When an Uber driver hits you in Texas, the insurance that applies depends on what the driver was doing in the app at the moment of impact. With the app off, the driver’s own policy applies. Logged on and waiting, the required liability coverage is $50,000 per person, $100,000 per incident and $25,000 for property damage; from the moment a ride is accepted, it is $1 million in total for each incident.
The short version
- The app’s status at impact sets the coverage. Chapter 1954 of the Insurance Code sets one level for a driver logged on and available (§ 1954.052) and a higher one after a ride is accepted (§ 1954.053).
- The drive to the pickup counts as part of the ride. The statute’s “prearranged ride” begins when the driver accepts the request, not when the passenger gets in (§ 1954.001(3)).
- The driver must tell you. On request, a rideshare driver must say whether he or she was logged on or on a prearranged ride (§ 1954.056(b)).
- The company fills a gap. Where the driver’s insurance has expired or sits below the statutory level, the company must supply the required coverage from the first dollar of a claim (§ 1954.054).
- Your own coverage may matter too. If the Uber driver’s limits are lower than your uninsured/underinsured motorist limit, that coverage can respond (Insurance Code §§ 1952.103, 1952.106).
Which insurance applies when an Uber driver hits you?
The insurance tied to the driver’s status in the app: the driver’s personal policy if the app was off, the $50,000 / $100,000 / $25,000 tier if the driver was logged on and waiting, and a $1 million tier once a ride was accepted. The tier sets the money available to you, whether you were in a car, on a bicycle or on foot.
Chapter 1954 of the Insurance Code requires a transportation network company driver, or the company on the driver’s behalf, to “maintain primary automobile insurance” (§ 1954.051(a)). The obligation can be met by the driver’s policy, by the company’s policy or by a combination (§ 1954.051(d)). Our article for passengers, what Uber and Lyft riders need to know, looks at the same rules from inside the car. This article is for the other side of the collision: the driver, cyclist or pedestrian the Uber car hit. The firm’s rideshare accident page gives the broader overview.
Uber’s own page for drivers says that “Uber’s insurance meets—or exceeds—the required coverage” while a driver is logged on or has accepted a trip, and that what applies depends on factors such as who was at fault and whether the driver was “offline, online, en route, or on-trip” ( Uber, Insurance for rideshare trips, read October 16, 2026). Liability coverage pays only for harm the driver is legally responsible for, so fault still has to be proved.
FOX 26 Houston reported on July 30, 2024 that, according to authorities, a driver ran a red light at Atascocita Road in Humble and struck a Camry driven by an Uber driver who was carrying a family of five; the other driver died at the scene, and the Uber driver and the five passengers were taken to a hospital with minor injuries (FOX 26 Houston, Humble crash report). The article is about the crash, not insurance; it shows the kind of Harris County collision in which the policy that responds depends on what the Uber app showed when the cars met.
How much coverage does the Uber driver carry at each stage?
Offline, the driver’s personal policy, with Texas minimums of $30,000 per person, $60,000 per crash and $25,000 for property. Logged on and waiting, at least $50,000, $100,000 and $25,000. After a ride is accepted, one pool of $1 million per incident covers death, injury and property damage together.
| Driver’s status | What the Texas statute requires | What Uber’s page says |
|---|---|---|
| App off, not logged on | Chapter 1954 sets no requirement; the personal policy applies, with Texas minimums of $30,000 per person, $60,000 per collision and $25,000 for property (Transp. Code § 601.072(a-1)) | “Your personal auto insurance covers you while you’re offline” |
| Logged on, available, no ride accepted | Liability of $50,000 for one person’s bodily injury or death, $100,000 per incident, and $25,000 for property damage (Ins. Code § 1954.052) | Lists the same three amounts for injuries and property damage when the driver is at fault |
| Ride accepted, through drop-off | A “prearranged ride” begins at acceptance (§ 1954.001(3)); the policy must carry a total aggregate limit of $1 million for each incident (§ 1954.053) | Groups “en route or on a trip” and lists $1,000,000 at minimum for riders and third parties |
Sources: Insurance Code ch. 1954 and Transportation Code ch. 601, read on the Legislature’s official site on October 16, 2026; Uber’s insurance page, read October 16, 2026.
