Insight

Who pays if you're hurt in an Uber or Lyft accident?

Short answer: Usually, insurance that state law requires for rideshare driving pays, and the amount depends on what the driver's app was doing. In Texas, Florida, and Illinois, a ride in progress carries $1 million in liability coverage. A driver logged in and waiting carries lower 50/100/25 limits. With the app off, the rideshare tiers do not apply.

How much insurance covers an Uber or Lyft driver?

It depends on the driver's app status at the moment of the crash. All three states use the same basic tiers for human drivers, and the table below shows them side by side, along with the rules for driverless robotaxis.

Driver's app statusTexasFloridaIllinois
App offThe rideshare coverage tiers below do not apply.The rideshare coverage tiers below do not apply.The rideshare coverage tiers below do not apply.
Logged in and available, no ride accepted50/100/25 liability coverage (Tex. Ins. Code § 1954.052)50/100/25 liability coverage plus personal injury protection (PIP) and uninsured motorist coverage (Fla. Stat. § 627.748)50/100/25 liability coverage (625 ILCS 57)
On a ride$1 million aggregate liability coverage during a prearranged ride (Tex. Ins. Code § 1954.053)At least $1 million during a prearranged ride (Fla. Stat. § 627.748)$1 million liability coverage during a ride (625 ILCS 57)
Driverless robotaxiTreated as a rideshare driver, so the same tiers apply (Tex. Ins. Code § 1954.003)At least $1 million primary liability coverage plus PIP and uninsured/underinsured motorist coverage whenever logged on to an autonomous vehicle network or on a prearranged ride (Fla. Stat. § 627.749(2)(a))No Illinois law authorizes driverless operation

"50/100/25" is insurance shorthand: $50,000 for one person's injuries, $100,000 for all injuries in one accident, and $25,000 for property damage. The line between the middle tier and the app-off tier is hard to see from outside: a driver cruising between rides with the app open looks exactly like a driver on personal time.

Florida's statute requires uninsured motorist coverage in the logged-in tier. Otherwise, coverage for crashes caused by an uninsured or underinsured driver is a separate question that turns on the specific policies involved, so ask for the rideshare company's policy early.

Does it matter whether I was the passenger, another driver, or a pedestrian?

Yes, because it tells you which tier is in play. If you were a passenger, a ride was underway, so the $1 million tier should apply. If you were in another car, on a bike, or on foot, the driver's app status is a fact someone has to prove, and the rideshare company's records are where that proof lives.

That is why a lawyer's first letter to Uber or Lyft usually asks the company to keep the app data showing whether the driver was logged in, waiting, or on a trip at the time of the crash. Get a screenshot of anything you can see yourself before it disappears from your phone.

Are driverless robotaxis covered like Uber drivers?

In Texas, yes, and Florida requires even more. Under a 2025 Texas law, SB 2807, an automated motor vehicle is "considered a transportation network company driver" for the rideshare insurance rules (Tex. Ins. Code § 1954.003). The same coverage tiers apply.

This is not hypothetical. Waymo's Austin rides have been booked through the Uber app since March 2025, and some Avride cars, which carry an operator in the driver's seat, run on the Uber app, according to a May 2026 NHTSA investigation notice covering Dallas and Austin. If a driverless car hits you or you are hurt riding in one, both the operator and Uber may hold records you need. Our article on who pays when a robotaxi crashes in Texas covers those crashes in detail, and who is liable when a self-driving car crashes in Texas explains how fault is assigned when no human is driving.

Florida sets its own rule. A fully autonomous vehicle with its automated driving system engaged must carry at least $1 million in primary liability coverage, plus PIP and uninsured/underinsured motorist coverage, whenever it is logged on to an on-demand autonomous vehicle network or engaged in a prearranged ride (Fla. Stat. § 627.749(2)(a)). Unlike the rule for human rideshare drivers, that $1 million applies whenever the car is logged on, not only during a ride. Waymo opened its Miami service to the public on January 22, 2026, according to WSVN, and Tesla launched Robotaxi service in Miami in July 2026, according to Reuters. Our article on who pays when a robotaxi crashes in Florida covers those crashes.

Illinois is different. As of October 2026, no Illinois law authorizes driverless deployment. Waymo began mapping Chicago in February 2026 and testing with safety drivers by April 2026, according to the Chicago Tribune and WTTW, with no launch date.

What if I was partly at fault?

You can still recover in all three states as long as you were not more than 50% responsible. In Texas, you are barred if you are more than 50% responsible, and anything you recover is reduced by your percentage of fault (Tex. Civ. Prac. & Rem. Code ch. 33). In Florida, a party "greater than 50 percent at fault for his or her own harm may not recover any damages" (Fla. Stat. § 768.81(6)). In Illinois, you are barred if you are more than 50% at fault (735 ILCS 5/2-1116).

Expect the insurance company to look for ways to put some of the blame on you: you stepped off the curb too soon, or you told the driver to hurry. Be careful what you agree to in a recorded statement.

How long do I have to file a rideshare accident claim?

