Do I file my claim against the driver’s insurer or Uber’s insurer first?

· 2 min read

Which insurer comes first depends on who caused the crash and on the Uber driver’s app phase, because those two facts decide which policy is primary. There is no single answer that fits every rideshare claim; the order follows the coverage structure Georgia built around the driver’s status and the rules of fault-based recovery.

When another motorist caused the crash

If a different driver was at fault, that driver’s liability insurer is usually the first target. The injured person presents the claim to the at-fault motorist’s insurer, and Uber’s coverage becomes relevant mainly to fill a shortfall. Specifically, the rideshare policy’s uninsured/underinsured motorist coverage under O.C.G.A. § 33-1-24, set at $300,000 per accident with a $100,000 per-person maximum, can respond when the at-fault driver is uninsured or lacks enough coverage to pay for the injuries.

When the Uber driver caused the crash

If the Uber driver was at fault, the analysis shifts to that driver’s app phase:

  • During a prearranged ride, Uber’s required coverage of up to $1,000,000 generally operates as primary, because the personal policy’s livery exclusion typically removes personal coverage during commercial use.
  • While the driver was logged on and waiting, reduced limits apply, and the company’s coverage may be contingent behind the personal policy.
  • With the app off, the driver’s personal insurer is the primary source.

So when the Uber driver is to blame during an active trip, the claim usually goes first to the rideshare company’s policy rather than the driver’s personal insurer.

Why the order matters

Filing against the wrong policy first can cost time and create confusion about which coverage applies. Establishing two facts early, who was at fault and what app phase the Uber driver was in, lets an injured person direct the claim to the primary insurer and reserve the others for any gap. Georgia’s two-year deadline for injury claims runs regardless of which insurer is pursued, so delay carries its own risk.

The bottom line

An injured person generally files against the at-fault party’s primary insurer first: the outside driver’s liability policy when that motorist caused the crash, or Uber’s § 33-1-24 coverage when the Uber driver was at fault during an active ride. The driver’s app phase and the question of fault, settled at the outset, are what determine the correct sequence.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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