000 per accident. It also covers injuries to riders and third parties if the driver is at fault.

Coverage depends on a few key factors:

• Fault determination (who is at fault)
• Policy terms based on the circumstances
• App status at the time of the crash
• Damage severity

Multiple Insurance Policies

Uber accident claims may involve Uber’s commercial insurance, the driver’s personal insurance, and another driver’s insurance. Uber’s insurance may include uninsured or underinsured motorist coverage during active rides in some cases.

Insurance companies might argue about which policy applies or how to divide fault. Each insurer may try to limit its financial responsibility. This can cause delays in claims. It may help to speak with legal counsel before giving statements to insurance providers.

Passengers or other victims may pursue a claim if the Uber driver acted negligently and caused a crash.

Distracted, Reckless, or Impaired Driving

Negligent conduct that can cause a crash may include reckless actions like:

• Texting during your trip
• Unsafe GPS use 
• Speeding or other reckless driving
• Aggressive driving
• Violations like running red lights or stop signs, unsafe lane changes
• Driving while fatigued or drowsy
• Impaired driving (drugs or alcohol)

This risk may increase because Las Vegas rideshare drivers often work late at night near busy attractions.

Evidence of the driver’s negligent behavior may include phone records, dashcam footage, surveillance videos, witness testimony, or app activity records. It may also include items like police reports, medical records, and photographs of the vehicle damage. 

What Victims Generally Need to Prove

Most Uber injury claims involving driver fault generally require evidence showing that:

• A duty of care existed, meaning that they had a duty to drive and act safely and responsibly
• The driver breached that duty
• The breach of duty caused the crash
• Damages resulted from the accident such as medical bills or lost wages

The evidence has to show that all four of these things occurred.

Many Uber crashes involve negligence by another motorist, not the rideshare driver. Passengers may still pursue a claim regardless of which driver caused the collision.

Claims Against Other Drivers

Victims can seek compensation from other negligent drivers. 

If the at-fault driver does not have enough insurance, uninsured or underinsured motorist coverage may become important. During an active trip, additional coverage may be available depending on the policy and facts of the crash.

Shared Fault in Nevada

Nevada lets you file compensation claims against several negligent parties if multiple drivers caused the crash. This means that multiple insurance companies may be involved. Insurance companies frequently dispute fault percentages, meaning who is most at fault, in these cases, which can delay claims.

Uber accidents can lead to physical and emotional injuries. These may include traumatic brain injuries, whiplash, spinal injuries, fractures, and more. Emotional injuries may lead to anxiety, depression, PTSD, or fear of driving. 

These injuries can all have lasting effects on your well-being.

Symptoms of traumatic brain injury may include headaches, dizziness, confusion, memory problems, and mobility limitations. Severe injuries may require surgery, rehabilitation, or long-term treatment.

Victims may be able to seek compensation for injury-related losses, depending on the facts.

Compensation varies based on several factors: injury severity, insurance coverage, liability evidence, and long-term medical effects.

Medical Expenses

Compensation for injuries may include the costs of:

• Emergency treatment
• Surgery
• Hospitalization
• Physical therapy
• Rehabilitation
• Prescription medications
• Future medical care

Be sure to keep careful records of all your medical care and expenses.

Lost Income and Reduced Earning Capacity

Victims may seek compensation for:

• Missed work
• Reduced hours
• Lost business income
• Career limitations

Records of missed work, lost business income, and medical restrictions may help support this part of the claim. Also, gather medical records showing your physical or mental limits. You may also need expert testimony about these limitations.

Pain and Suffering

Non-economic damages can cover:

• Physical pain
• Emotional distress
• Disability
• Mental suffering
• Reduced enjoyment of life

Mental health records, personal journals, and statements from people close to you may help show how the injury affected your daily life.

Property Damage and Punitive Damages

Compensation may also include damaged personal property and certain accident-related expenses.

Punitive damages are rare. They usually involve serious actions, like drunk driving or intentional wrongdoing. The compensation awarded is generally intended to punish the defendant for their misconduct.

The steps you take after a rideshare accident may affect your health, insurance claim, and ability to preserve evidence.

Call 911 and Seek Medical Care

After a serious collision, you should call 911, request emergency assistance, and seek medical evaluation immediately. Keep in mind that some injuries may not appear immediately after the accident. 

For example, you may feel neck or back pain the following day. Head injuries also may seem minor at first. However, they need a full evaluation by a healthcare provider.

Report the Accident Through Uber

Uber allows users to report accidents through the app. Be sure to keep screenshots of the ride and trip details. You may need to provide these to Uber and have them as evidence in the claims process.

When you report the crash to Uber, be sure to stick to factual information. Don’t make accusations when it comes to fault.

Gather Evidence

Important evidence for your case may include:

• Driver’s information
• Insurance details for all drivers involved
• Photographs of the scene, damage, etc. 
• Witness contact information
• Uber ride screenshots
• Vehicle damage photos

Gather as much evidence as you can at the accident scene, but if you’re injured, getting medical care should come first.

Be Careful with Insurance Adjusters

Insurance companies might try to get recorded statements from you on the phone or in person that can be used as evidence. They may also claim that your injuries are not as bad as stated, shift blame to other parties, or offer quick, lowball settlements. 

It might seem like the easy route for you to take a quick settlement, but early settlements often don’t consider your future medical needs or longer-term health issues. For that reason, legal guidance may be helpful before accepting an early settlement.

Rideshare claims can involve multiple insurers, disputed app activity, and questions about fault. These issues can make the claims process more difficult than a standard car accident case.

Insurance and App Activity Disputes

Insurance companies might try to argue about a few different facts. They may question if your driver was even using the app at the time of the crash. They could question if Uber’s coverage is valid due to your driver’s app status. They may disagree on which insurance policy kicks in first. 

All of these arguments can make your case take longer. Be sure to document as much evidence about your trip as possible yourself in case of these kinds of disputes. Evidence needed may include ride timestamps, GPS records, app screenshots, and other digital trip data. 

Low Settlement Offers

Quick settlement offers might overlook factors like future medical treatment, chronic pain, ongoing treatment, and lower earning potential. For this reason, it may help to review any early settlement offer carefully before accepting it.

A Las Vegas Uber accident lawyer may help investigate the crash, preserve evidence, review insurance coverage, communicate with insurers, and evaluate damages. If a fair resolution is not possible, a lawyer may also help pursue litigation or mediation when appropriate. 

If you were injured in an Uber accident in Las Vegas, a rideshare accident lawyer may help you understand your insurance options, investigate the crash, and evaluate possible next steps.

Free Consultation Information

Many personal injury law firms provide free consultations. During these meetings, they review the accident details, injuries, insurance matters, evidence, and potential next steps.

Get a Free Consultation for an Uber Accident Lawsuit from Winder Law Firm.

What To Bring to Your Consultation

Helpful documents may include police reports, medical records, photographs, insurance correspondence, Uber ride screenshots, witness information, and proof of lost income.

Come see us, we are located at:
7785 W Sahara Ave Suite 100, Las Vegas, NV 89117