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.)
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
Ask for the records. Uber and Lyft keep log-in and trip data that shows the app status at the time of the crash, and you or your attorney can ask that it be preserved right away.
Yes. Once the driver accepts a ride request, Georgia requires the $1 million coverage, including while driving to the pickup.
The rideshare coverage still applies, but at lower minimums: $50,000 per person and $100,000 per accident.
If the app was on, the rideshare coverage should apply. If the app was off and the personal policy excludes the trip, your own uninsured motorist coverage may be the main option.
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 rideshare accident attorney page explains how Jonathan Flack gets trip records and deals with multiple insurers. Request a free consultation or call (678) 653-0309.
This article is general information about Georgia law, not legal advice for any specific situation. Laws change and outcomes depend on facts particular to each case. Reading this page or contacting Flack Injury Law through this website does not create an attorney-client relationship. Do not send confidential information until an attorney-client relationship has been established.