If you've been in an accident involving an Uber driver on the Western Slope of Colorado, you may be wondering about your legal options. Ride-sharing services like Uber provide a convenient transportation option, but accidents can still occur, leading to injuries, property damage, and confusion about responsibility. This article outlines when and how you might be able to sue Uber for an accident, what factors determine liability, and what you should know about Colorado laws in these situations.

Understanding Uber's Insurance Coverage in Colorado

Uber drivers in Colorado are required to maintain their own auto insurance, but Uber also provides additional coverage when a driver is using the app. The level of coverage varies based on the driver’s activity at the time of the accident:

• Not Logged into the Uber App: If the driver is not logged into the Uber app at the time of the accident, their personal auto insurance is generally responsible for any damages or injuries.

• Logged into the App, Waiting for a Ride Request: Uber provides contingent liability coverage, which can include up to $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 for property damage. This coverage applies if the driver's personal insurance does not cover the full extent of the damages.

• En Route to Pick Up a Passenger or During a Ride: When the Uber driver is on their way to pick up a passenger or has a passenger in the car, Uber’s commercial insurance policy provides up to $1 million in liability coverage for injuries and property damage​​. This coverage also includes uninsured and underinsured motorist coverage, which can be essential if another driver who is at fault lacks sufficient insurance.

When Can You Sue Uber Directly?

In many cases, Uber’s insurance coverage will handle compensation for injuries or damages, making a direct lawsuit against Uber unnecessary. However, certain situations may warrant a direct lawsuit against Uber, including:

• Negligent Hiring or Supervision: If there is evidence that Uber failed to properly vet or supervise a driver who has a history of reckless driving, you may have grounds to sue the company directly.

• Technical or App Malfunctions: In cases where a malfunction of the Uber app or technology (such as GPS errors) contributed to the accident, there may be a potential claim against Uber.  Recently, claims have been made against Uber directly as a result of the inherent nature of its app–which requires Uber drivers to consistently look at and interact with the app while driving.

• Denial of Coverage: If Uber’s insurance denies coverage or disputes the extent of the damages, legal action might be necessary to recover fair compensation.

Factors That Influence Liability in an Uber Accident

Liability in a car accident involving an Uber driver can be complex. Several factors can influence who is responsible for damages:

• Driver’s Status on the Uber App: The driver's status (logged in, en route, or transporting passengers) directly impacts which insurance policy applies.

• Driver’s Fault: If the Uber driver was at fault, you may be able to make a claim against their personal insurance or Uber’s policy. In some cases, if another driver is at fault, you would seek compensation through that driver’s insurance.

• Extent of Damages: The severity of your injuries and property damage will play a role in determining the potential compensation. Colorado follows a modified comparative fault rule, which means that if you are found to be partially at fault, your compensation may be reduced accordingly​.

Steps to Take After an Uber Accident in Colorado

If you’ve been involved in an accident with an Uber driver, follow these steps to protect your rights:

• Seek Medical Attention: Prioritize your health and safety by seeking medical care for any injuries, even if they seem minor at first.

• Report the Accident: Call the local police to file an accident report, which can be important for insurance claims and any potential legal action.

• Gather Evidence: Take photos of the accident scene, vehicle damage, and any visible injuries. Collect contact information for witnesses, if any.

• Notify Uber: Report the accident through the Uber app. This step is crucial to initiate any insurance claims through Uber’s coverage.

• Contact an Attorney: Consulting a local personal injury attorney can help ensure you understand your rights and the best approach to seeking compensation​​.

Navigating the complexities of Uber’s insurance policies and determining liability can be challenging. A local attorney who understands Colorado laws and has experience handling rideshare accident cases can be invaluable. At Western Slope Law, we’re dedicated to helping you pursue the compensation you deserve, allowing you to focus on recovery. If you’ve been injured in an Uber accident, contact us today for a free consultation.

Common Questions About Uber Accidents

1. What is Uber’s insurance policy in Colorado?

Uber's insurance in Colorado includes a $1 million liability policy when a driver is actively engaged in a ride. For periods when a driver is logged into the app but not transporting passengers, Uber offers lower contingent liability coverage.

2. Can I sue Uber if the driver was not logged into the app?

If the Uber driver was not logged into the app at the time of the accident, their personal auto insurance is generally responsible for covering damages. 

3. What compensation can I seek after an Uber accident?

You can seek compensation for medical bills, lost wages, pain and suffering, physical impairment, property damage, and any other damages naturally and proximately flowing from the incident. The compensation will depend on the extent of your injuries and the applicable insurance coverage​.

4. Does Colorado’s comparative fault rule affect my claim?

Yes. Colorado follows a modified comparative fault rule, which means that if you are found partially at fault for the accident, your compensation may be reduced. If you are more than 50% at fault, you may be barred from recovering any damages​.

5. How long do I have to file a claim after an Uber accident in Colorado?

In Colorado, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident.  For auto accidents, this is generally extended to three years.  There are other statutes of limitations for specific types of claims, which is why it’s crucial to act quickly to ensure your legal rights are protected​.