If an Uber driver has hit you, get to a safe spot, call 911, and start documenting the scene before anything else. What happens next — and whose insurance pays — depends on one specific detail: what the driver was doing on the Uber app at the moment of the crash. That single fact decides whether you’re looking at as little as $25,000 in property damage coverage or up to $1 million in liability protection. Handling the first hours well protects both your health and your ability to recover compensation.
At the Scene
Move away from traffic and check yourself for injuries. Adrenaline hides pain, so don’t assume you’re fine just because nothing hurts yet. Call 911 if anyone is injured or there’s significant vehicle damage. The police report creates a timestamped, official account that carries real weight with insurance adjusters later. Describe what happened factually when officers arrive. Don’t speculate about fault and don’t minimize how you feel.
Before you leave, collect the following from the Uber driver:
- Name, phone number, and driver’s license number
- License plate, make, model, and color of the vehicle
- Their personal auto insurance carrier and policy number
- Their status on the Uber app at the moment of the crash: waiting for a ride request, heading to a pickup, or carrying a passenger
That last item matters more than most people realize. It controls which insurance policy applies and how much coverage you can access. If the driver won’t say, Uber’s own trip records and the police report can establish it later, but asking at the scene saves time and arguments.
Photograph everything. Vehicle damage from several angles, skid marks, traffic signals, road conditions, and any visible injuries. If witnesses stopped, get their names and phone numbers. Their accounts can break a tie if the driver later disputes what happened.
See a Doctor Within 24 to 48 Hours
Some of the costliest injuries from car crashes don’t announce themselves right away. Whiplash, concussions, and internal bleeding can take hours or days to produce noticeable symptoms. Get evaluated quickly even if you feel mostly okay. Beyond the health reason, a medical visit close in time to the accident creates a documented link between the crash and your injuries. Adjusters look for gaps in treatment as a reason to argue your injuries came from something else.
From your first appointment onward, keep every medical record, bill, prescription receipt, and therapy invoice in one file. Add transportation costs for appointments and any other out-of-pocket expenses. This paper trail becomes the backbone of your claim.
Which Insurance Policy Pays
Uber carries commercial auto insurance on behalf of its drivers, but the coverage level shifts with the driver’s app status. Uber divides this into three periods, and the differences are large.
App Off
When the Uber app is off, the driver is just another motorist. Uber provides no coverage. Your claim goes through the driver’s personal auto insurance, the same as any other car accident.
Period 1: App On, No Ride Accepted
Once the driver turns the app on and is available for ride requests but hasn’t accepted one, Uber provides limited third-party liability coverage: $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 for property damage per accident.1Uber. Insurance for Rideshare and Delivery Drivers If you suffer serious injuries during this period, the $50,000 per-person cap may not come close to your medical costs. In that situation, your own uninsured/underinsured motorist coverage or the driver’s personal policy may need to fill the gap.
Periods 2 and 3: Ride Accepted Through Drop-Off
Once the driver accepts a ride request and is heading to the pickup, coverage jumps substantially. Uber carries $1 million in third-party liability coverage for bodily injury and property damage through the end of the trip, including while a passenger is in the vehicle. Depending on state law, Uber may also maintain uninsured and underinsured motorist coverage, which protects you if an at-fault driver in a multi-vehicle crash carries little or no insurance.1Uber. Insurance for Rideshare and Delivery Drivers
Report the Crash to Uber and Your Insurer
Report the accident to Uber through the app as soon as you can. Open the Safety section, select “I was in an accident,” and provide the details, making sure you reference the correct trip if you were a passenger.2Uber. In Case of an Accident After your report, Uber notifies the appropriate insurance carriers, who should contact you by phone within a few business days.3Uber. How Does the Claim Process Work
Notify your own auto insurer too, even if you’re confident the Uber driver was at fault. In roughly a dozen no-fault states, you file first with your own insurer’s personal injury protection coverage regardless of fault, and your ability to sue the at-fault driver for pain and suffering is restricted unless your injuries cross a severity threshold set by state law. In the remaining at-fault states, the person who caused the accident bears financial responsibility and their liability insurer pays your damages. Either way, your insurer needs to know about the crash to protect your coverage.
Don’t delay either report. Late reporting is one of the easiest reasons for an insurer to slow-walk or push back on a claim.
Dealing With the Adjuster
Once your claim is open, expect calls from Uber’s insurance carrier and possibly your own insurer. Provide the police report, your medical records and bills, repair estimates, and documentation of lost wages. Be factual and organized. The adjuster’s job is to resolve the claim for as little as possible.
A few things trip people up. Giving a recorded statement before you understand the full extent of your injuries can lock you into a version of events that undervalues your claim. Insurers look for pre-existing conditions they can blame your symptoms on, and they treat gaps in treatment as evidence your injuries aren’t serious. Consistent care and thorough documentation from day one are the best defense against both tactics.
Uber’s insurer may also dispute the driver’s app status, since that directly controls how much coverage applies. If there’s a disagreement about whether the driver was in Period 1 versus Period 2, Uber’s own trip records typically resolve it, though you may need legal help to compel disclosure.
What You Can Recover
If the Uber driver was at fault, you can pursue compensation for both the financial costs and the personal toll of the accident:
- Medical expenses: hospital bills, surgery, physical therapy, prescriptions, medical equipment, and future treatment tied to the accident
- Lost income: wages missed during recovery, plus reduced earning capacity if your injuries limit your ability to work going forward
- Property damage: repair or replacement of your vehicle and personal belongings
- Pain and suffering: physical pain, emotional distress, loss of enjoyment of life, and similar non-economic harm
Punitive damages are available in some states when the driver’s conduct was especially reckless, such as driving while intoxicated, but they’re rare in standard negligence cases. If you share any fault for the accident, most states reduce your compensation by your percentage of responsibility. A handful of states bar recovery entirely if you’re even partially at fault, so the facts around how the crash happened matter.
The Filing Deadline
Every state sets a deadline for filing a personal injury lawsuit, and missing it forfeits your right to sue no matter how strong your case is. Most states give you two to three years from the date of the accident, though the window runs as short as one year or as long as six depending on where the crash happened. Some states also have separate, shorter deadlines for property damage claims.
This deadline matters even if you’re negotiating with Uber’s insurer and expect to settle. Insurers know the date and sometimes drag out negotiations until it passes, after which you lose all leverage because you can no longer threaten suit. Keep the filing deadline on your calendar from the start.
When to Hire a Lawyer
Minor fender benders with clear fault and small damage don’t always require an attorney. Rideshare accidents are more complicated than a standard two-car crash because of the layered insurance structure and potential disputes over app status. Consider legal help if any of these apply:
- Significant injuries such as broken bones, head injuries, or anything requiring surgery or extended treatment
- The Uber driver or their insurer claims you were partially or fully at fault
- Uber’s insurer argues the driver was in a different app period than you believe, which would reduce available coverage
- The initial settlement offer doesn’t come close to your medical bills and lost income
- The insurer stops responding, repeatedly requests the same documentation, or denies the claim outright
Most personal injury attorneys work on contingency, meaning they take a percentage of your settlement or verdict rather than charging by the hour. You typically pay nothing upfront. An attorney can also compel Uber to produce trip data, app status logs, and driver records that are difficult to obtain on your own.