Atlanta Uber & Lyft Rideshare Accident Attorney

Who Pays After an Uber or Lyft Accident in Georgia?

Hurt in a Lyft? Our Atlanta Lyft accident lawyer page covers Lyft’s insurance, uninsured-driver coverage and what to save after a Lyft crash. Our guide explains whether you can sue Uber or Lyft directly in Georgia.

Georgia’s rideshare insurance law is O.C.G.A. § 33-1-24. It splits a driver’s time into periods, and the required coverage changes with each one. The driver’s app status at the moment of the crash usually decides which policy pays first.

• App off. The driver is not working, so the Uber or Lyft policy does not apply. The driver’s personal auto policy pays, and Georgia’s minimum is $25,000 per person and $50,000 per accident for injuries.
• App on, waiting for a request. Georgia requires a primary policy with at least $50,000 per person, $100,000 per accident and $50,000 for property damage (O.C.G.A. § 33-1-24(b)(2)). Uninsured motorist coverage is not required in this period.
• Ride accepted, en route or on the trip. From the moment the driver accepts a request until the ride ends, Georgia requires at least $1 million per occurrence for injuries and property damage (O.C.G.A. § 33-1-24(b)(3)). The policy must also include uninsured and underinsured motorist coverage.

Driver’s app status at the crash	Policy that pays first	Liability coverage Georgia requires	Uninsured motorist coverage
App off	The driver’s personal auto policy	$25,000 per person and $50,000 per accident for injuries	Not required by the rideshare law
App on, waiting for a request	Primary policy required by O.C.G.A. § 33-1-24(b)(2)	$50,000 per person, $100,000 per accident and $50,000 property damage	Not required by the rideshare law
Ride accepted, en route or on the trip	Policy required by O.C.G.A. § 33-1-24(b)(3)	$1 million per occurrence	Required (see the 2023 change below)

Uber’s insurance page says it maintains at least $1 million in third-party liability coverage from acceptance through drop-off, and Lyft’s page says it does in most markets. If a driver’s own required coverage lapses, Georgia makes the company’s coverage primary from the first dollar of the claim (O.C.G.A. § 33-1-24(f)).

Proving app status is often the first fight. Personal auto insurers may exclude coverage while a driver is logged on (O.C.G.A. § 33-1-24(g)), so each insurer may point to the other. The company must answer the driver’s insurer within 15 days of a request. It must give the crash time and the driver’s log-on and log-off times for 12 hours before and after (O.C.G.A. § 33-1-24(h)(4)). Our post on whether the Uber driver’s app was on explains how that proof works.

Georgia’s ride share licensing statutes, O.C.G.A. §§ 40-1-190 to 40-1-200, cover registration, driver lists and a required zero tolerance policy on drugs and alcohol (O.C.G.A. § 40-1-193). The dollar amounts that matter in an injury claim come from § 33-1-24.

Written by attorney Jonathan Flack. Before founding Flack Injury Law, Jonathan spent two and a half years on the insurance side of commercial truck, tractor-trailer and medical transport van cases. Super Lawyers Rising Star (2024 to 2027). The National Trial Lawyers Top 40 Under 40, Civil Plaintiff (2026). GTLA member. Last reviewed: November 1, 2026.

Uninsured Motorist Coverage on Uber and Lyft Policies After 2023

Georgia’s minimum liability limit is $25,000 per person, which often does not cover a serious injury. When the at-fault driver has too little insurance or none, uninsured and underinsured motorist (UM) coverage is the next source of money.

For crashes on or after July 1, 2023, Georgia lowered the UM coverage rideshare policies must carry during a trip. The requirement dropped from $1 million to at least $300,000 per accident, with up to $100,000 per person (House Bill 529, amending O.C.G.A. § 33-1-24(b)(3)). The $1 million liability requirement did not change.

If the rideshare driver caused the crash, the $1 million liability policy is usually the main source. If another driver caused it and carried little or no insurance, a passenger’s recovery from the rideshare UM policy may be capped at $100,000. Our post on the 2023 change to Uber and Lyft uninsured motorist coverage walks through examples.

Your own policy can fill the gap. Georgia auto policies include UM coverage unless a named insured rejected it in writing, and relatives living in the same household are covered too (O.C.G.A. § 33-7-11). By default, Georgia UM coverage is added on top of the at-fault driver’s liability limits, unless the policyholder chose the reduced option.

