Depending on what the driver was doing at the time of the collision, you may be able to file a claim against Uber. Specifically, if the driver was waiting for a ride or driving a passenger at the time of the crash, you can likely access Uber’s insurance policy - whether you were a passenger, driving another vehicle, or were otherwise harmed by the accident. Otherwise, you may be limited to the driver’s personal insurance policy.
There may be other options for pursuing a personal injury lawsuit against Uber. Although the company classifies its drivers as independent contractors in an attempt to avoid this type of liability, you may still be able to file a claim against it in certain circumstances. For example, if Uber failed to enforce its qualification requirements for drivers or hired a driver with a history of DUI charges, that may be the basis for a lawsuit against them.