A rideshare crash looks like an ordinary car accident until you ask who pays. Then it turns into a question about an app. In Georgia, the insurance that responds to an Uber or Lyft collision depends entirely on what the driver was doing inside the app at the moment of impact, and the gap between those phases can be the difference between a $25,000 policy and a $1 million one. For anyone injured in a rideshare crash, that structure is the place to start.
How the App Decides Who Pays
In a normal crash, you look to the at-fault driver’s personal auto policy. With Uber and Lyft, that policy often will not respond at all, because most personal auto policies contain a “driving for hire” exclusion that voids coverage the moment the driver is working. Georgia fills that gap through O.C.G.A. § 33-1-24, which requires transportation network companies to carry insurance tied to the driver’s status. The result is a layered system where the available coverage changes from one phase to the next.
The Three Periods
Coverage attaches in three stages, plus an offline state:
| Phase | Driver status | Coverage available |
|---|---|---|
| App off | Not logged in | Personal auto policy only; no TNC coverage |
| Period 1 | App on, no ride accepted | Contingent liability: $50,000 per person, $100,000 per accident, $25,000 property damage, applies only if personal auto denies |
| Period 2 | Ride accepted, en route to pickup | $1 million primary liability, plus UM/UIM |
| Period 3 | Passenger in the vehicle | $1 million primary liability, plus UM/UIM |
The jump from Period 1 to Period 2 is dramatic. A driver waiting for a ping carries thin contingent coverage; the instant they accept a trip, a $1 million policy turns on. That is why the exact second of the crash, and the trip data behind it, carries so much weight.
Who Is Responsible in Each Phase
If the app was off, you are dealing with a standard personal auto claim, likely a Georgia minimum-limits policy. In Period 1, the TNC’s contingent coverage only kicks in if the driver’s own insurer denies the claim, which it usually does because of the for-hire exclusion. In Periods 2 and 3, the $1 million liability policy is primary, so an injured party does not have to fight through the driver’s personal insurer first. A passenger riding during an active trip is generally in the strongest position of anyone on the road.
The UM Change Passengers Should Know
There is a recent shift that cuts against passengers. Before July 1, 2023, rideshare companies had to provide $1 million in uninsured and underinsured motorist coverage per incident during active trips. As of that date, the required UM/UIM minimum dropped to $300,000 per accident and $100,000 per person. That is a steep reduction in the protection available when another, underinsured driver causes the crash. The $1 million liability figure for the rideshare driver’s own fault remains, but the safety net for harm caused by an outside uninsured driver is now much thinner.
Proving Which Period Applies
Because everything turns on app status, that status has to be proven, and Uber and Lyft control the data. The records that establish it include the trip ID, timestamps showing when a ride was accepted, GPS logs, and the driver’s online status. Without that proof, a rideshare insurer can argue its coverage does not apply and try to route the claim to a thin personal policy instead. Requesting and preserving trip records early is often what determines which policy responds.
Frequently Asked Questions
Who pays if an Uber or Lyft driver causes my crash?
It depends on the driver’s app status. Off the app, it is their personal auto insurer. In Period 1, limited contingent TNC coverage applies. In Periods 2 and 3, a $1 million primary liability policy responds.
Am I better protected as a passenger or a bystander?
A passenger during an active trip is generally in the strongest position, because the $1 million policy is primary. A bystander’s recovery still depends heavily on which period the driver was in.
Did Georgia reduce rideshare insurance coverage?
The UM/UIM minimum for active trips dropped on July 1, 2023, from $1 million to $300,000 per accident and $100,000 per person. The $1 million liability coverage for the driver’s own fault did not change.
Why does proving the driver’s app status matter so much?
Because coverage and limits change between periods. Trip records, timestamps, and GPS data establish which phase applied, which determines which policy and limit respond to your claim.
Rideshare claims hinge on app status, overlapping policies, and trip data the companies hold. A Georgia personal injury attorney can identify which coverage applies to a particular crash.