Quick Answer:
After a rideshare accident/injury, who pays depends on the driver’s app status at the moment of the crash — whether they were offline, waiting for a ride request, or actively transporting a passenger. Coverage can come from the driver’s personal policy, Uber or Lyft’s contingent policy. Report the accident/injury right away, get medical care, and contact an attorney before you talk to any insurance adjuster.
Rideshare apps have made getting around Texas, Missouri, Illinois, and Kansas easier than ever. However, when an Uber or Lyft ride ends in a crash, figuring out who pays can feel confusing and overwhelming. That’s because rideshare accident/injury claims work differently than a typical car accident/injury claim. Multiple insurance policies may apply, and the rules change depending on what the driver was doing on the app when the crash happened.
How can we help?
As attorneys with more than 70 years of combined experience representing accident/injury victims across four states, we’ve helped riders, drivers, and even pedestrians sort through these layered rideshare policies. Here’s what you need to know to protect your claim.
Who Pays After a Rideshare Accident/Injury?
Insurance coverage for a rideshare accident/injury depends on which of three “periods” the driver was in at the time of the crash:
- Period 1 — App off. The driver’s own personal auto insurance applies, just like any other car accident/injury.
- Period 2 — App on, waiting for a ride request. The rideshare company’s contingent liability coverage applies if the driver’s personal policy doesn’t respond. Limits are typically lower during this window — often in the range of $50,000 per person, $100,000 per incident, and $25,000 in property damage, though exact figures vary by state.
- Period 3 — Ride accepted or passenger in the vehicle. A $1 million liability policy from the rideshare company generally applies, covering the driver, the passenger, and anyone else hurt in the crash.
Because these periods overlap with different insurers, rideshare companies and their claims adjusters will often try to shift responsibility to the smallest available policy. Therefore, it’s important to document exactly when the crash occurred relative to the driver’s app activity.
What to Do After a Rideshare Accident/Injury?
- Call 911 and get medical attention. Even if you feel fine, some injuries take hours or days to show symptoms.
- Report the crash inside the app. Both Uber and Lyft have an in-app reporting feature — use it right away.
- Take photos and videos. Capture the vehicles, the road conditions, and your visible injuries.
- Get names and contact information for the driver, any witnesses, and other involved parties.
- Avoid recorded statements to insurance adjusters until you’ve spoken with an attorney. Adjusters often ask questions designed to minimize your claim.
- Contact an accident/injury attorney quickly. Rideshare claims involve corporate legal teams from day one, so having your own advocate levels the playing field.
Rideshare Insurance Laws in Your State
Each of the four states we serve regulates rideshare insurance a little differently. Below is a quick guide, though your specific case may involve additional rules.
Texas
Texas requires rideshare drivers to carry at least $1 million in combined liability coverage while transporting a passenger, plus uninsured/underinsured motorist and personal injury protection coverage where applicable (Tex. Ins. Code §§ 1954.051–1954.055). While logged into the app without a passenger, minimum coverage drops to $50,000/$100,000/$25,000. Texas accident/injury lawsuits generally must be filed within two years of the crash (Tex. Civ. Prac. & Rem. Code § 16.003).
Missouri
Missouri law requires rideshare drivers or the company on their behalf to maintain primary auto insurance covering the driver anytime they’re logged into the app (Mo. Rev. Stat. § 379.1702), and rideshare companies must be licensed by the state (Mo. Rev. Stat. § 387.404). Missouri gives accident/injury victims an unusually generous five years to file a claim (Mo. Rev. Stat. § 516.120).
Illinois
Illinois’ Transportation Network Providers Act requires $1 million in primary liability coverage once a driver accepts a ride, and $50,000/$100,000/$25,000 coverage while logged in and waiting for a request (625 ILCS 57/10). Chicago also layers on its own municipal insurance rules for rideshare licensing. Illinois accident/injury claims must generally be filed within two years (735 ILCS 5/13-202).
Kansas
Under the Kansas Transportation Network Company Services Act, rideshare drivers and companies must carry coverage that responds differently depending on app status, with personal auto policies expressly not required to cover rideshare activity unless the insurer agrees by endorsement (K.S.A. 8-2704–8-2710). Kansas accident/injury lawsuits are generally subject to a two-year filing deadline (K.S.A. 60-513).
GOT QUESTIONS?
Everything you need to know before you call
We answer the questions our clients ask most
Can I sue Uber or Lyft directly after an accident/injury?
Usually not directly, since rideshare drivers are classified as independent contractors. However, you can typically make a claim against the company’s insurance policy, depending on the driver’s app status at the time of the crash.
Does my own auto insurance cover a rideshare accident/injury?
It depends on your policy and the state you’re in. Some personal policies exclude rideshare activity entirely, which is why the company’s contingent and primary policies exist to fill that gap.
What if I was a passenger and the rideshare driver wasn't at fault?
You may still have a claim against the at-fault driver’s insurance, and in some cases, the rideshare company’s uninsured/underinsured motorist coverage may apply.
Learn more>> What Determines Who Is At Fault In An Auto Accident?
How long do I have to file a rideshare accident/injury claim?
Learn more>> Why Time is Critical After an Accident/Injury?
What if I was hit by a rideshare driver as a pedestrian or in another car?
You are not excluded just because you weren’t in the rideshare vehicle. Depending on the driver’s app status, the same tiered insurance coverage may apply to your claim.
Turn your Wreck into a Check
The information in this blog post is general and should not be considered legal advice. Please contact our legal team directly for specific guidance regarding your unique situation.
