Who Pays If You're Hurt in an Uber or Lyft in Georgia?

Rideshare crashes are different from ordinary car accidents in one important way: there can be several insurance policies involved, and they don't always agree about who should pay. The rideshare driver has personal insurance. Uber and Lyft carry their own policies. Another driver may be involved, and you may have coverage of your own.

Which policy pays depends on two questions: what role you played in the crash, and what the rideshare driver's app was doing at the time. Here's how it works in the most common situations.

Why the Driver's App Status Matters

Georgia law requires rideshare coverage that changes depending on what the driver was doing:

• App off. The driver's personal auto insurance applies, the same as any other driver.
• App on, waiting for a ride request. Coverage must provide at least $50,000 per person and $100,000 per accident for injuries, plus $25,000 for property damage.
• Ride accepted or passenger in the car. Coverage must provide at least $1,000,000 in liability coverage.

For a deeper explanation of these coverage periods, see our Uber and Lyft accident lawyer page.

Who Pays, Situation by Situation

These are general patterns. The details of every policy matter, and more than one policy may contribute in the same case.

If You Were a Passenger

Passengers are in one of the strongest positions after a rideshare crash. You weren't driving, so you're rarely found at fault.

If the rideshare driver caused the crash, the rideshare company's coverage during a trip generally applies, with at least $1,000,000 in liability coverage available.

If another driver caused the crash, that driver's insurance is usually responsible first. If their coverage is too small for your injuries, or they have no insurance at all, the rideshare company's policy may provide uninsured or underinsured motorist coverage during the trip. Your own uninsured motorist coverage may also apply, since in Georgia that coverage generally follows you even when you're riding in someone else's vehicle.

If You Were Driving Another Car

If a rideshare driver hit you, the coverage depends on what their app was doing:

• If the app was off, you'll usually make a claim against the driver's personal auto insurance.
• If the app was on and waiting for a request, the waiting-period coverage applies.
• If the driver was on a trip, the higher trip coverage applies.

The waiting period can create problems. Many personal auto policies exclude coverage while someone is driving for a rideshare company, unless the driver purchased a special rideshare endorsement. When that happens, insurers may argue over who is responsible, which is one reason these claims can stall without someone pushing them forward.

If You Were a Pedestrian or Cyclist

Pedestrians and cyclists hit by a rideshare driver can bring a claim using the same app-status rules. Busy pickup and drop-off areas are common trouble spots, from Midtown and Buckhead to the rideshare areas around Hartsfield-Jackson. If your crash happened near the airport in Clayton County, our Jonesboro personal injury lawyer page covers local details like crash reports and courts.

If the rideshare coverage isn't enough, your own auto policy may help, even though you weren't in a car. Uninsured motorist and medical payments coverage can sometimes apply to pedestrians and cyclists.

If You Were the Rideshare Driver

Rideshare drivers get hurt too. If another driver caused the crash, you can bring a claim against that driver's insurance like anyone else. Additional coverage may be available through the rideshare company's policies or your own, depending on what your app was doing and what coverage was in place.

Because Uber and Lyft treat drivers as independent contractors, drivers usually aren't covered by workers' compensation. That makes it especially important to look at every available policy.

Common Problems in Rideshare Claims

Disputes over app status. If the driver's account of what the app was doing doesn't match reality, coverage can be denied or reduced. Trip records and app data settle these questions.

Insurers pointing at each other. When multiple policies might apply, each insurer may argue that another one should pay first. Without someone coordinating the claims, injured people can be left waiting.

Fault arguments. If you were driving another car, insurers may argue you were partly to blame. Under Georgia law, that can reduce or eliminate your recovery. Our guide to Georgia's comparative fault rule explains how that works.

Delays and lowball offers. Large companies and their insurers have time on their side. Early offers often don't reflect the full cost of your injuries.

What to Save Right Away

Rideshare cases often depend on digital records. As soon as you can:

• Screenshot your trip in the app, including the driver's name, vehicle, route, and times
• Save any receipts or messages from Uber or Lyft
• Photograph the vehicles, the scene, and your injuries
• Get contact and insurance information from every driver involved
• Report the crash in the app, sticking to basic facts

For more steps to take after a crash, see our car accident checklist.

Get Help Sorting Out the Coverage

You shouldn't have to figure out which insurance company owes you while you're trying to recover. The Adebayo Law Firm represents passengers, drivers, pedestrians, and rideshare drivers across metro Atlanta. We identify every policy that applies, deal with the insurers, and fight for the full compensation you deserve.

Remember that Georgia's filing deadlines still apply. Our guide to the Georgia statute of limitations explains how much time you have.

Your consultation is free, and there's no obligation. Contact us or call (678) 250-9150 to talk about your case.