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Can a Passenger Sue an Uber Driver in Wisconsin?

We often get questions about rideshare and delivery company accidents, such as crashes involving Uber, Lyft, DoorDash, or many of the other rideshare or delivery companies.

If you want to know how to sue Uber, or if you can sue Uber as a passenger, then the short answer is: Yes, you can sue Uber after a car accident. These cases can be unique and complex legal situations that should be handled by a Wisconsin ride-share accident attorney.

The specific facts, both liability, injuries, pain and suffering, and other aspects of economic and non-economic damages of the case will help determine if you have a valid claim as well as the potential extent of compensation.

Personal injury lawsuits are best handled by experienced car accident attorneys. The same can be said for lawsuits after an Uber accident. It’s recommended that you contact a ride-share accident attorney as soon as possible after a crash. We have successfully handled countless Uber accidents, Lyft accidents, and other rideshare accidents.

A personal injury law firm will navigate the complicated legal landscape for you and help you understand your legal options while guiding you through the process of filing an Uber car accident lawsuit.

With that in mind, let’s discuss some of the specific factors that could potentially influence the outcome of a lawsuit against Uber.

wisconsin rideshare accident


Insurance Coverage Requirements for Wisconsin Uber Drivers

In Wisconsin, rideshare companies like Uber and Lyft are required by Wisconsin law to have insurance coverage for drivers while they are logged into the app and available to accept fares, as well as when they are providing rides to passengers. [1]

The insurance coverage required for Uber drivers in Wisconsin is dependent on a number of factors: [2]

Drivers, passengers, and third parties may all be covered by Uber insurance depending on the circumstances. An injured passenger may also have their own insurance coverage that could come into play.


Whose Insurance Pays for An Uber Accident?

In any uber accident lawsuit, insurance coverage can be a complicated situation in which professional legal advice would be helpful. Again, there are numerous factors to consider.

When an accident occurs while a passenger is in an Uber or Lyft vehicle, passengers are generally covered by the rideshare company’s insurance policy. That means that Uber’s insurance may cover the damages if Uber is at-fault and therefore their bodily injury policy is implicated.

Uber's insurance policy provides insurance coverage for passengers in the event of an accident, but again this depends on the facts of each situation.

Rideshare companies in Wisconsin likely provide liability insurance, which pays for damages and injuries that the driver may cause to other parties. Insurance coverage importantly often covers uninsured or underinsured motorists as well.

This is important as it can potentially provide additional insurance for passengers in case the other driver involved in the accident does not have any insurance or enough insurance coverage.

Uber's insurance policy coverage should theoretically cover an injured passenger under the terms of that policy. There are other legal causes of action that could be considered as well.


Steps To Take As A Passenger After An Uber Accident In Wisconsin

If you were a passenger in an Uber accident in Wisconsin, and you want to sue Uber for damages, there are several steps you should take to ensure your well-being and protect your legal rights.

Icon representing a car skidding

  1. Seek immediate medical attention: If you or anyone else involved in the Uber accident is injured, call 911 and seek medical attention immediately. If you are injured, it is important to get checked out by a medical professional as some injuries may not be immediately apparent yet they could be very serious and require medical intervention.
  2. File a Police Report: It’s best to have a police report of the accident if possible. A police report can help pursue a future Uber accident claim.
  3. Contact a personal injury law firm: Contact a personal injury lawyer who can help you understand your legal rights and options. Be sure to look for a Wisconsin Uber accident lawyer with proven results.
  4. Gather information: Collect as much information as possible about the accident, including the driver's name and contact information, the license plate number of the vehicle, insurance information, and the names and contact information of any other passengers or witnesses.
  5. Take photos: Take photos of the accident scene, including any damage to the vehicle and any injuries you or other passengers may have sustained.
  6. Documentation: We encourage anyone injured in an Uber accident to keep certain documents such as photos, police reports, insurance documents, and anything else related to the accident or your injuries. This may help your personal injury law firm with your claim.


Can A Passenger Sue An Uber Driver For An Accident?

This is a complicated question that requires a legal analysis based on a number of factors. Generally, as mentioned before, yes, a passenger in an Uber vehicle can sue the driver for an accident. As is frequently said, “the devil is in the details” in this question.

While someone may sue an Uber driver for a crash, the reality is that the Uber driver is likely covered by Uber’s insurance policy and potentially other insurance policies.

If the driver is found to be at fault for the accident, the passenger may be able to file a personal injury lawsuit against the driver and/or Uber to recover compensation for any injuries or damages sustained in the accident. If the driver is found to be partially at fault, then compensation may vary according to Wisconsin comparative negligence laws.

Remember, the process of suing an Uber driver is likely different than suing a traditional taxi driver or private individual for various reasons. This means that the process of filing a claim and/or lawsuit and determining liability as well as insurance involvement may be more complex.

It's recommended that you speak with a successful personal injury firm with resources and results, as well as experience with personal injury cases involving rideshare companies like Uber.

Your law firm can help you understand your legal rights and options and guide you through the process of getting the compensation you deserve.


How Does An Uber Passenger Lawsuit Work?

The process of filing an accident claim can vary depending on the specific circumstances of the case as well as Wisconsin state law.

Ultimately, the nature and severity of injuries are important factors in compensation. Additionally, the following pieces of information help attorneys win Uber accident cases:


  • Police report
  • Medical records
  • Witness statements
  • Crash Photos
  • Crash Video
  • Expert Witness Reports (medical experts, standard of care experts, life care experts, vocational experts)
  • And many more


The process can also be complex and time-consuming, and it's recommended that you have a trusted and proven injury law firm with significant resources to help you get the compensation you deserve. Learn more about the types of accidents covered by personal injury attorneys.

Yes, it's always worth it to hire a car accident lawyer. It's also a good idea to contact a lawyer after a minor car accident.



Disclaimer: This post provides general information but is not legal advice and should not be construed as legal advice.

Steven Gruber car accident attorney
( Personal Injury Attorney )

Attorney Steven Gruber was born and raised in Milwaukee, Wisconsin. His family has deep roots in the Wisconsin legal community, as his father, David, founded Gruber Law Offices almost 40 years ago and his mother, Nancy, is a managing attorney with the firm. Steven is an award-winning attorney who focuses on serious injury cases and firm strategy and operations. Some of Steven’s awards and memberships include National Trial Lawyers Top 100 Trial Lawyers, Top 10 Attorney in Wisconsin by the National Academy of Personal Injury Attorneys, The National Trial Lawyers Top 40 Under 40, and the Million Dollar Advocates Forum, just to name a few. He has successfully handled cases regarding serious matters that have been publicized by the Today Show, Good Morning America, ABC, Fox and many other media outlets. At Gruber Law Offices, Steven also manages and leads a powerful team of 130 talented professionals. He is proud to continue the family legacy of positively impacting our community.