Can You Sue the Driver and Uber in the Same Lawsuit?
Getting into an accident involving an Uber vehicle can turn your life upside down. Whether you were a passenger, another driver, or a pedestrian, you may face injuries, medical bills, and emotional trauma that can linger long after the crash. The confusion that follows such an event can be overwhelming.
Murphy, Kinney & Sumy, LLC’s St. Joseph, MO Uber accident lawyers make sure that you are not alone in the process. They assist clients in determining who can be held liable, explaining how to proceed with legal claims, and fighting to recover fair compensation. Reach out to the firm today to discuss your options with one of their skilled attorneys.
Who Can Be Held Liable in an Uber Accident?
Determining who’s at fault in an Uber crash can be far more challenging than in a standard car accident. In many cases, liability doesn’t rest with one party alone. Multiple individuals or entities may share responsibility depending on how the collision occurred and what stage of the ride the driver was in at the time. Potentially liable parties include:
The Uber driver: If the driver was distracted, speeding, impaired, or violating traffic laws, they could be personally responsible for the accident, especially if their reckless behavior directly caused injuries or property damage to others involved.
Uber as a company: Uber may be held liable if the driver was actively working during the ride, depending on their contractual status and Uber’s insurance policies, particularly when the company’s oversight, app functions, or ride-tracking contribute to unsafe conditions.
Third-party drivers: Another motorist’s negligence may have contributed to the crash, such as by running a red light, following too closely, or driving aggressively, creating circumstances that lead to a collision involving the Uber vehicle.
Vehicle manufacturers or mechanics: If a defective part or poor maintenance contributed to the accident, those entities could also share fault by producing faulty components, skipping essential safety inspections, or failing to repair known mechanical issues that endangered passengers and others.
The key factor in determining who to sue often comes down to the driver’s status at the time of the collision. Whether they were waiting for a ride request, en route to pick up a passenger, or transporting one already affects how Uber’s insurance coverage applies.
With multiple parties and varying legal standards, it’s easy for victims to feel lost about where to direct their claim. That’s where personal injury lawyers play an important role—they analyze the situation, determine fault, and help victims pursue justice against all responsible parties.
The Relationship Between Uber and Its Drivers
One of the central issues in Uber accident cases involves the company’s relationship with its drivers. Uber classifies its drivers as independent contractors, not employees, which complicates matters of liability. This classification means Uber often argues that it isn’t directly responsible for a driver’s negligence.
However, courts and state laws have begun to challenge this notion, especially as Uber’s control over drivers has increased through its app-based system. For example, Uber sets ride fares, manages driver ratings, and can suspend drivers for poor performance—all indicators of an employer-like relationship.
When an accident occurs, the driver’s classification plays a major role in whether you can sue Uber in addition to the driver. If the driver acted within the scope of their duties (such as transporting a passenger), Uber’s insurance may cover the damages. But if the driver was off the clock or using the car for personal reasons, liability may fall solely on the driver.
This distinction can become the deciding factor in whether both parties can be sued in the same lawsuit, and rideshare accident lawyers help clarify those boundaries for victims seeking fair compensation. Reach out to Murphy, Kinney & Sumy, LLC today to learn more.
When You Can Sue Both the Driver and Uber
In many cases, victims can pursue claims against both the Uber driver and Uber itself. This often depends on whether the driver was actively using the Uber app and providing rides at the time of the crash. For instance, if the driver was transporting a passenger, Uber’s $1 million liability policy usually applies during active rides.
Likewise, if the driver was en route to pick up a passenger, Uber’s insurance coverage can still apply, though the limits might differ. Uber may also share responsibility if it fails to properly vet or monitor the driver.
Ignoring warning signs—such as a poor driving record, safety complaints, or prior incidents—can make the company liable for negligence. Additionally, Uber could be held accountable under negligent hiring or retention claims if it allowed a dangerous driver to continue operating on its platform despite known risks.