In one left-turn crash, we pursued every available policy, including the client’s stacked uninsured motorist coverage, and resolved the claim for $325,000 for the client. Past results do not guarantee a future outcome.

Can You Sue Uber or Lyft Directly?

Usually not for the driver’s carelessness alone. Georgia makes an employer liable for an employee’s negligence within the scope of the business (O.C.G.A. § 51-2-2). It generally does not make a company liable for an independent contractor who is not under its immediate direction and control (O.C.G.A. § 51-2-4).

Uber and Lyft both treat drivers as independent. Uber’s U.S. terms say drivers are not its employees or agents, and Lyft’s terms describe the relationship as one between independent contracting parties. That classification makes a negligence claim against the company itself harder.

The insurance still applies. Georgia ties the required coverage to the driver’s app status, not to whether the driver is an employee (O.C.G.A. § 33-1-24). In most rideshare cases, the real questions are which period the crash happened in and which policies apply.

Both companies’ terms of use also say riders must bring most claims against the company itself in individual arbitration, with limited exceptions such as sexual assault claims. A negligence claim against the driver who caused the crash is a separate claim.

The Georgia insurance rules are the same for Uber and Lyft. If a Lyft driver was involved, our Atlanta Lyft accident lawyer page covers Lyft-specific steps.

Who Can Make a Rideshare Injury Claim?

Passengers

If you were riding during an accepted trip and the rideshare driver caused the crash, the $1 million policy applies. If another driver caused it, that driver’s insurer pays first, then the rideshare UM coverage and your own UM coverage may apply. Our guide for passengers hurt in an Uber or Lyft explains who pays medical bills along the way.

Other Drivers, Pedestrians and Cyclists

If a rideshare driver hit you, the app period decides the coverage: the personal policy, the $50,000 per person minimum, or $1 million. The same liability coverage protects people outside the car, including pedestrians and cyclists. Your own UM coverage may add to it if the limits fall short.

The Rideshare Driver

Driving for Uber or Lyft usually does not come with workers’ compensation. The companies classify drivers as independent contractors, and Georgia’s workers’ compensation law does not treat a person who qualifies as an independent contractor as an employee (O.C.G.A. § 34-9-1(2)).

An injured driver usually claims against the at-fault driver first, then the rideshare UM coverage if the crash happened after a ride was accepted. Our post for injured Uber and Lyft drivers covers each option.

Atlanta Rideshare Crashes: Airport Pickups and Robotaxis

At Hartsfield-Jackson, Domestic Terminal rideshare pickups happen in the North Economy lot, according to the airport. Riders reach it from North baggage claim by the lower-level escalators near door LN1. At the International Terminal, pickups use the arrival level curb outside doors A1 and A2.

Those lots and curbs mix walking travelers, waiting drivers and cars pulling in and out. A driver who has accepted your ride is already in the $1 million period before you get in, because that period starts at acceptance (O.C.G.A. § 33-1-24(a)(5)(B)).

Driverless cars are part of Atlanta’s rideshare market too. When Waymo launched on Uber in Atlanta on June 24, 2025, Uber said riders requesting UberX, Comfort or Comfort Electric could be matched with a Waymo. The launch service area covered 65 square miles, including Downtown and Buckhead. Uber said riders could switch to a standard ride before a Waymo was sent. Our guide to Waymo crashes in Atlanta covers who is liable when no one is driving.

What to Save After an Uber or Lyft Crash

Uber and Lyft hold the trip data that proves app status. What you save on your phone helps you get it:

• Screenshots of the trip in the app, showing the driver’s name and photo, the vehicle, the license plate, and the pickup and drop-off times.
• The ride receipt from your email or the app.
• Your in-app crash report. Uber tells riders to use its “I was riding in an Uber involved in a crash” option and says everyone involved should report to Uber.
• Photos and video of the vehicles, the scene, your injuries and any road signs or markings.
• Names and phone numbers of both drivers, other passengers and witnesses, plus the police report number.
• The insurance information for every driver. Georgia requires rideshare drivers to keep digital identification on their phone that includes proof of insurance (O.C.G.A. § 40-1-193).
• Medical records and bills from the first visit forward.

A preservation letter sent early asks Uber or Lyft to keep trip, GPS and log-in records. Do not give a recorded statement to any insurer or sign a release before getting advice. The wrong release can end an uninsured motorist claim.

