table of contents
An Uber passenger is almost never at fault. Yet that passenger ends up holding the medical bills when the at-fault driver has no insurance. So who pays when that wreck happens on the Downtown Connector at rush hour?
The short answer is yes: Uber's commercial policy protects you through uninsured/underinsured motorist coverage (UM/UIM). The complication is the amount. On July 1, 2023, Georgia cut the required UM/UIM for rideshare passengers from $1,000,000 to $100,000 per person, and that number decides how much you can recover.
At Kermani LLP, we handle rideshare cases across Atlanta and know exactly where Uber's insurer uses that change to pay you less.
How Uber's insurance works: the 3 coverage periods explained
What you can claim depends on what the driver was doing the moment you were hit. Georgia splits a rideshare driver's shift into periods, and each one triggers a different level of coverage (O.C.G.A. § 33-1-24).
| Period | What's happening | Coverage in Georgia |
|---|---|---|
| Period 1 | App on, driver waiting for a request | $50,000 per person, $100,000 per accident. The driver's personal policy comes first |
| Period 2 | Driver accepted the ride, en route to you | $1,000,000 liability plus UM/UIM |
| Period 3 | You're in the car, trip underway | $1,000,000 liability plus UM/UIM |
Under Georgia law, Periods 2 and 3 run at the same rate. The full commercial limit kicks in the moment the driver accepts your request and holds when you climb into the back seat. What did change is the insurance policy limit inside that UM/UIM coverage. Since 2023, it's no longer a million dollars.
What coverage applies when you're an active Uber passenger? (Period 3)
From the second your trip begins, Uber's commercial policy is fully live. You don't have to wait for the driver's personal insurer to deny the claim first; the statute removes that hurdle. From there, it comes down to who was at fault.
Uber's $1 million liability policy: what it actually covers
If your Uber driver caused the wreck, the liability coverage pays up to $1,000,000 per occurrence. That covers your medical treatment, the wages you lose during weeks off work, pain and suffering, and long-term care if the injury is severe. This is the million-dollar figure every article about Uber mentions.
But liability only applies when the Uber driver is at fault. If an outside driver with no insurance plows into you, that million is off the table, and a different part of the policy takes over.
UM/UIM coverage under Uber's policy
Yes, Uber insurance does cover uninsured drivers. When the at-fault driver has no coverage or not enough of it, Uber's UM/UIM coverage steps in. That's exactly what it's for.
The problem is how much. In Georgia, that coverage used to sit at $1,000,000. Then House Bill 529 passed, and as of July 1, 2023, the minimum fell to $100,000 per person and $300,000 per accident. Uber openly admits it backed the bill and put the savings toward lowering trip prices by roughly $0.75. Lyft insurance coverage in Georgia follows the same formula.
Georgia's uninsured motorist law and how it protects injury victims
Nearly one in five Georgia drivers is uninsured, 19.0% by the Insurance Research Council's count. That makes UM/UIM no formality here. It's often the only real money on the table.
The state requires UM/UIM on every auto policy (O.C.G.A. § 33-7-11), and it lets you combine two of them. Your personal UM policy and Uber's work as two separate sources, a practice known as stacking. Now that Uber's protection has shrunk to $100,000, your own UM coverage isn't a backup anymore. It's the foundation of your claim, and in Georgia an uninsured motorist claim usually pays out most for whoever tracked down every available policy.
Can you sue Uber directly after being injured as a passenger?
Usually not. The claim goes to Uber's insurer, not to the company itself. Uber's defense is that its drivers are independent contractors rather than employees, and courts in several states have upheld that shield. A direct suit against the company is possible in narrow situations, such as when Uber kept a known dangerous driver on the road (negligent retention). But so much rides on the facts that you should run your crash past a lawyer rather than take the insurer's word that Uber is off the hook.
Steps to take after being hit by an uninsured driver in an Uber in Atlanta
What you do in the first hours shapes what you recover later. Do this in order:
- Call 911 and make sure the police report documents that the at-fault driver had no insurance.
- Photograph the scene, both vehicles, and the other driver's license plate.
- Screenshot your Uber trip in the app: the time, the route, and your driver's details.
- See a doctor the same day, even if you feel like you walked away fine.
- Report the crash through the Uber app.
- Don't give insurers any recorded statements before you talk to a lawyer.
That sequence mirrors our SAD™ system: Safety, Ambulance, Document. For a full walkthrough, see our guide on what to do after uber accident in Atlanta.
Common insurer tactics that deny or lowball rideshare injury claims
Uber's insurer handles thousands of these claims and knows every way to pay less. Four come up again and again:
- The adjuster claims a different, cheaper coverage period was in effect at the moment of impact.
- Your injuries get labeled minor or blamed on an old condition instead of the wreck.
- They push part of the blame onto you. Georgia runs on comparative negligence, so every point of fault they assign shaves the payout.
- A fast, low settlement offer before anyone has added up what the case is really worth.
Georgia does penalize bad-faith refusals. Under O.C.G.A. § 33-4-6, an insurer that fails to pay within 60 days of a written demand can be hit with a penalty plus your attorney's fees. Before accepting a first offer, run your own number through a free settlement calculator.
How a rideshare attorney in Atlanta can maximize your recovery
The gap between a bare $100,000 and full compensation often comes down to who is running the case. A sharp rideshare accident lawyer in Georgia does three things an injured passenger rarely gets to. They find every stackable policy, including your own UM. They send Uber an early data-preservation letter, before the trip records get wiped. And they negotiate with seasoned adjusters in their own language.
That's the Kermani Method: relentless investigation and results, not a quick settlement to close the file. We work on a contingency fee, so you pay nothing until we win. If an uninsured driver hit your Uber in Atlanta, call Kermani LLP for a free consultation. We'll map out which policies can be stacked in your favor so the law's reduced minimum doesn't become your entire recovery.
Discover your legal options. Get a free case review, and pay nothing unless we win.
Receive a FREE case assessment
Every case is unique, so we tailor our approach to meet your specific needs.





