I was hit by an Uber driver as a pedestrian — which policy covers me?

· 2 min read

A pedestrian struck by an Uber driver is covered by whichever policy matches the driver’s app status at the moment of impact, because Georgia ties rideshare insurance to what the driver was doing rather than to who was hurt. The injured person on foot does not need any auto policy of their own; the question is which layer of the driver’s coverage was active.

App status decides the coverage tier

O.C.G.A. § 33-1-24 builds rideshare insurance around three phases, and a pedestrian claim follows the same map:

  • App off: only the driver’s personal auto policy applies, the same as any ordinary driver who strikes a pedestrian.
  • Logged on and waiting for a request: the company must provide liability coverage, but at reduced limits compared with an active ride.
  • Engaged in a prearranged ride, from accepting a request through drop-off: the company must keep $1,000,000 in coverage available for injuries and property damage.

So a pedestrian hit while the Uber driver was carrying or en route to a passenger reaches the $1,000,000 ride-period coverage, while a pedestrian hit before any request was accepted reaches a lower tier, and a pedestrian hit while the app was off looks to the driver’s personal insurer.

Fault still has to be established

Coverage tells you which insurer pays; it does not establish that the driver was negligent. A pedestrian must still show the driver failed to exercise ordinary care, such as failing to yield in a crosswalk or driving inattentively. O.C.G.A. § 51-12-33 layers a percentage-based fault analysis over the claim, so a pedestrian who shares the blame for stepping out unexpectedly sees the recovery cut by that share and erased once it hits half.

Evidence of the driver’s app status, often available through the company’s trip records, is frequently the pivotal fact, since it determines whether the $1,000,000 layer or a lower limit is in play.

The bottom line

The policy covering a pedestrian hit by an Uber driver in Georgia depends on the driver’s app phase under O.C.G.A. § 33-1-24, ranging from the personal policy when the app was off to the $1,000,000 ride-period coverage during an active trip. Establishing both the driver’s status and the driver’s negligence is what turns the correct coverage tier into an actual recovery.

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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