Deadlines, Shared Fault and Georgia’s 2025 Tort Reform

Most injury lawsuits must be filed within two years of the crash (O.C.G.A. § 9-3-33). Claims involving a city, county or state vehicle may require written notice sooner.

Georgia uses modified comparative fault. Your recovery is reduced by your share of the blame, and it is barred if you are 50% or more at fault (O.C.G.A. § 51-12-33). When two drivers share the blame for hitting a rideshare passenger, fault is divided between them.

Governor Kemp signed Senate Bill 68 on April 21, 2025. It did not change the rideshare insurance minimums in Title 33, but several changes affect rideshare claims:

• Seat belts. Not wearing a seat belt may now be considered on negligence, comparative fault and causation, and may reduce damages (O.C.G.A. § 40-8-76.1(d)). The rule covers a belt not worn in any seat, so it can affect back-seat rideshare passengers even though Georgia requires adults to buckle up only in the front seat.
• Medical bills. For crashes on or after April 21, 2025, medical damages are limited to the reasonable value of necessary care. The jury may hear what health insurance actually paid, not only what was billed (O.C.G.A. § 51-12-1.1). Letter of protection arrangements are now discoverable.
• Pain and suffering argument. A lawyer may argue a dollar figure for noneconomic damages only after the evidence closes, and it must be rationally related to the evidence (O.C.G.A. § 9-10-184).
• Separate trials. Either side may ask for fault to be tried first and damages second (O.C.G.A. § 51-12-15).

Atlanta Uber and Lyft Accident Questions

Who pays if my Uber or Lyft driver caused the crash?

The rideshare policy usually pays if the crash happened after the driver accepted a ride. Georgia requires at least $1 million in liability coverage from acceptance until the ride ends (O.C.G.A. § 33-1-24(b)(3)).

Does Lyft’s insurance cover me as a passenger in Georgia?

Usually, yes. From the moment a Lyft driver accepts your ride until the ride ends, Georgia requires at least $1,000,000 in liability coverage (O.C.G.A. § 33-1-24(b)(3)). Lyft’s insurance page states the same $1,000,000 minimum for rides in progress. Whether it pays depends on who caused the crash.

What if the driver who hit my Lyft had no insurance?

During a ride, Georgia requires uninsured and underinsured motorist coverage on the rideshare policy. For crashes on or after July 1, 2023, the policy must provide at least $300,000 per accident, with a per-person limit of up to $100,000 (O.C.G.A. § 33-1-24(b)(3)). Your own UM coverage may also apply, depending on your policy.

Who pays if another driver hit my Uber?

The at-fault driver’s liability insurance pays first. If its limits are too low, the rideshare UM coverage and your own UM coverage may pay the rest.

Does Uber’s $1 million policy apply if the driver was just waiting for a ride?

Usually not. Georgia’s $1 million requirement starts when the driver accepts a ride. With the app on and no ride accepted, Georgia requires $50,000 per person and $100,000 per accident (O.C.G.A. § 33-1-24(b)(2)). With the app off, only the driver’s personal policy applies.

Can I sue Uber or Lyft directly?

Usually not for the driver’s negligence, because the companies classify drivers as independent contractors (O.C.G.A. § 51-2-4). Their insurance still covers the driver during app-on periods.

How long do I have to file an Uber accident claim in Georgia?

Most injury lawsuits must be filed within two years of the crash (O.C.G.A. § 9-3-33). Evidence such as app data and video can disappear much sooner, so start early.

Do I need an Atlanta Uber accident lawyer?

You are not required to have one, but rideshare claims often involve two or three insurers arguing over app status. You can speak directly with Jonathan Flack in a free consultation. You owe no fee and no case costs unless we recover money for you.

Talk With an Atlanta Uber and Lyft Accident Attorney

Jonathan Flack knows how insurers defend commercial vehicle claims because he used to work on that side. He works directly on every case, and he files suit when an insurer will not pay fairly.

In one past case, we represented a client after a rideshare crash and resolved the claim for $250,000. Past results do not guarantee a future outcome. If your crash happened outside Atlanta, see our Georgia Uber and Lyft accident guide.

Call Flack Injury Law at (678) 653-0309 or reach out online for a free consultation. Our office is at 1201 W Peachtree St in Midtown Atlanta, by appointment. Flack has your back.