In these situations, both the driver and Uber may share fault for the same event. Filing a single lawsuit that names both parties can streamline the legal process, allowing the court to allocate responsibility between them. Your Uber accident attorneys can determine when dual liability applies and take action to hold both the individual driver and the rideshare company accountable.
How Uber’s Insurance Coverage Works
Uber maintains different insurance coverage levels depending on what the driver was doing at the time of the collision. This tiered system directly affects whether victims can sue Uber and how much compensation they might recover. The coverage typically breaks down as follows:
App off: When the driver isn’t using the Uber app, their personal auto insurance applies, and Uber provides no coverage.
App on but no passenger accepted: Uber provides limited liability coverage, generally up to $50,000 per person and $100,000 per accident for bodily injury.
Driver en route to pick up or transporting a passenger: Uber provides up to $1 million in third-party liability coverage, which may apply to injured passengers or others affected by the crash.
While these policies sound straightforward, applying them in realistic cases can be challenging. Insurance companies may dispute coverage based on the driver’s status, timing, or conduct during the ride. Victims may need to prove exactly when the accident occurred relative to app activity.
This is where your Uber accident lawyer provides vital assistance. They gather phone records, trip data, and GPS logs to determine coverage eligibility, preventing insurance carriers from denying valid claims.
Challenges in Proving Liability Against Uber
Suing Uber isn’t as simple as suing an individual driver. The company uses sophisticated legal strategies to distance itself from liability and protect its business model. Victims face several hurdles when attempting to prove Uber’s role in an accident. Common challenges include:
Independent contractor defense: Uber often claims it isn’t liable because drivers aren’t employees, arguing that it doesn’t control their actions or schedules, which limits the company’s direct responsibility for crashes or negligent conduct during rides.
Disputed app usage: The company may argue the driver wasn’t logged in or on duty at the time of the crash, attempting to deny coverage or shift blame by questioning the driver’s activity status in the app.
Multiple insurance carriers: Coordination between Uber’s insurers and the driver’s personal policy can delay or complicate compensation, as each carrier may dispute coverage responsibilities, leading to prolonged investigations and delayed payments for victims.
Data access: Uber holds crucial digital records—like app activity and GPS tracking—that are difficult to obtain without legal action, often requiring subpoenas or court orders to access evidence essential for proving liability and damages.
These challenges make it especially important to have experienced auto accident attorneys like Murphy, Kinney & Sumy, LLC involved from the start. They know how to subpoena records, counter Uber’s defenses, and establish clear evidence of negligence.
What Compensation Can Victims Recover?
When victims pursue legal action against Uber, the driver, or both, they may be entitled to various forms of compensation depending on the nature of their injuries and damages. Common recoverable damages can include medical expenses, which cover emergency treatment, hospitalization, surgeries, rehabilitation, and ongoing care required for recovery.
Victims may also claim lost income for time missed at work, reduced earning capacity, or long-term disability that affects their livelihood. Property damage is another key element, providing reimbursement for repairing or replacing vehicles and other damaged belongings.
Compensation for pain and suffering addresses the physical pain and emotional distress caused by the accident, while loss of enjoyment of life applies to those whose injuries prevent them from resuming normal daily activities.
Each case is unique, and determining the full value of damages requires a thorough assessment of both economic and non-economic losses. Your lawyer will collaborate with medical professionals, financial professionals, and investigators to build a complete understanding of how the crash has affected their client’s life.
Get Legal Assistance Today
The experienced Missouri car accident lawyers at Murphy, Kinney & Sumy, LLC can guide victims through this complex process, ensuring that all responsible parties are held accountable and that claims are properly filed.
If you or a loved one has been involved in an Uber-related accident, don’t face the aftermath alone—reach out today to protect your rights and pursue the compensation you deserve.
Murphy, Kinney & Sumy, LLC proudly represents individuals throughout St. Joseph, Missouri, as well as Kansas City, Lee's Summit, Blue Springs, Grain Valley, Parkville, Liberty, Belton, Overland Park, Leawood, Prairie Village, and North Kansas City who’ve been harmed in Uber-related accidents.
