---
title: "Who Can You Sue If You Get Hit by an Uber? 6 Potential Defendants"
url: https://insideraccidentlawyers.com/who-can-you-sue-if-you-get-hit-by-an-uber/
type: post
date: 2026-08-27
modified: 2026-08-27
markdown_url: https://insideraccidentlawyers.com/who-can-you-sue-if-you-get-hit-by-an-uber.md
author: "emily@insiderlawyers.com"
---

# Who Can You Sue If You Get Hit by an Uber? 6 Potential Defendants

![An Uber rider getting into the Uber, consulting the app on their phone.](https://insideraccidentlawyers.com/wp-content/uploads/2026/08/Uber-App-1024x683.webp) Photo : istock.com / Hispanolistic
 
 Getting hit by an Uber throws a curveball most people never see coming. A standard fender bender on the 101 usually involves two drivers and two insurance cards, but rideshare crashes are entirely different.

They drag in corporate giants, independent contractor loopholes, and insurance policies that drastically change value based on the driver's app status.

So, who do you actually sue if you get hit by an Uber?

There’s no single answer. Liability could fall on the driver, Uber, a third-party motorist, a commercial employer, or even a local government agency.

Whether you’re a passenger, another driver, a cyclist, or a pedestrian, here’s exactly how California law determines who ends up paying for the crash.

 

 

### Key Takeaways

 
- Depending on how the crash happened, you might sue the Uber driver, Uber itself, another motorist, a commercial employer, a vehicle manufacturer, or a government agency.
- Uber's insurance coverage shifts based on the driver's app status at the moment of impact: offline, waiting for a ride, en route, or transporting a passenger.
- Because California classifies drivers as independent contractors, Uber is rarely treated as an employer, which limits its automatic corporate liability.
- Effective January 1, 2026, Senate Bill 371 reduced Uber’s required UM/UIM coverage for passengers from $1 million to just $60,000 per person.
- Uber's app terms contain an arbitration clause that often blocks passengers from suing the company directly in court.
- Thanks to California's pure comparative negligence rule, you can still recover damages even if you’re found partly at fault for the crash.

 

 

## Why Uber Accident Claims are More Complicated

 In a standard two-car crash, liability is simple: you hold the at-fault driver and their personal insurance company responsible. Uber crashes don’t work that way.

The single biggest factor in an Uber claim is exactly what the driver was doing on the app the second the crash occurred:

- Were they logged out entirely?
- Logged in and waiting for a ride request?
- En route to pick up a passenger?
- Driving with a passenger in the back seat?

Each scenario triggers a completely different insurance policy, and sometimes an entirely different defendant. 

If you get this timeline wrong, or let an insurance adjuster gloss over it, you could end up chasing the wrong pocket.

 

 

## Defendant 1: The Uber Driver (Personal Negligence)

 The most obvious defendant in an Uber crash is the driver. Suing a rideshare driver for personal negligence works exactly like suing any other motorist on the road.

Any careless driving can trigger a direct claim, including:

- Speeding down Sunset to catch the next fare

- Running a red light near the arena during a Lakers game

- Drifting across lanes while distracted by the Uber app

- Tailgating on the 405 during rush hour

While the driver's app status determines which insurance policy pays out, the legal theory against the driver remains basic negligence: they owed you a duty to drive safely, they breached that duty, and their breach caused your injuries.

 

 

## Defendant 2: Uber Technologies Inc. (Corporate Liability)

 Suing the driver is one path, but suing Uber itself is a completely different and far more complicated process. This distinction is where most of the confusion in these cases comes from.

 

### Why Uber is Not Automatically Liable for Driver Negligence

 In a typical employer-employee crash (like a company van hitting you during a delivery run), the employer is usually automatically on the hook under a legal doctrine called vicarious liability.

Uber drivers are not employees. California's Proposition 22 locked in their status as independent contractors, meaning Uber doesn't automatically answer for a driver's on-road mistakes the way a traditional employer would.

Uber's insurance adjusters lean hard on this distinction, sometimes using it to suggest an unrepresented victim has no case against the corporation at all.

That is not true. It simply means the path to Uber's liability runs through dedicated insurance coverage and specific legal theories rather than automatic employer responsibility.

 

### How Uber's Insurance Coverage Limits Change by App Status

 California law (Assembly Bill 2293, now part of the Public Utilities Code) requires Uber and Lyft to carry different levels of insurance depending on the driver's app status at the exact moment of impact.