The $1 million is a single pool for the incident, shared by everyone hurt, passengers included. Treat it as a minimum, not a valuation. The Texas Department of Insurance explains the same 30/60/25 minimums in its auto insurance guide ( TDI, Auto insurance guide ).
When does a ride start and end for insurance purposes?
It starts the moment the driver accepts a request made through the company’s app and ends when the final requesting passenger gets out of the car. A crash on the way to pick someone up is therefore inside the $1 million tier, even though no passenger is aboard yet.
The definition is in § 1954.001(3), which excludes shared-expense carpools and vanpools and rides in taxicabs, limousines and similar for-hire vehicles. Many people assume the larger coverage begins only when a passenger sits down; the statute says otherwise, and Uber’s page also treats “en route or on a trip” as one stage. That is why the app’s timestamps for the request, the acceptance and the drop-off are the central records. Uber’s page adds that its rideshare insurance information does not cover delivery trips, so a driver delivering food or packages raises a separate question.
Can the driver’s own insurer refuse your claim?
Sometimes, and the statute allows it. A personal auto insurer may exclude any loss during the logged-on and prearranged-ride periods (§ 1954.151). When it does, the coverage the company maintains is not contingent on the personal insurer first denying the claim (§ 1954.055).
An exclusion can reach liability, personal injury protection, uninsured and underinsured motorist, medical payments, comprehensive and collision coverage (§ 1954.151(b)), and an insurer with a valid exclusion has no duty to defend or indemnify a claim from an excluded event (§ 1954.153(a)). The company must tell drivers in writing that their personal policy “may not provide coverage” in those periods (§ 1954.101). Where the driver’s policy has expired or is inadequate, the company must provide the required coverage “beginning with the first dollar of a claim against the driver” (§ 1954.054).
So two insurers may be involved in one claim, and each may point at the other. Delay is the usual result; see this piece on stalling insurers and common insurer tactics.
What records show what the Uber driver was doing in the app?
The driver’s own statement, the company’s log-on and log-off times, and the trip record. On request, Texas requires the driver to say whether he or she was logged on or on a prearranged ride, and in an insurance claim investigation the company must supply the exact times the driver was on and off the network around the crash.
The driver’s duty is in § 1954.056(b): keep proof of rideshare insurance in the vehicle, hand it over on request to a directly interested person, an insurer and the investigating officer, and disclose the app status. The company’s duty is in § 1954.154: in an insurance claim investigation, it and any insurer providing the required coverage must assist each insurer involved by giving information to directly interested persons and the driver’s insurer, including when the driver logged on and off during the 12 hours before and after the accident, and a clear description of the coverage, exclusions and limits. The records sit with the company, so a written request is the usual starting point.
Uber’s page says “Third parties can report an accident” through a link it provides. A report to the company opens its claim file; it does not replace a police report or notice to your own insurer. Ask the officer to record what the driver said about the app, then get a copy of the report.
Can you bring a claim against Uber itself?
Possibly, but Texas law shapes the claim. A driver authorized to log in to a transportation network company’s network is considered an independent contractor, not an employee, if the company meets listed conditions and the two agree in writing (Occupations Code § 2402.114). Whether a given company can be reached directly is a question for an attorney.
The conditions are that the company does not prescribe the driver’s hours, restrict the driver from other companies’ networks, limit the driver’s territory or restrict other work. Chapter 1954 adds that a company does not control, direct or manage the driver or the vehicle except as agreed by written contract (§ 1954.102) ( Occupations Code ch. 2402 ). The insurance the statute requires is therefore the first place to look. The same employee-or-contractor question arises in delivery crashes, as our Amazon van article shows.
