Food delivery apps like Uber Eats have revolutionized convenience, but they’ve also brought new dangers to our roads. As drivers rush to meet deadlines, distracted or reckless behavior behind the wheel is all too common. The result? Accidents that injure pedestrians, cyclists, and other drivers.
If an Uber Eats driver injured you in a crash, you’re not alone, and you may qualify for compensation. At Tawney, Acosta & Chaparro P.C., we help victims across Texas and New Mexico navigate these complex claims. Here’s what you need to know about how to sue Uber Eats after an accident.
For a free consultation, please send us an online message or call (575) 222-1000 today.
Common Scenarios in Uber Eats Accident Claims
Uber Eats drivers often operate under pressure, rushing to deliver food quickly while navigating traffic, weather, and app notifications. This can lead to dangerous driving behaviors that put others at risk and can lead to legal consequences.
You may have a valid Uber Eats accident claim if:
- An Uber Eats driver hit your car,
- A driver struck you while you were walking or biking,
- A distracted driver rear-ended you,
- The driver ran a red light or failed to yield, or
- A delivery driver caused a crash that killed your loved one.
If you’re thinking, “An Uber Eats driver hit my car—what now?” know that you’re not alone. Depending on the circumstances of the crash, you may have several options for seeking compensation and accountability.
Can You Sue Uber Eats After a Crash?
Let’s get to the big question: Can you sue Uber Eats if their driver causes a crash? The short answer is maybe, depending on the specific circumstances.
Uber Eats classifies its drivers as independent contractors, not employees. That often allows the company to shift liability away from itself and onto the driver. Many injured people researching suing Uber Eats find themselves facing a confusing and frustrating claims process.
Still, you may have several legal options, including:
- Filing against the driver’s personal or Uber Eats’ commercial insurance,
- Holding Uber Eats liable if corporate negligence applies, or
- Using your own uninsured/underinsured motorist coverage.
App-based delivery crashes often involve complex rules around insurance and liability, especially in injury cases. An experienced rideshare accident attorney can help you make sense of your legal position and support you as you pursue your best option.
When Does Uber Eats Provide Insurance?
Uber Eats does offer insurance coverage, but only in certain situations.
Here’s how it works:
- The app is on, but no delivery has been accepted. If the driver is logged into the Uber Eats app but hasn’t accepted a delivery, Uber provides limited coverage: $50,000 for bodily injury per person, $100,000 total per accident, and $25,000 for property damage.
- The driver has accepted a delivery, or one is in progress. Once a delivery is accepted, the company’s third-party liability insurance offers up to $1 million in coverage. This may include compensation for injuries, property damage, and even wrongful death.
However, Uber and its insurers often challenge whether the driver was “on the clock” when an accident happened. Proving that they were requires access to app data, GPS logs, and trip records. That’s one reason why legal representation matters.
Uber Eats Accident Laws in Texas and New Mexico
Texas and New Mexico are at-fault states, meaning the driver responsible for the crash is also financially liable for the damages. However, the laws governing Uber Eats accidents differ between the two states and can be complex.
Texas
Although Texas has specific laws regulating transportation network companies (TNCs) like Uber, these may not always apply to food delivery drivers. However, Uber Eats may still be liable through their commercial insurance policies or under a negligence theory, depending on the circumstances. If you’re injured in Texas, you generally have two years from the accident date to file a personal injury lawsuit.
New Mexico
In New Mexico, state law requires delivery and rideshare drivers to carry a minimum level of insurance while they’re working. If a delivery driver injures you, their personal insurance or Uber Eats’ policy may apply. In either situation, victims generally have three years to file a personal injury lawsuit.
What Damages Can You Recover?
When a delivery driver’s carelessness turns your life upside down, you could be entitled to recover compensation for:
- Medical expenses and future treatment;
- Lost wages and diminished earning capacity;
- Damage to your vehicle or property;
- Pain, suffering, and emotional distress;
- Loss of enjoyment of life; and
- Funeral costs and wrongful death damages.
Uber Eats accident claims aren’t about quick payouts. They’re about real justice and complete recovery. At Tawney, Acosta & Chaparro P.C., we know this and don’t settle for less.
Why You Need a Delivery Accident Attorney Today
Uber Eats crashes aren’t your everyday car accident. These cases involve complicated app data and driver logs, multiple insurance policies, and corporate legal teams trained to deny responsibility.
That’s why you need a law firm that can go toe-to-toe with Uber.
At Tawney, Acosta & Chaparro P.C., we work to:
- Uncover driver activity logs, GPS data, and phone records;
- Pinpoint every liable party, including Uber Eats;
- Negotiate aggressively with insurance companies; and
- File lawsuits when necessary to get maximum compensation.
Our team understands the high-stakes nature of these cases and how quickly insurance companies try to minimize payouts. We’ve seen firsthand how victims are pressured into lowball settlements or blamed for crashes they didn’t cause. That’s why we take an aggressive, client-first approach, fighting for the maximum compensation our clients deserve after a delivery driver accident. Whether negotiating with Uber’s insurers or representing you in court, we don’t back down.
What to Do After an Uber Eats Accident
If an Uber Eats driver hits you, take these steps immediately:
- Call 911 and get medical attention;
- Photograph the scene, damage, and injuries;
- Get the driver’s license, insurance, and app info;
- Report the crash to Uber and your insurer; and
- Don’t speak to Uber’s insurance reps before you talk to a lawyer.
Time is critical in these situations. The sooner you contact an attorney, the better your chances of preserving evidence, protecting your health, and getting justice. Even a short delay can give Uber’s insurance team a head start in building its defense.
Speak to a Delivery Accident Lawyer Near You
If you’re still unsure how to sue Uber Eats after an accident, our legal team is here to guide you through every step and fight for the compensation you deserve.
At Tawney, Acosta & Chaparro P.C., we bring decades of combined legal experience handling injury claims involving complex insurance structures, corporate coverage disputes, and app-based driver liability.
Our law offices are in New Mexico and Texas, and our attorneys are fully licensed to practice law in both states. Contact us online or call (575) 222-1000 now to schedule your 100% free consultation. You pay nothing unless we win your case.
Alejandro Acosta
Mr. Acosta is a lifelong resident of El Paso. He graduated from Cathedral High School in 2000 and graduated from St. Mary’s University in San Antonio in 2004. Mr. Acosta went on to attend Sandra Day O’ Connor College of Law (Arizona State Law School). He graduated in 2008, receiving his J.D. and his Indian Legal Certificate for his work in Indian Law and dealings with various tribal nations throughout Arizona. Alejandro has been licensed to practice law in Texas since 2008 and has been licensed in the State of New Mexico since 2011.
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