This timeline is often the fiercest battleground in a rideshare claim. A discrepancy of just a few seconds can shift available coverage from a $30,000 minimum to a $1 million commercial policy.

 

#### Driver App Status and Coverage Available

 
 
 Offline (Not logged into the app) 
 
 
 
 Driver’s personal auto policy only. Uber’s commercial coverage does not apply.

 
 
 
 
 Logged in (Waiting for a ride request) 
 
 
 
 Limited coverage: $50,000 per person/$100,000 per accident (bodily injury) and $30,000 (property damage).

 
 
 
 
 Ride accepted (En route to pick up) 
 
 
 
 Up to $1 million in commercial liability coverage.

 
 
 
 
 On trip (Passenger in the vehicle) 
 
 
 
 Up to $1 million in commercial liability coverage, plus reduced UM/UIM coverage (see below).

 
 
 Driver's personal auto policy only. Uber's commercial coverage does not apply.

Limited coverage: $50,000 per person/$100,000 per accident (bodily injury) and $30,000 (property damage).

Up to $1 million in commercial liability coverage.

Up to $1 million in commercial liability coverage, plus reduced UM/UIM coverage (see below).

That "offline" period is more dangerous than people realize. Because most personal auto policies explicitly exclude commercial rideshare activity, victims can face a serious coverage gap if the driver was completely logged out during the crash.

 

## Suing Uber Directly for Negligent Hiring and Safety Failures

 You can bypass the independent contractor shield by proving direct corporate negligence. This means holding Uber accountable for its own systemic failures rather than the driver's mistakes behind the wheel.

You can pursue a direct claim if Uber:

- **Ignored repeated safety complaints:** For example, keeping a driver active on the app even after multiple riders reported them for aggressive swerving on the 110.
- **Skipped mandatory background checks:** Failing to catch a recent DUI or reckless driving conviction before approving the driver's account.
- **Disregarded clear warning signs:** Allowing a driver to continue accepting fares despite passenger reports of them nodding off during late-night LAX drop-offs.

Proving these claims requires subpoenaing Uber's internal safety logs and the driver's platform history, but it is a highly effective avenue for compensation when the facts support it.

 

## Liability Rules for Robotaxis and Driverless Rides

 Robotaxi services like Waymo are becoming a more familiar sight around Los Angeles, and they complicate the liability picture even further.

Without a human behind the wheel, the standard driver-negligence theory doesn't apply in the same way.

Under evolving California rules, the automated driving system itself is treated as the "driver," which points liability toward the company operating the vehicle rather than an individual.

If you're hurt in a crash involving a driverless vehicle, it requires its own distinct legal analysis. You should raise this with an attorney directly rather than assuming the claim works exactly like a standard Uber accident.

 

 

## Uber's Arbitration Clause: Why Your Claim May Not Reach Court

 Here's something most guides on this topic skip: agreeing to Uber's app terms can mean agreeing to resolve disputes in private arbitration instead of court.

That clause has held up in some surprising situations.

In one widely covered case, a New Jersey appellate court [blocked a couple from suing Uber](https://www.npr.org/2024/10/02/nx-s1-5136615/uber-car-crash-lawsuit-uber-eats-arbitration-terms) over injuries from a crash their Uber was involved in. It ruled their claim was subject to arbitration even though they stated their daughter — not they themselves — had agreed to Uber's terms while placing an Uber Eats order on the same account.[1](#_fnyptr85m3bz)

That kind of ruling shows how broadly courts enforce these clauses, even when the person actually hurt in the crash wasn't the one who clicked "agree."

Uber does allow riders to opt out of arbitration within a limited window after creating an account or accepting updated terms, but most people never do.

This does not erase every path to compensation, however. The clause has specific limits:

- It mainly affects claims made directly against Uber the corporation.
- It generally doesn’t wipe out claims against the driver personally, or your ability to recover money through the applicable insurance policy.

It’s just one more reason the "who do I sue" question and the "who actually pays" question aren't always the same.

 

 

## Defendant 3: Third-Party Motorists (At-Fault Drivers)

 Many Uber crashes have nothing to do with your driver. If another motorist causes the wreck, they (and their insurance company) become the primary defendants.

This rule applies whether you’re the Uber passenger, the Uber driver, or a bystander. Common scenarios include:

- A drunk driver blowing through a light near Koreatown
- A distracted motorist rear-ending your Uber at a stop on Wilshire
- A hit-and-run driver clipping the car near LAX and fleeing

It gets complicated when that third-party driver is uninsured or doesn't carry enough coverage to pay for serious injuries.

