Yes, you can sue Uber for an accident if an Uber driver’s actions caused your injuries. In some cases, you can pursue a claim against both the driver and Uber’s insurance coverage in North Carolina.
At the end of the day, whether or not you can sue Uber depends on what caused the crash and the status of the Uber driver in the moments leading up to the collision. To take legal action after a rideshare-related crash, call a Charlotte Uber accident lawyer immediately.
Liability Depends on the Driver’s Status at the Time of the Crash
Before you can sue Uber, your attorney will need to prove that the rideshare company is responsible for the events that caused your injuries. Uber accident cases usually ask one major question: What was the Uber driver doing in the app when the crash took place?
The status of the driver falls into one of these three categories:
- The driver had the app off and was driving for personal reasons
- The driver had the app on and was waiting for a ride request
- The driver accepted a ride or had a passenger in the vehicle
Each situation involves a different insurance policy and a different strategy. When victims try to handle these claims on their own, they often get caught in a back-and-forth conversation.
The driver’s personal insurer usually points to Uber while Uber’s coverage tries to argue that it’s the victim’s fault instead. If you’re wondering, “Can I sue Uber?” determining the driver’s status is usually the first step in getting a clear answer.
The Real Focus in Many Uber Cases Is Insurance, Not the App
Many victims assume a lawsuit is how compensation is paid. In rideshare accidents, however, the real fight usually happens between insurance companies. Based on the circumstances, coverage may come from:
- The Uber driver’s personal auto policy
- A rideshare policy that applies during certain periods
- The at-fault third party’s insurance if another driver caused the crash
- Uninsured or underinsured coverage in certain situations
What makes these cases so complicated is that multiple policies and adjusters are involved. Each one has an incentive to either minimize offers or deny payment altogether, which is why help from a lawyer can make all the difference.
How Passenger Status Affects Whether You Can Sue Uber
If you were a passenger at the time of the collision, you weren’t responsible for steering, braking, or choosing the route. That often makes liability easier to establish.
Even so, passenger claims are rarely simple, and they often involve:
- Fault on the part of the Uber driver
- Potential liability of another driver
- Shared responsibility between vehicles
- Disputes over whether Uber’s insurance coverage applies
Passengers also face a common challenge: everything moves fast after a crash. The ride ends, the app closes, the driver continues working, and evidence can quickly disappear.
If you were hit by an Uber driver as another motorist, cyclist, or pedestrian, whether you can sue Uber often depends on proving the driver was actively in “rideshare mode” so the correct insurance policy is triggered.
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The Role of Contributory Negligence in North Carolina Uber Accident Cases
In North Carolina, contributory negligence can prevent you from recovering compensation if you, as the injured party, are found even slightly at fault for the collision. These are examples of how insurers try to take advantage of contributory negligence:
- Claiming you changed lanes unsafely
- Stating that you were speeding at the time of the crash
- Suggesting you distracted the Uber driver as a passenger
- Showing that you weren’t wearing a seatbelt while in the back seat
- Asserting that you stepped into a crosswalk at the wrong time
This is also why recorded statements can be risky. You might try to be polite or reasonable in an effort to work with the insurance companies in good faith, but adjusters won’t hesitate to twist your words into arguments about fault. Don’t talk to them without your lawyer present.
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Damages You Can Usually Pursue When Suing Uber for an Accident
Many victims assume an Uber accident claim is limited to medical bills. While these expenses are important, they are not the full picture. Rideshare accident claims can involve compensation for the following costs associated with the crash:
- Medical expenses and future care needs
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress tied to trauma and recovery
- Loss of enjoyment of life
- Scarring or permanent impairment
Pain and suffering are a central issue in Uber accident cases because the impact of the crash often disrupts daily life in ways that aren’t always reflected monetarily.
Contact Us to Determine if You Can Sue Uber for an Accident
After getting into a collision with an Uber driver, you can take legal action against the rideshare company if the driver’s actions caused your injuries. However, the process of suing Uber is not as straightforward as it seems, especially with liability and insurance policies in mind.
Many people feel overwhelmed by unclear coverage rules and the fear of being denied, but you don’t have to worry about handling the legal process by yourself. At CR Legal Team, we provide Whole-Person Legal Care™ by supporting your financial, physical, and emotional needs.
We’ll walk you through legal documentation and insurance negotiations while helping you figure out what you need to fully recover. With over 100 years of combined legal experience, our firm has been Standing Up For our clients for more than 36 years. You can trust us to Stand Up For You®.
