Getting hurt in a crash involving an Uber vehicle raises an obvious question: can you take Uber to court? The answer depends on who you are trying to hold responsible, since Uber’s own account terms change how that claim gets handled.
Why Might A Claim Against Uber Itself Go To Arbitration?
When someone creates an Uber account, they agree to the company’s terms of use, which include a binding arbitration clause. Uber’s own terms of use state that riders agree to resolve disputes against the company through individual arbitration rather than a lawsuit, and that this arbitration agreement applies regardless of when the underlying claim arose. That means a claim brought directly against Uber the company, as opposed to the driver, is often routed into a private arbitration process instead of a courtroom.
Does This Mean I Cannot Sue Anyone After An Uber Crash?
No. The arbitration agreement in Uber’s terms applies to claims against Uber as a company. It generally does not prevent an injured passenger, pedestrian, or other driver from pursuing a personal injury claim against the Uber driver directly, since the driver is a separate party who did not necessarily agree to arbitrate on Uber’s behalf. Disparti Law Group has handled rideshare injury claims resolved this way, through the driver’s own insurance or the rideshare policy that applies during the ride, without ever needing to arbitrate against Uber itself.
Was There Ever A Way To Avoid The Arbitration Agreement?
Uber’s terms have historically included a window, often around 30 days after creating or updating an account, during which a user could formally opt out of the arbitration clause in writing. Missing that window generally means the arbitration agreement stays in effect for future disputes. Whether an opt out was ever submitted, and when, can matter a great deal if a claim against Uber directly becomes necessary.
Are Any Claims Exempted From Uber’s Arbitration Agreement?
Yes, in certain circumstances. Uber has publicly stated that it removed its arbitration requirement for claims involving sexual assault or sexual harassment, allowing those claims to proceed in open court instead of private arbitration. This carve-out does not extend to most other injury claims, which generally remain subject to the standard arbitration terms.
What Does This Mean Practically For An Injured Passenger?
Here are a few things worth checking early after an Uber related crash:
- Whether the claim is really against Uber the company or against the driver personally
- Which insurance policy is likely to apply based on the driver’s status in the app at the time
- Whether an arbitration opt out was ever filed on the account in question
- What documentation exists from the ride itself, including trip data and driver information
How Does This Affect Building A Claim In Chicago?
Because so many rideshare crashes ultimately get resolved through the driver’s insurance or the rideshare company’s liability coverage rather than a direct arbitration dispute with Uber, understanding where a case actually needs to go can save time. A Chicago uber accident lawyer can help sort out whether a claim belongs against the driver, the insurance carrier, or Uber directly, and what that means for how the case proceeds.
Should I Get Help Figuring Out Which Path Applies To My Situation?
Given how much these details can change the outcome, it helps to have someone review the account terms, the trip information, and the applicable insurance before assuming a claim is stuck in arbitration. A Chicago uber accident lawyer can walk through the specifics of your ride and crash to identify the right path forward.
Which of these paths actually applies often is not obvious from the outside, and misreading it can mean pursuing the wrong party entirely. If you were hurt in a crash involving an Uber vehicle in Chicago, reach out to our team to go over what happened and how your claim should proceed.
