How Does an Uber Background Check Affect an Accident Claim?
An Uber background check can affect an accident claim if Uber approved a driver with serious criminal convictions or driving violations. In that situation, you may investigate whether Uber failed to properly screen the driver, which could support a corporate negligence claim after an Uber accident.
However, proving Uber’s negligence usually requires internal records that you cannot access on your own. At Todd Miner Law, our personal injury lawyers use legal tools such as discovery requests, subpoenas, and depositions to obtain this evidence. These records may include the driver’s background check, motor vehicle record, screening results, prior complaints, and internal safety protocols and communications. Call 407-894-1480 for a free case evaluation.
When Can an Uber Background Check Affect Liability in a Rideshare Crash?
An Uber background check can affect liability when Uber’s own screening or monitoring failures contribute to a rideshare crash. For example, Uber may share liability if it approves an ineligible driver, fails to conduct required rechecks, or returns a driver to the platform despite known safety concerns.
In addition, if Uber allowed someone to start driving before completing these checks, that failure may support direct liability after a crash. In such cases, your lawyer can compare the driver’s approval date, screening completion date, and first trip date to confirm Uber’s fault.
If Uber is held directly liable, its liability insurance policy may cover your damages, including medical bills, lost wages, and pain and suffering. Uber also uses self-insurance arrangements, meaning the company may pay certain losses directly rather than relying solely on external insurers.
Furthermore, Uber also manages some risks through a captive insurance subsidiary. This is an insurance company controlled by Uber that covers specific business risks. If the available insurance does not fully cover the claim, Uber may have to pay the remaining amount from its own corporate funds.
What Does Uber Review During a Background Check?
During a background check, Uber reviews a driver’s identity, driving history, license validity, and criminal history. The company also verifies details such as the driver’s full name, date of birth, Social Security number, government-issued ID, and live profile photo. Uber then uses separate motor vehicle and criminal checks before approving a driver, including:
- Local and state criminal records
- Proprietary national criminal databases
- Federal court records
- Lifetime residence history traced through the driver’s Social Security number
- The National Sex Offender Public Website
- International sanctions lists
- Databases used to identify suspected terrorists
- County court records connected to the driver’s residence history
- Motor vehicle records showing driving history and current license status
In addition, Florida does not require Uber to use fingerprint-based background checks. Instead, Uber relies on other screening methods, including Social Security number tracing. In June 2026, Uber expanded this search from seven years to 99 years. This allows screening providers to identify multiple states and counties associated with a driver over a much longer period and review relevant criminal records from those locations.
If these searches identify a possible criminal record, the screening provider does not rely only on the database match. It cross-checks the record with the relevant county courthouse to confirm the person’s identity, the exact charge, and the case outcome. Uber then uses that verified information when deciding whether the driver meets its screening requirements.
Which Records Can Disqualify a Driver?
In Florida, a DUI or reckless driving conviction within the past five years can make a driver ineligible for Uber. Under Florida Statute § 627.748(12), more than three moving violations within the previous three years can also disqualify a driver.
Here are some other records that may make a driver ineligible to work for a rideshare company:
- Felony convictions within the past five years
- Hit-and-run convictions within the past five years
- Fleeing or attempting to escape from police within five years
- Violent misdemeanor convictions within the past five years
- Sexual assault or certain indecent conduct offenses within five years
- A match on the National Sex Offender Registry
- Driving with a suspended or revoked license within the past three years
What If the Background Check Contained Wrong Information?
If the background check contained incorrect information, liability depends on how the error occurred. Your lawyer can compare the report with official criminal and driving records to identify who supplied, reported, or ignored the wrong information.
For example, if the driver provided false details, they may be responsible for misleading the hiring process. Similarly, if the screening company reported inaccurate records, that company may also face liability. Uber may share responsibility if it had information showing the safety report was wrong, but still approved the driver.
How Often Must Uber Recheck Drivers in Florida?
Under Florida Statute § 627.748(12)(b), Uber must conduct the required criminal background check on each driver every three years. However, Uber checks drivers more frequently and reruns criminal and motor vehicle checks at least once every year.
In addition, the company also uses continuous monitoring between annual checks. This system can alert Uber when an active driver is charged with new criminal offenses. As a result, Uber can review new information without waiting for the next annual check.