That's where Uber's own uninsured/underinsured motorist (UM/UIM) coverage is supposed to step in for passengers. It's also where California law just changed significantly.

 

### How Senate Bill 371 Reduces Uber's Uninsured Motorist Coverage

 For years, California required Uber and Lyft to provide a $1 million safety net for passengers hit by underinsured drivers. But as of January 1, 2026, Senate Bill 371 gutted that protection, slashing it to just $60,000 per person and $300,000 per incident.[2](#_fnyptr85m3bz)

Uber argues this simply aligns rideshare rules with standard California auto policies, noting their [$1 million liability policy still applies](https://www.uber.com/us/en/newsroom/california-insurance-reform/) if the Uber driver causes the crash.[3](#_fnyptr85m3bz)

But that distinction is exactly the problem: the safety net for passengers hurt by someone else has practically vanished.

Imagine riding home from Crypto.com Arena when an uninsured driver T-bones your Uber on the 110. A single spinal surgery can blow past that $60,000 limit before you even begin physical therapy.

Because this critical coverage has shrunk so drastically, investigating every other potential defendant is now the most important step in a third-party [rideshare injury claim](https://insideraccidentlawyers.com/personal-injury-lawyer-los-angeles/ridesharing-accident/).

 

 

## Defendant 4: Commercial Employers (Delivery and Trucking Companies)

 Not every vehicle that hits an Uber is driven by a private citizen. Rideshare drivers share the road with a massive fleet of commercial vehicles, including:

- Delivery vans (like Amazon, FedEx, or UPS)
- Box trucks and semi-trailers
- Tour buses
- Utility and municipal vehicles

When a [commercial driver causes a crash](https://insideraccidentlawyers.com/personal-injury-lawyer-los-angeles/truck-accidents/) while on the clock, their employer is usually automatically responsible. This is because traditional employer liability rules apply to them, even though those same rules don't apply to Uber’s independent contractors.

Imagine a delivery van cutting across three lanes near LAX to make a turn and clipping an Uber pulling up to the curb. Because that driver was working, the delivery corporation itself becomes a primary defendant, unlocking access to much deeper commercial insurance policies.

 

 

## Defendant 5: Vehicle and Parts Manufacturers (Product Liability)

 Sometimes, a crash has nothing to do with bad driving. A manufacturing defect can cause a serious collision, no matter how safely the Uber driver was operating the vehicle.

This includes catastrophic failures like:

- Defective brakes giving out on a steep canyon road
- A tire blowing out or separating while merging onto the 5
- An airbag failing to deploy upon impact
- A steering component snapping without warning

When a mechanical failure causes the crash, investigators look at the vehicle itself rather than the person behind the wheel.  

If the evidence lines up, you can file a separate [product liability claim](https://insideraccidentlawyers.com/product-liability-lawyer-los-angeles/) directly against the manufacturer, completely distinct from any negligence claim against the driver or Uber.

 

 

## Defendant 6: Government Agencies (Road Hazards and Poor Design)

 Sometimes the road itself is to blame. If a dangerous condition contributed to your Uber crash, the city, county, or state agency responsible for maintaining that road can potentially be named as a defendant alongside the driver.

These road hazards can include:

- A pothole deep enough to blow a tire on a downtown street
- A traffic signal that has been malfunctioning for weeks
- A missing or obscured stop sign at a residential intersection

If you pursue this route, the clock ticks much faster. While standard personal injury lawsuits in California give you two years to file, claims against government entities require you to file an administrative claim within just six months of the accident.

Missing that tight deadline usually destroys your case against the government entirely, so it’s critical to flag road hazards immediately.

 

 

## Frequently Asked Questions About Uber Accident Claims

 
 
 Can I sue Uber if I get in an accident while using their service? 
 
 
 
 Yes, but it is tough. While you can easily sue the negligent driver and target Uber’s commercial insurance, suing Uber the corporation directly in court is usually blocked by their mandatory arbitration clause.

 
 
 
 
 Does Uber usually settle out of court? 
 
 
 
 Yes. Like most personal injury claims, rideshare crashes typically end in a settlement rather than a trial. However, insurance adjusters almost always start with lowball offers. Never accept the first number without an attorney reviewing it.

 
 
 
 
 How much is the average Uber lawsuit payout? 
 
 
 
 There is no “average.” Payouts depend entirely on your injuries, lost income, and which insurance phase was active. While Uber’s policy for its own drivers’ negligence can reach $1 million, the UM/UIM safety net for passengers hurt by other drivers is capped at just $60,000 per person under SB 371.

