Can I Sue Uber Eats After a Car Accident?
An experienced Tampa lawyer is ready to fight for you
Getting meals delivered to your home is more convenient than ever, thanks to food delivery services like Uber Eats. However, with more delivery drivers on the road rushing to meet tight deadlines, car accidents can happen that leave people seriously injured. Who will pay for your damages if you’ve been hurt in a crash involving an Uber Eats driver?
Like many gig economy services, Uber Eats classifies its drivers as independent contractors rather than employees, making it more difficult to hold the company legally responsible for accidents. However, in certain circumstances, Uber Eats may be liable, and you could have grounds to file a lawsuit against the company.
What Is Uber Eats?
Uber Eats is a popular food delivery platform that allows customers to order meals from local restaurants through a mobile app. Independent drivers, known as delivery partners, pick up orders and deliver them using their own cars, bicycles, or motorcycles.
Unlike rideshare drivers for Uber, Uber Eats drivers do not transport passengers, but they are still frequently on the road, making deliveries and navigating traffic. Because Uber Eats drivers are independent contractors, Uber Eats does not always take responsibility for accidents involving their drivers. However, Uber Eats does provide limited insurance coverage in some cases.
What causes Uber Eats accidents?
Uber Eats accidents can happen for a number of reasons, many of which are related to negligence by the driver. Some of the most common causes include:
- Distracted driving – Uber Eats drivers rely on their phones for navigation, order updates, and customer communication. This may be looking at their phone while driving, increasing the risk of accidents.
- Speeding and reckless driving – Because Uber Eats drivers make money per delivery, many feel pressured to complete as many deliveries as possible in a short amount of time. This often leads to speeding, running red lights, or unsafe lane changes.
- Fatigue – Many Uber Eats drivers work long hours or take on multiple jobs, leading to fatigue-related accidents.
- Parking and stopping hazards – Food delivery drivers may stop suddenly, double park, or pull over in unsafe locations to make deliveries, creating hazards for other drivers.
- Aggressive driving – Uber Eats drivers frequently navigate unfamiliar neighborhoods, increasing the likelihood of wrong turns, sudden stops, or unexpected lane changes.
Will Uber Eats pay for the damages I suffered?
Uber Eats may provide insurance coverage, but whether they pay for your damages depends on the driver’s status at the time of the accident. Uber Eats’ insurance policy works as follows:
If the driver was not logged into the Uber Eats app
Uber Eats provides no coverage. The driver’s personal auto insurance is responsible for covering damages.
If the driver was logged into the app but had not accepted an order
Uber Eats provides contingent liability coverage, which includes:
- Up to $50,000 per person for bodily injury.
- Up to $100,000 per accident for bodily injury.
- Up to $25,000 for property damage.
This coverage only applies if the driver’s personal insurance denies the claim.
If the driver was on an active delivery
Uber Eats provides up to $1 million in liability coverage for injuries and property damage. This applies when the driver is on the way to pick up or drop off an order.
If Uber Eats denies liability, you may need to file a lawsuit to recover your damages.
What should I do if I’m hurt in an accident caused by an Uber Eats driver?
If you were injured in an accident involving an Uber Eats driver, take the following steps to protect your rights:
Call 911 and report the accident.
Request emergency medical assistance if you are injured. The responding police officer will complete an official accident report, which will be valuable evidence for your claim.
Seek medical treatment.
Even if your injuries seem minor, you should see a doctor as soon as possible. Some injuries, such as concussions or internal bleeding, may not be apparent right away.
Gather evidence.
Take photos and videos of the accident scene, vehicle damage, and any visible injuries. Collect the contact information for any witnesses.
Get the Uber Eats driver’s information.
This includes their name, contact information, license plate number, and vehicle make and model. Ask for their insurance details and confirm if they were logged into Uber Eats at the time or making a delivery or pickup.
Contact an experienced car accident lawyer.
A lawyer can investigate the accident and determine whether Uber Eats’ insurance or the driver’s personal policy applies.
Can I sue Uber Eats after an accident?
Suing Uber Eats can be challenging because the company classifies its drivers as independent contractors rather than employees. This classification helps Uber Eats avoid direct liability for accidents caused by its drivers, as it argues that it is merely a technology platform connecting customers with delivery workers. However, there may be circumstances where you may be able to sue Uber Eats directly or file a claim against their insurance.
While Uber Eats tries to avoid responsibility, you may have a case against them in the following situations:
Uber Eats engaged in negligent hiring
Companies have a duty of care to ensure they hire safe drivers. If Uber Eats failed to screen for drivers with poor driving records, criminal histories, or multiple traffic violations, they could be liable for negligent hiring. If an Uber Eats driver with a history of reckless driving caused an accident, you may have a claim that Uber Eats failed to protect the public by allowing them to drive for their platform.
The Uber Eats app contributed to distracted driving
Uber Eats relies on its app for real-time updates, which can create dangerous distractions for drivers. If the app requires constant phone interaction, such as confirming deliveries while driving, checking for new orders, or updating route status, it can increase the risk of accidents. If an Uber Eats driver caused an accident due to app-related distractions, you may be able to argue that Uber Eats contributed to unsafe driving conditions.
Uber Eats’ insurance refuses to cover damages that should be covered
If Uber Eats’ insurance denies your valid claim or offers an unfairly low settlement, you may have a case for bad faith insurance practices against the insurance company.
What Is the average Uber Eats settlement?
Settlement amounts vary, but some factors that affect the value include the severity of injuries, medical expenses and lost wages, liability, and available insurance coverage. An Uber Eats accident settlement can range anywhere from $50,000 to $1 million, depending on the circumstances. But in general, you can recover compensation for:
- Medical expenses for treating your injuries (now and in the future)
- Lost income if you are unable to work because of your injuries
- Pain and suffering
- Property damage
How can a lawyer help me after an accident with an Uber Eats driver?
Being involved in an accident with an Uber Eats driver can be legally complex, especially when dealing with multiple insurance policies, determining liability, and negotiating for fair compensation. An experienced car accident lawyer can guide you through the process and ensure that you receive the full financial recovery you are entitled to.
A lawyer can:
- Determine liability – Uber Eats drivers are considered independent contractors, which can complicate liability. A lawyer can investigate the crash and determine if Uber Eats, the driver, or another party is responsible based on when the accident occurred.
- Handle insurance claims – A lawyer can determine the total damages you suffered and file a claim with the insurance company.
- Negotiate a settlement – Insurance companies often try to settle for less than you deserve. A lawyer will negotiate for fair compensation, ensuring you don’t settle for less than you deserve.
- File a lawsuit (if necessary) – if insurance coverage is denied or insufficient, an attorney can file a personal injury lawsuit against the appropriate parties.
If you’ve been injured in a crash with an Uber Eats driver, we can help
An accident with an Uber Eats driver can leave you with serious injuries. But recovering financial compensation can be complicated. Insurance companies will dispute your claim and try to pay you as little as possible. If you were hurt in Florida, you need an experienced car accident lawyer to help you fight back.
Attorney Armando Edmiston of Armando Personal Injury Law knows the car accident laws in Florida. Our legal team can investigate your Uber Eats accident and gather evidence to help us build a strong case for compensation. We know how to fight back against insurance company tactics and negotiate a settlement that meets your needs. If necessary, we’ll fight for you in court.
Our firm has a record of results, including a $500,000 settlement for a client injured in an accident involving a left-turn collision.
Learn more about how we can help. Contact us to schedule a free consultation. We’ll review the details of your Uber Eats accident, review your options for compensation, and answer questions about your claim.
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