For an accident claim, your lawyer can compare the crash date with Uber’s most recent screening and any alerts received before the accident. This can help show whether Uber knew about new rideshare safety risks yet failed to take action against the driver.
Does Contractor Status Protect Uber From Liability?
No, contractor status does not automatically protect Uber from liability. Under Florida Statute § 627.748(9), Uber may treat drivers as independent contractors when certain conditions apply. For example, drivers must be free to choose their working hours and use other rideshare platforms.
Uber and the driver must also agree to the contractor relationship in writing. However, Uber can still face liability for its own conduct. Therefore, your lawyer can examine both the driver’s contractor status and Uber’s own actions before determining the applicable legal claims.
What If the Driver Passed the Check Before the Crash?
If the driver passed Uber’s background check before the car crash, Uber may use that to defend its screening process. However, that does not mean Uber automatically avoids liability. A background check only reflects the information available at the time. The driver’s record can change later, and Uber may still have a duty to respond to new safety concerns.
For example, the driver may later receive a reckless driving citation, face criminal charges, or receive serious complaints from passengers. If Uber allowed the driver to remain active despite those warning signs, the earlier clean record may not protect the company from liability.
How Soon Should Driver Screening Records Be Preserved?
Driver screening evidence should be preserved immediately after a rideshare accident, when it may affect liability. Delays can create disputes over missing or altered evidence. A lawyer can send a preservation notice early, so Uber and other involved companies must retain relevant materials tied to the driver and the crash.
If the company destroys relevant evidence after receiving a preservation notice, that can support your claim. In such cases, your lawyer can raise a spoliation issue and argue that the missing evidence may have been unfavorable to the company.
The court may then impose sanctions or allow an adverse inference, depending on the circumstances. As a result, the judge or jury can treat the missing evidence as potentially harmful to the rideshare company’s position.
How Long Does Uber Keep Driver Screening Records?
Uber keeps background check information for the life of a driver’s account plus seven years. This includes screening data such as criminal records, driving history, license status, prior addresses, and other names used. However, Uber may preserve relevant information longer if an incident could lead to litigation or an insurance claim.
Can a Screening Failure Support Punitive Damages?
Yes, a screening failure can support punitive damages if the facts show more than ordinary negligence. Under Florida Statute § 768.72(2), you must show that Uber acted with intentional misconduct or gross negligence. This may include knowingly allowing a driver to remain active despite serious safety concerns or disqualifying information.
Moreover, under Florida Statute § 768.73, punitive damages generally cannot exceed the greater of three times the compensatory damages or $500,000. However, different limits may apply if the conduct involved unreasonable financial gain or a specific intent to cause harm.
How Can an Uber Accident Lawyer Investigate Screening?
To investigate screening, our Uber accident lawyers rebuild the driver’s history using court records and motor vehicle records. Then, we compare that history with Uber’s screening results and approval decisions. This helps us identify missed violations, incomplete checks, or other gaps that may show Uber failed to screen the driver properly.
If needed, we also consult background-screening experts. They evaluate the search methods, database coverage, record-matching process, and review procedures. Their analysis can help explain whether the screening process should have identified the driver’s history. Call 407-894-1480 for a free consultation.
Can Uber Blame a Third-Party Screening Company?
Yes, Uber may blame a third-party screening company if that company handled part of the background check. For example, Uber may argue that the screening provider failed to detect a criminal record or driving violation. However, that argument does not automatically remove Uber from responsibility for approving or retaining the driver.
In addition, your lawyer will also examine Uber’s relationship with that screening company. For instance, if Uber failed to properly vet the provider, ignored repeated screening errors, or continued using a company with known reporting problems, Uber may still share responsibility.
What If Uber Denies Responsibility for the Rideshare Driver?
If Uber denies responsibility for the driver despite supporting evidence, consult our lawyers at Todd Miner Law. We can file a lawsuit on your behalf and require Uber to respond to the claim in court. Our lawyers have 30+ years of local courtroom experience, so we understand Florida court procedures and how to move your case forward efficiently.
