Can I Sue Uber For A Pedestrian Accident Caused By An Uber Driver?
When a pedestrian is hit by an Uber driver in Michigan, one of the first questions we hear is whether Uber can be held legally responsible. As Detroit car accident attorneys, we’ve handled many pedestrian injury cases involving rideshare drivers. These rideshare accidents can result in serious injuries, expensive medical treatment, and long-term trauma. Holding the right party accountable is critical to securing fair compensation.
Uber drivers are independent contractors, not employees. That complicates legal responsibility. Still, Michigan law allows injured pedestrians to seek compensation from multiple sources, including the Uber driver and possibly Uber’s insurance coverage. Whether you can sue Uber depends on the details of the accident and when it occurred during the Uber driver’s work timeline.
Understanding Uber’s Insurance Coverage In Michigan
Michigan law requires all drivers—including Uber drivers—to carry auto insurance. Uber also provides supplemental insurance for its drivers while they are using the app. The level of coverage depends on what the driver was doing at the time of the traffic accident:
- If the driver is off-duty (not using the app), only their personal insurance applies.
- If the driver is logged in and waiting for a ride, Uber provides liability coverage up to $50,000 per person and $100,000 per accident under MCL 500.3101.
- If the driver is en route to pick up a passenger or during a trip, Uber provides up to $1 million in liability coverage and uninsured/underinsured motorist coverage under MCL 500.3104 and 500.3135.
If you were hit by an Uber driver while they were actively engaged in a ride, Uber’s $1 million insurance policy may apply to your claim.
Can You Sue Uber Directly For A Pedestrian Accident?
Under Michigan law, Uber is generally not considered liable for the driver’s actions because drivers are classified as independent contractors. This protects Uber from many lawsuits. However, there are some exceptions. If Uber knew or should have known that the driver had a dangerous driving history and allowed them to work anyway, there may be grounds for a negligent hiring or retention claim.
While suing Uber directly is difficult, we often file claims against the driver and then pursue compensation through Uber’s insurance policies. The key is gathering evidence about what the driver was doing when the accident happened. App logs, phone data, and ride records often play a major role in these cases.
Understanding No-Fault Benefits For Pedestrians In Michigan
Michigan is a no-fault state. That means pedestrians who are injured in a car accident—regardless of who is at fault—can seek personal injury protection (PIP) benefits for medical expenses, lost wages, and replacement services under MCL 500.3105. These benefits are typically paid by the pedestrian’s own auto insurance provider, or through the Michigan Assigned Claims Plan if they don’t have coverage.
In addition to PIP, if the injuries are serious enough to meet Michigan’s threshold for a third-party claim under MCL 500.3135, the pedestrian may also sue the at-fault driver for pain and suffering, excess medical costs, and lost future earnings.
Building A Strong Pedestrian Accident Claim Against An Uber Driver
To build a successful claim, we start by gathering all available evidence, including:
- Surveillance video
- Eyewitness statements
- Police reports
- Medical records
- Uber’s driver data and app logs
Our law firm also works with accident reconstruction experts when necessary. These details help us prove liability and connect your injuries to the accident. Whether we are negotiating with Uber’s insurance carrier or preparing for trial, our goal is to recover full compensation for every aspect of your loss.
FAQs About Pedestrian Accidents Involving Uber Drivers
Can I Sue Uber If I Was Hit While Crossing The Street?
You may be able to sue the Uber driver and recover damages through Uber’s insurance policy if the driver was logged into the app or had a passenger at the time. Whether you can sue Uber directly depends on whether there is evidence of negligence in how they hired or supervised the driver.
What Compensation Can I Receive After Being Hit By An Uber Driver?
You may be entitled to PIP benefits for your medical bills and lost wages, plus additional compensation through a third-party claim for pain and suffering, future treatment, and long-term disability. If Uber’s $1 million liability policy applies, we pursue full damages through that coverage.
How Can I Prove The Uber Driver Was At Fault?
We use police reports, witness statements, traffic camera footage, and data from the Uber app to establish fault. If necessary, we bring in accident reconstruction experts to show how the driver caused the accident.
What If The Uber Driver Left The Scene Of The Crash?
If the driver fled the scene, we can help file a claim using your uninsured motorist coverage or Uber’s coverage if the driver is identified later. A hit-and-run involving a rideshare driver may also lead to criminal charges, which we track as part of your civil case.
Does It Matter If The Driver Was Off The Clock When The Crash Happened?
Yes. If the Uber driver wasn’t logged into the app at the time of the accident, Uber’s insurance likely does not apply. We then pursue the driver’s personal auto insurance for compensation.
Is There A Deadline To File A Lawsuit?
Yes. Under Michigan law, the statute of limitations for personal injury claims is three years from the date of the accident under MCL 600.5805. It’s best to speak with an attorney as soon as possible so we can begin collecting evidence while it’s still available.
Should I Talk To Uber’s Insurance Adjusters?
No. Before speaking to any insurance company, call an attorney. Adjusters may try to limit or deny your claim. We speak for you and make sure your rights are protected during every stage of the process.
Call Ravid & Associates, P.C. If You Were Hit By An Uber Driver In Michigan
If you or someone you love was struck by an Uber driver, we can help. At Ravid & Associates, P.C., we represent injured pedestrians across Michigan from our Southfield office. We understand the complexities of rideshare insurance and liability law, and we fight to hold all responsible parties accountable.
If you or a member of your family have been harmed in a rideshare accident, contact our Detroit rideshare accident lawyers at Ravid & Associates, P.C. by calling (248) 948-9696 to receive your free consultation.
