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Who Do I Sue if a Negligent Uber Driver Hits Me in Colorado?
Recovering compensation from an accident involving a rideshare driver can be slightly more complex than the average collision. In many cases, you can bring a claim against the Uber driver who caused the collision. Depending on the facts, you might also have the option of seeking recovery through Uber’s insurance, another negligent driver, or the vehicle’s owner. An experienced Larimer County, CO rideshare accident attorney can help you sort out the right defendants and preserve key evidence to build and protect your claim.
When Does Uber’s Insurance Pay for Damages in Colorado?
Colorado requires Transportation Network Companies to provide primary automobile insurance while a driver is using the app. Whether you file your claim through Uber’s policy depends on the driver’s status at the time of the crash:
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App off: If the driver is not working, their personal auto policy applies. Uber’s policy does not apply.
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App on, waiting for a ride: The driver is available but has not accepted a trip. Uber must provide primary coverage that fills any gap left by the driver’s policy.
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Trip accepted or rider in the vehicle: From acceptance through drop-off, Uber’s higher-limit policy is primary for covered claims.
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Other insurance that may contribute: Depending on the policies in place, uninsured/underinsured motorist or medical payments coverage may also apply, and multiple insurers may share responsibility.
These duties are set by Colorado’s TNC statute, C.R.S. § 40-10.1-604, which requires a driver or the company, on the driver’s behalf, to maintain primary coverage during app use.
How Do Colorado Auto Accident Laws Impact Your Claim?
Fault is the center of auto accident claims, and Colorado has several statutes that address the question of liability. For example, Colorado abides by the modified comparative negligence rule, under C.R.S. § 13-21-111, to govern cases involving shared fault. If you are partially responsible for the accident, your damages are reduced by your percentage of fault, and you cannot recover losses if you are 50 percent or more responsible.
Timing also matters. Most claims related to a car accident must be filed within three years of the date of the crash, according to C.R.S. § 13-80-101(1)(n). Missing this deadline can end your case, even if liability is clear.
What Compensation Can You Recover From a Rideshare Accident in Colorado?
You may seek payment for medical bills, future treatment, lost wages, and reduced earning capacity if injuries affect your work. The law also permits you to request compensation for your non-financial losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. If your car or bike was damaged, you can claim repair or replacement costs and loss of use.
Careful documentation helps prove your losses. Therefore, keep your medical records, prescriptions, mileage to appointments, pay stubs, and photos of the scene and your injuries organized for your case. Your attorney can request app data, trip logs, and telematics that show when the driver was logged in and whether Uber’s policy should apply. The more evidence you have, the stronger your claim will be.
For a Free Consultation, Contact a Fort Collins, CO Rideshare Accident Attorney Today
A rideshare claim can move fast and involve multiple insurers. At Hoggatt Law Office, P.C., our team has the experience you need to build a robust case against the at-fault party in your case. We have secured settlements approaching one million dollars in motor vehicle accident cases, and Attorney Darby Hoggatt will fight aggressively to protect your rights. Call 970-225-2190 to speak with a Larimer County, CO rideshare accident lawyer today for clear guidance on your options. Se habla Español.

970-225-2190 | 1-800-664-3151
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Loveland, Colorado 80538
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