Here is how we can file a lawsuit to hold Uber accountable:
- File the lawsuit: Our lawyers prepare the complaint, identify the responsible parties, and explain how their actions contributed to your Uber accident.
- Serve Uber: We officially serve the complaint to Uber. This initiates the legal process and sets a deadline for Uber to respond in court.
- Gather evidence and take depositions: We use discovery to obtain Uber’s internal records and question company representatives under oath.
- Negotiate a settlement: If the evidence strengthens your claim, we can continue negotiations for fair compensation.
- Take the case to trial: If Uber still refuses to resolve the claim fairly, we can present it to a judge or jury and seek a favorable verdict.
Is There a Current Lawsuit Involving Uber Background-Check Failures?
Yes, a current lawsuit involves claims that Uber’s background-check process failed to identify serious prior driving-related history before a fatal crash. In Estate of Silvia Manzo Velasco v. Uber Technologies, Inc., the plaintiffs allege that Uber and Portier used Checkr to screen driver Andrew Burgher. However, the screening failed to uncover prior convictions showing that he was on probation for a second DUI.
In October 2021, Burgher allegedly drove while intoxicated at speeds of up to 120 mph and crashed into another vehicle, killing passenger Silvia Manzo Velasco. The lawsuit includes negligence and negligent hiring, supervision, and retention claims against Uber, Portier, and Checkr, but it is still pending.
In August 2026, the court continued several summary judgment motions to January 22, 2027. Therefore, the allegations remain disputed, and the court has not yet found Uber liable.
Our Rideshare Lawyers Can Help You Hold Uber Accountable if Unsafe Driving Caused Your Crash!
If Uber’s negligence caused your accident, you may be able to sue the company directly for your losses. However, these claims can be difficult to pursue because Uber has corporate lawyers and may deny responsibility. Furthermore, proving the company’s role often requires strong internal evidence that you can usually access only through legal tools such as discovery, subpoenas, and depositions.
At Todd Miner Law, we secure the evidence needed to investigate Uber’s role in the crash. We use screening records, recheck dates, internal communications, and deposition testimony to show what Uber knew before the crash and why the driver remained active. Then, we connect any screening or safety failure to the driver’s conduct and resulting injuries to hold Uber accountable. Call 407-894-1480 or visit 915 Outer Rd, Orlando, FL 32814, to discuss your case.
FAQs
What Happens If an Uber Driver Uses Someone Else’s Account?
If an Uber driver uses someone else’s account, Uber may argue that the person behind the wheel was never an approved driver and deny coverage. However, your lawyer can examine whether Uber’s identity verification and live profile photo checks should have detected the unauthorized driver. If Uber failed to prevent or detect the account misuse, your lawyer can use that failure to challenge Uber’s denial of responsibility.
Can Background Check Evidence Be Obtained Before a Lawsuit?
Yes, your lawyer can obtain some background check evidence before filing a lawsuit. This may include public criminal records, court records, and parts of the driver’s motor vehicle history. However, Uber’s internal screening files, review notes, and communications usually become much easier to obtain once a lawsuit is filed.
What If Uber Deactivated and Later Reactivated a Driver?
If Uber deactivated and later reactivated a driver, that history may strengthen your claim. It can show Uber previously identified a safety, conduct, or driving concern, but still allowed the driver back on the platform. Your lawyer can investigate why Uber reactivated the account and whether it ignored unresolved warning signs.
Who Performs Uber’s Driver Background Checks?
Uber uses accredited third-party screening companies to perform driver background checks. Its current U.S. screening providers include Checkr, HireRight, and Samba Safety. These companies review criminal history and motor vehicle records, while Uber makes the final decision about whether a prospective driver meets its screening requirements.
Does Uber Review a Driver’s Insurance History?
No, Uber does not review a driver’s full insurance history as part of its standard background check. Instead, Uber verifies that the driver has valid auto insurance. Therefore, past claims, policy cancellations, or coverage disputes typically do not affect a driver’s approval in Uber’s screening process.
Can You Sue Both Uber and the Driver After a Crash?
Yes, you may sue both Uber and the driver after a crash if the facts support claims against each party. The driver may face liability for causing the accident. At the same time, Uber may face separate claims involving screening failures, unsafe retention, or other corporate negligence connected to the crash.
