JLA Law Group

Uber and Lyft Accidents in Georgia: Who Is Liable?

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Accidents involving Uber, Lyft, and other rideshare vehicles present unique legal challenges. Who pays: the driver's personal insurance, the rideshare company's insurance, or your own insurance? The answer depends on whether the driver had the app on, was en route to pick up a passenger, or had a passenger on board. Our attorneys at J. Lee & Associates navigate these complexities.

Uber and Lyft provide liability insurance that varies based on the driver's status. When the app is off, only the driver's personal insurance applies. When the app is on and waiting for ride requests, there is limited coverage. When there is an active trip (en route to pick up or with a passenger on board), Uber and Lyft provide up to $1 million in liability and UM/UIM coverage.

Gwinnett County and the greater Atlanta area have a high volume of rideshare trips, especially in the Norcross, Duluth, and Lawrenceville areas. Accidents during rideshare trips affect passengers, other drivers, cyclists, and pedestrians. Whether you were a passenger, another driver, or a pedestrian, we can help you identify the correct sources of compensation.

Steps You Should Take

1

Take Screenshots of the App

The screenshot of the active trip proves the driver was on duty at the time of the accident. This triggers Uber/Lyft's $1 million coverage. Do this immediately before the trip is closed.

2

Obtain the Police Report

Call 911 so police can document the accident. The official report identifies all parties, the conditions of the accident, and any possible traffic violations.

3

Report in the App

Uber and Lyft have options to report accidents within the app. This initiates the claims process with their insurance. Do not accept any offer without consulting an attorney.

4

Contact JLA to Navigate the Policies

Rideshare accidents involve multiple insurance policies. We identify the correct source of compensation. Free consultation at (770) 609-9396.

Frequently Asked Questions

Does Uber or Lyft pay if their driver causes an accident?
It depends on the driver's status. If the driver had an active trip or was en route to a pickup, Uber/Lyft provides up to $1 million in coverage. If the driver only had the app on with no trip, coverage is limited ($50,000 per person). If the app was off, only the driver's personal insurance applies.
What do I do if I am a passenger in an Uber/Lyft and there is an accident?
As a passenger, you are never at fault. You have the right to file a claim under the Uber/Lyft driver's policy ($1 million in coverage during active trips), or against the other driver if they were at fault. Report the accident in the app and contact an attorney.
Does the Uber/Lyft driver's personal insurance cover accidents?
Generally not during rideshare activity. Most personal auto policies exclude commercial use. If the driver only has personal insurance and was on a rideshare trip, their personal policy will likely deny the claim.
Can I sue Uber or Lyft directly?
Uber and Lyft classify their drivers as independent contractors, not employees, which complicates direct lawsuits. However, their $1 million insurance during active trips is the primary source of compensation. In certain cases, there may be direct liability against the company.
How do I document a rideshare accident?
1) Take screenshots of the active trip in the app (showing the driver and route). 2) Photograph the scene. 3) Obtain the police report. 4) Report the accident in the Uber/Lyft app. 5) Call JLA at (770) 609-9396.

Applicable Laws

O.C.G.A. § 33-1-24Georgia auto insurance regulation, applicable to rideshare coverage.
O.C.G.A. § 40-1-190Definition and regulation of transportation network companies (TNC) in Georgia.
O.C.G.A. § 9-3-332-year statute of limitations for personal injury.

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