Uber is a California-born taxi service that relies upon apps on tablets, smartphones, and computers. Requests for service come with a few finger taps rather than hailing for cabs or competing with other taxi riders for attention. The company also delivers food at the request of customers through its Uber Eats division. According to Business of Apps, Uber garnered revenue of $37.2 billion in 2023, and the company boast 137 million who use its food delivery and ride-sharing services at least once a month.
According to Uber’s 2019-2020 safety report, 101 people died in 91 fatal crashes involving Uber drivers. That amounts to one out of every 20 million trips. A study by the University of Illinois – Chicago found that one-third of surveyed drivers of a ride-sharing service were involved in a work-related crash.
Drivers of ride-sharing services can succumb to the same carelessness as other negligent drivers, especially the use of wireless phones. Uber and other ride-sharing drivers often rely upon smartphones to connect to the ride-sharing apps to drive and find riders and to get directions to often unfamiliar places. Crashes may also result from drivers’ fatigue. In this light, California law requires Uber drivers and other carriers of passengers to take six hours off after being in service for 12 hours. This includes Uber drivers using their app to find riders as well as transporting riders.
Injuries from crashes with Uber drivers harm passengers of Uber and other cars, pedestrians, and other drivers. As with any victim of a vehicle crash, finding insurance or other financial resources to get compensation represents a significant part of pursuing the personal injury claim. Below, we explore possible ways to be compensated for injuries from the negligence of an Uber driver.
The Uber Process
Becoming an Uber Driver
Uber requires its drivers to hold a valid license and have good driving records. As a general rule this means no convictions for:
*Driving under the influence of alcohol. A DUI arises for drivers with at least an 0.08% blood alcohol content if 21 years of age or above and 0.01% for those under age 21 years old or who are serving DUI probation. A threshold of 0.04% applies to commercial vehicle drivers and those who drive for pay, such as those who drive for ride-sharing services.
*Reckless driving
*Three convictions in a three-year period for minor offenses such as speeding or running a red light or stop light
*Serious crimes, such as sexual assault and robbery
Uber states in its 2019-2020 report that it rejected 500,000 driver applicants through the initial screening process and removed 80,000 drivers as a result of ongoing criminal record checks.
Drivers must have four-door vehicles and automobile liability insurance that meets the minimum coverage limit requirements. In California, automobile owners must carry bodily injury liability coverage of at least $15,000 per person and $30,000 for two or more injured people per accident. Those who cannot meet the vehicle requirements may rent one through rental companies engaged by Uber for $260 per month.
The Uber App
Both riders and drivers use Uber apps as part of their Uber experience. With an Uber account and app, the customer enters a destination. Uber then dispatches a nearby driver through a separate app to the rider. Think of the Uber driver as being “on the clock” when the driver activates the app and is either transporting riders or awaiting dispatches to obtain riders. Uber does not assign specific shifts for drivers.
A Word About Vicarious Liability and Uber
The rule of vicarious liability, or respondeat superior, holds an employer responsible for the negligence of the employee engaged in the business of the employee. In such cases, the injured party need not prove that the employer acted carelessly.
Often, the would-be employer has deeper pockets than the negligent actor. Plaintiffs who pursue vicarious liability may face arguments that the negligent party was an “independent contractor” rather than an employee. Those who engage independent contractors do not encounter vicarious liability for the contractors’ conduct. Traditionally, Uber drivers have been considered independent contractors. Indeed, factors such as the drivers’ furnishing their own vehicles and their ability to generally set their own hours weigh against treating them as employees for tort purposes. Thus, if an Uber car injured you, Uber itself would not face suit under a vicarious liability approach.
However, California legislators, citizens, and courts have wrestled with how to treat Uber and other rideshare drivers – particularly over wage and labor issues. In 2020, the legislature passed California Assembly Bill 5. Under that law, Uber and other ride-sharing companies had to treat their drivers as employees unless they satisfied an “ABC” test. Generally, such companies could not meet all of the requirements, specifically that the drivers did not engage in the ride-sharing companies’ normal business – providing rides for customers.
Subsequently, California voters passed “Proposition 22” in order for Uber and other app-based providers to treat workers as “independent contractors.” The California Supreme Court is now considering whether Proposition 22 violates the state’s constitution by intruding upon the legislature’s authority to formulate the workers’ compensation system and remedies.
If the California Supreme Court upholds Proposition 22, Uber drivers will remain independent contractors. Even if California AB 5 prevails as the law, victims of accidents involving Uber drivers still might not have vicarious liability as an option to sue Uber. This is because AB 5 involves the rights of Uber drivers under labor and workers’ compensation laws versus Uber. The legislature appears to not have addressed the rights of third parties, such as passengers or motorists injured by Uber drivers, against Uber.
Going After the Uber Drivers
Even without vicarious liability, a crash with an Uber driver does not render its victims without any way to get compensation. This is largely because of Uber’s policies on automobile insurance for its drivers. The state of California also requires all rideshare companies to carry $1 million of liability coverage. The insurance available to you to pay your claims depends upon whether the Uber driver was engaged in a trip.
”Off the Clock”
If an Uber driver wrecks or otherwise injures you but is not on the Uber app, you must resort to the driver’s liability insurance. Uber drivers in California must have at least $15,000 of bodily injury liability coverage per person and $30,000 of bodily injury coverage per occurrence. This adopts California’s minimums. Drivers in other states must follow the minimum liability insurance requirements for those states.
Should your medical bills, lost wages, pain and suffering, and other damages exceed the liability coverage on the Uber car, you would need to resort to your underinsured motorist coverage. This comes as part of your automobile insurance unless you opt out of it.
On the App
When Uber drivers have activated the apps and make themselves available for trips, Uber’s insurance becomes available to compensate passengers, other drivers, or pedestrians for their injuries. The limits of this insurance for third-party bodily injury claims stand at $50,000 per person or $100,000 for two or more injured people in a crash.
For accidents caused by Uber drivers who are transporting a rider or in route to a rider, Uber’s third-party insurance pays up to $1 million for personal injuries and property damage.
Getting Information About the Insurance
Information exchanges after a wreck are mandatory in California. If you are injured by an Uber driver, you are entitled to get from the driver the name of the automobile insurance provider and the policy number.
The “Help” option on Uber’s app or site takes you to a page for reporting issues with your trip. This becomes one of your first steps in presenting a claim on Uber’s insurance. You should identify whether you were a passenger of the Uber vehicle or whether you were in another vehicle or a pedestrian. Also, contact the vehicle owner’s liability insurance and your own automobile insurer to make a claim under the uninsured or underinsured motorist coverage.
If you file a lawsuit against the at-fault driver, a personal injury lawyer can ask in discovery for insurance policies that may afford coverage for your injuries. The discovery process also elicits information concerning the Uber driver’s use of the app and other activities to learn how much insurance may be at your disposal for compensation.