Generally two years in all three states. Texas gives you two years for personal injury and two years from the date of death for wrongful death (Tex. Civ. Prac. & Rem. Code § 16.003). Florida allows two years for an action founded on negligence, under a 2023 change that applies to causes of action accruing after March 24, 2023, and two years for wrongful death (Fla. Stat. § 95.11(5)(a), (5)(e)). Illinois also allows two years for personal injury, though exceptions exist (735 ILCS 5/13-202).

Two years sounds like plenty. It isn't, once you account for medical treatment, insurance back-and-forth, and the time it takes to pin down which policy applies.

What should I document after a rideshare crash?

Start with your phone, because the app holds most of what matters. Then work outward:

  1. Screenshot the trip in the app: driver name, photo, car, plate, route, and the receipt.
  2. Report the crash through the app and save any messages from the company.
  3. Photograph every vehicle, the scene, and your injuries, then keep photographing the injuries as they change.
  4. Get the police report number and the names and phone numbers of witnesses.
  5. If you were hit by a rideshare driver, ask whether they were on a trip and photograph any Uber or Lyft sign on the car.
  6. Keep every medical record, bill, and note about missed work from the first visit on.

Does the company have to screen its drivers?

Yes, in all three states. Texas requires rideshare companies to run local, state, and national criminal background checks plus a sex-offender registry check, repeated annually (Tex. Occ. Code § 2402.107). Illinois requires criminal and sex-offender registry checks and a zero-tolerance drug and alcohol policy, with immediate suspension of the driver on a complaint (625 ILCS 57). Florida's background check includes the National Sex Offender Public Website, is repeated at least every three years, and a registry match disqualifies the driver (Fla. Stat. § 627.748).

If you think your driver was impaired, report it in the app and to police. If a driver assaulted you, our article on suing Uber or Lyft after a sexual assault explains your options.

The Illinois TNC Act is scheduled for repeal on September 1, 2028 (625 ILCS 57/34).

Sources

Working with GB Law

Gianna Scatchell Basile is licensed to practice law in Illinois. GB Law starts with the facts and tells you which claims you have. Where a claim belongs with a trial firm or another attorney we work with, we make the introduction, and you will know who is handling what and how any fee is divided before you sign anything. If your matter arose outside Illinois, we can help you find a lawyer licensed where it happened.

Questions people ask

Can I sue Uber or Lyft directly after a crash?

Sometimes, but most crash claims start with the insurance tied to the driver's app status. Whether the company itself can be held responsible for the driver's conduct depends on the facts and on how the driver was working at the time. A lawyer will usually pursue the required rideshare coverage first and look at the company's own conduct separately, rather than treating the two as the same claim.

What if my Uber driver was not the one at fault?

Then your claim usually runs against the driver who caused the crash and that driver's insurer. As a passenger, you usually did nothing to cause the collision, so the main question is who did. If the other driver has little or no insurance, ask a lawyer what other coverage might apply before you accept any offer, because the answer depends on the policies involved.

Should I give a recorded statement to the rideshare insurance company?

You don't have to give one right away, and it is usually wise to talk with a lawyer first. Report the crash and give basic facts. A recorded statement taken while you are still in pain can be used later to argue that you shared fault, which in Texas, Florida, and Illinois can reduce or bar your recovery.

Do I need a police report after an Uber or Lyft crash?

It helps a great deal. A police report puts the time, place, drivers, and witnesses on paper from a neutral source, and insurers will ask for it. If police did not come to the scene, write down everything you remember the same day and keep the app's trip record, which shows where the driver was and when.

What if I was hit by a Waymo booked through Uber in Austin?

Texas treats the automated vehicle as a rideshare driver for insurance purposes under Tex. Ins. Code § 1954.003, so the same coverage tiers apply. Waymo's Austin rides have been booked through the Uber app since March 2025. Ask a lawyer to send preservation demands to both Waymo and Uber quickly, because the vehicle's video and sensor data stay with the companies.

What if I was hit by a Waymo in Florida?

Florida requires a driverless vehicle with its automated driving system engaged to carry at least $1 million in primary liability coverage, plus PIP and uninsured motorist coverage, whenever it is logged on to an autonomous vehicle network or on a prearranged ride (Fla. Stat. § 627.749(2)(a)). Florida also deems the automated driving system the operator when engaged (§ 316.85(3)(a)). Call the police yourself: the after-crash duty statute does not apply to an engaged autonomous vehicle if the owner promptly contacts police or the car can alert them itself (§ 316.062(5)).

Does the same coverage apply to Lyft as to Uber?

Yes. The Texas, Florida, and Illinois rideshare insurance laws apply to transportation network companies generally, not to one brand. The tiers are the same whether you rode with Uber or Lyft. The insurer, the claims process, and the records you need to request will differ, so identify the company and save the trip details from whichever app you used.

Speak with an attorney

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Call (312) 248-3303

This article is attorney advertising and general information only. It is not legal advice, and reading it or contacting GB Law does not create an attorney-client relationship. Deadlines and outcomes depend on the specific facts of each matter. Speak with an attorney promptly so a deadline does not decide your case for you.

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