Was the Uber Driver’s App On? Why It Changes Your Georgia Claim

When an Uber or Lyft driver hits you in Georgia, the most important question is what the driver’s app was doing at that moment. The answer can be the difference between a $25,000 personal policy and a $1 million rideshare policy. (If you were riding in the Uber or Lyft, see who pays when you’re hurt as a passenger. If you were the rideshare driver and got hurt, see where an injured Uber or Lyft driver’s compensation can come from.)

Three App Statuses, Three Coverage Levels

Driver’s app status	Coverage that applies	Minimum liability limits
App off	The driver’s personal auto policy	$25,000 per person, $50,000 per accident (Georgia minimum)
App on, waiting for a ride	Rideshare coverage	$50,000 per person, $100,000 per accident, $50,000 property damage
Ride accepted, en route or carrying a passenger	Rideshare coverage	$1 million per occurrence

These minimums come from O.C.G.A. § 33-1-24. Georgia requires primary coverage during both app-on periods, so the rideshare policy usually pays first and you don’t have to use up the driver’s personal policy.

Why It’s Hardest When the Uber Driver’s App Is Off

If the Uber or Lyft driver had the app off, the rideshare company’s coverage doesn’t apply at all. You are left with the driver’s personal policy, which may be as low as $25,000 per person. If that isn’t enough to cover your injuries, your own uninsured motorist coverage becomes the main source of additional money.

There is a second trap. Many personal auto policies exclude driving for a rideshare company. If the driver was logged in but says the app was off, or the reverse, the personal insurer and the rideshare insurer may each say the other should pay.

How to Prove Whether the Uber Driver’s App Was On

• Trip and log-in records kept by Uber or Lyft
• The driver’s phone and app activity
• Rideshare signs or decals on the car, and what the driver said at the scene
• Passenger statements, if someone was in the car
• The police report

The driver’s insurer can demand the rideshare company’s log-in data. Injured people usually get these records through formal requests in a lawsuit, and a preservation letter sent early helps make sure they aren’t lost.

What This Means for Your Claim

• Your own uninsured motorist coverage matters most when coverage is low. Read how uninsured motorist coverage works in Georgia.
• Fault rules are the same. Georgia reduces recovery by your share of fault and bars it at 50% or more. See at-fault accidents in Georgia.
• Settle carefully. Accepting the driver’s policy limits with the wrong release can end your uninsured motorist claim. A limited release protects it only if it meets the statute’s exact terms. See general vs. limited releases.
• Watch the deadline. Most injury lawsuits must be filed within two years. See Georgia filing deadlines.

Frequently Asked Questions

Talk With Jonathan About Your Crash

For a full statewide breakdown, see our Georgia rideshare accident guide. If you were hit in the Atlanta area, our Atlanta Uber and Lyft accident lawyer page explains how Jonathan Flack gets trip records and deals with multiple insurers. Request a free consultation or call (678) 653-0309.

Related Guides

• Atlanta Uber and Lyft Accident Attorney
• Lyft Accident Lawyer in Atlanta
• Uber or Lyft Driver Injured in Georgia? Where Your Compensation Can Come From
• Uber and Lyft Cut Uninsured Motorist Coverage in Georgia: What It Means for You
• Waymo’s Driverless Cars Are in Atlanta: What Happens if One Hits You?

See all our guides for people hurt in Georgia crashes.