Do I sue the Uber driver if they hit me?

Yes. It is also important to determine whether the driver was “on the clock” or not. “On the clock” means logged into the Uber app, meaning the driver is either looking for passengers or driving a passenger. If the Uber driver was not working at the time, then it would be similar to a regular motor vehicle accident. You would file suit against the driver and his personal insurance would defend them and provide any coverage assuming you won compensation for your personal injuries.

If the Uber driver is transporting a passenger and the driver is negligent and causes a crash, then the driver’s personal policy applies, as well as Uber’s policy of $1.5 million in coverage. However, if the Uber driver was on the clock, yet was not transporting a passenger, then the driver’s personal policy will apply, and Uber’s policy will still be available, however, it will be lowered as follows:

• $50,000 of coverage for bodily injury or death per person,
• $100,000 of coverage for bodily injury or death per accident,
• $25,000 of coverage for property damage.

Uber must also provide uninsured/underinsured motorist coverage in an amount of at least $1.5 million, which covers all who occupy the vehicle if another motorist causes an accident and does not have any insurance, or does not have sufficient insurance.

Other Uber Accident Frequently Asked Questions:

• Do I Sue The Uber Driver If They Hit Me?
• Does Uber’s Insurance Cover The Accident or Does The Driver’s Personal Insurance?
• I Was Hit by an Uber Driver, However, He Wasn’t on the Clock When He Hit Me. Does Uber’s Insurance Cover The Accident?
• I Was Hit by an Uber Driver. What Do I Do Now?
• I Was in an Accident With An Uber Driver, What Do I Do?
• I’m A Pedestrian Who Was Hit by an Uber Driver, What Should I Do?
• I’m An Uber Driver and Another Vehicle Crashed Into My Car. What Do I Do?
• If I Was Injured in an Accident Involving An Uber Driver, Who Is My Lawsuit Going After If I Sue?
• If I’m Hit By An Uber Driver, How Do You Determine How Much I Should Get?
• If I’m Hit by an Uber Driver, What Types of Damages Can I Get?
• Is Raiser, LLC Actually Uber?
• What Should I Do If I Am A Passenger in an Uber or Lyft Car Accident in New Jersey?
• When The Uber Driver Does Not Have A Passenger, Yet Is Logged into the Uber App and Is Looking For Passengers, Is The Insurance Coverage Different?