 
 
 
 
 How long does an Uber accident settlement take? 
 
 
 
 It varies. Straightforward claims resolve in a few months. But severe injuries, disputed liability, or multiple defendants take much longer, as you must finish your medical treatment to accurately calculate your long-term costs.

 
 
 
 
 Does Uber's arbitration clause stop me from suing? 
 
 
 
 It stops you from suing Uber as a corporation in a public courtroom. But it does not block you from suing the driver personally, nor does it prevent you from claiming money through the active rideshare insurance policy.

 
 
 
 
 What happens if an uninsured driver hits my Uber? 
 
 
 
 If you’re a passenger, Uber’s uninsured motorist (UM/UIM) coverage applies. However, as of 2026, SB 371 capped this safety net at just $60,000 per person. You may need to rely on your personal auto policy’s UM/UIM coverage to help fill the gap.

 
 
 Yes, but it is tough. While you can easily sue the negligent driver and target Uber's commercial insurance, suing Uber the corporation directly in court is usually blocked by their mandatory arbitration clause.

Yes. Like most personal injury claims, rideshare crashes typically end in a settlement rather than a trial. However, insurance adjusters almost always start with lowball offers. Never accept the first number without an attorney reviewing it.

There is no "average." Payouts depend entirely on your injuries, lost income, and which insurance phase was active. While Uber's policy for its own drivers' negligence can reach $1 million, the UM/UIM safety net for passengers hurt by other drivers is capped at just $60,000 per person under SB 371.

It varies. Straightforward claims resolve in a few months. But severe injuries, disputed liability, or multiple defendants take much longer, as you must finish your medical treatment to accurately calculate your long-term costs.

It stops you from suing Uber as a corporation in a public courtroom. But it does not block you from suing the driver personally, nor does it prevent you from claiming money through the active rideshare insurance policy.

If you’re a passenger, Uber's uninsured motorist (UM/UIM) coverage applies. However, as of 2026, SB 371 capped this safety net at just $60,000 per person. You may need to rely on your personal auto policy's UM/UIM coverage to help fill the gap.

 

 

## Finding the Right Defendant for Your Uber Accident Claim

 Every Uber crash is unique. The fastest way to find out exactly who’s on the hook for your injuries is to have the details reviewed by a professional.

Don't guess when it comes to your financial recovery. If you need help identifying every liable party and maximizing your payout, reach out for a free consultation.

[Contact Insider Accident Lawyers](https://insideraccidentlawyers.com/contact/) to discuss your case today.

 

 

## 

 

## References

 

- “A court blocks a couple from suing Uber over a crash, citing terms and conditions.” *NPR*, 2 Oct. 2024, [https://www.npr.org/2024/10/02/nx-s1-5136615/uber-car-crash-lawsuit-uber-eats-arbitration-terms](https://www.npr.org/2024/10/02/nx-s1-5136615/uber-car-crash-lawsuit-uber-eats-arbitration-terms). Accessed 20 Aug. 2026.

- “Governor Signs Cabaldon Bill Reducing Fares for Customers on Uber, Lyft.” *Office of California State Senator Christopher Cabaldon*, 3 Oct. 2025, [https://sd03.senate.ca.gov/news/governor-signs-cabaldon-bill-reducing-fares-customers-uber-lyft](https://sd03.senate.ca.gov/news/governor-signs-cabaldon-bill-reducing-fares-customers-uber-lyft). Accessed 20 Aug. 2026.

- “Reforming Insurance in California, and the Future of Rideshare in the State.” *Uber Newsroom, Uber Technologies, Inc.*, 3 Oct. 2025, [https://www.uber.com/us/en/newsroom/california-insurance-reform/](https://www.uber.com/us/en/newsroom/california-insurance-reform/). Accessed 20 Aug. 2026.

 

 

 

## About the Author

 ![Cartoon depiction of Jerome Garo.](https://insideraccidentlawyers.com/wp-content/uploads/2026/07/jerome-cartoon-200x300.png) 
Jerome Garo is a Legal Content Writer at Insider Accident Lawyers, where he turns personal injury law into clear, practical guidance for people recovering after an accident. He has written legal content for U.S. law firms and spent years writing/editing search-focused articles across tech, healthcare, finance, and other complex fields. With a background in communication, copyediting, and SEO, Jerome cuts through legal jargon and explains what readers need to know in plain English.