What if the Uber driver’s coverage is too low?
Your own policy may help. Underinsured motorist coverage reimburses damages you could legally collect from the driver, up to your own limit, minus what the driver’s insurer pays (Insurance Code §§ 1952.101, 1952.106). Personal injury protection pays covered people’s reasonable medical expenses and, for an income producer, lost income, without regard to fault (§§ 1952.151, 1952.155).
Under § 1952.103 a vehicle counts as underinsured when its collectible liability limits were “originally lower than” the limit of the insured’s own underinsured coverage, so the comparison is between the two limits. Each coverage is part of a Texas auto policy unless the named insured rejected it in writing (§§ 1952.101(c), 1952.152(b)), and the required personal injury protection amount is capped at $2,500 per person (§ 1952.153) ( Insurance Code ch. 1952 ). The TDI guide notes that a deductible applies to uninsured/underinsured motorist claims but not to claims against another driver’s insurer. The mechanics are in our uninsured motorist explainer.
A motorcyclist, a cyclist and a pedestrian stand in the same position against the Uber driver’s insurer, with different facts on fault: see our pages on motorcycle, bicycle and pedestrian crashes, plus the explainers on road rules for cyclists and pedestrian right-of-way.
What should you collect after a crash with an Uber driver?
The driver’s name, address, vehicle registration and liability insurer, which Texas law requires an operator to give you, plus the proof of rideshare insurance and the answer about the app. Photograph the vehicles, plate and any rideshare sign, then get the crash report and medical care before speaking to any insurer.
The general duty is in Transportation Code § 550.023, which applies to an operator in a collision that injures a person or damages an attended vehicle; a driver who flees is a different case, so see our hit-and-run page. Section 601.053 adds that an operator must show evidence of financial responsibility on request to a person involved in the collision, and § 1954.056(b) supplies the rideshare layer.
The police report is the first record to request. The Houston Police Department’s crash report request form lets a person involved in the crash ask for the report in writing under Transportation Code § 550.065, and says an officer has 10 days to submit it, so a request should wait until at least 10 days after the crash (HPD crash report request form, revision 12/25, read October 16, 2026).
Follow the photograph checklist, write down any passengers’ names, and look for independent witnesses. Do not argue about the app at the scene; note exactly what the driver says. Before answering an adjuster, read this advice on adjusters and the one on sharing medical records. The post-crash checklist applies, and so does notice to your own insurer, since your own coverage may be needed.
How long do you have to file, and what if you share the blame?
Two years in most cases, counted from the day the claim accrues (Civil Practice and Remedies Code § 16.003(a)). If a fact-finder gives you a share of the blame, more than 50 percent bars recovery and any lower share reduces your damages by the same percentage (§§ 33.001, 33.012(a)). The other driver’s rideshare work changes neither rule.
The deadline and the fault rules are in Civil Practice and Remedies Code ch. 16 and ch. 33. Fault is split by percentage among everyone who contributed, so the driver’s side may point to your speed, lane position or crossing. The arithmetic is in our comparative negligence explainer, claim value in this valuation article, and timing in our case-length guide. If someone died, see our wrongful death page and who can file after a fatal crash.
Start with our Houston car accident lawyers or the general injury overview, and describe the crash once you have the trip receipt and the driver’s name. Common legal questions after a Houston crash and what to bring to a case evaluation are useful companions.
Frequently asked questions
What happens after an accident with an Uber driver?
The driver must stop, give you name, address, registration and insurer details, and, on request, say whether the app was on. An officer writes a report, the insurers behind the driver and the company open files, and the amount available depends on the driver’s app status at impact.
Who pays first, Uber’s insurer or the driver’s personal insurer?
The company’s coverage does not wait for the personal insurer. Insurance Code § 1954.055 says coverage under the policy maintained by the company is not contingent on the driver’s personal insurer first denying the claim, and a personal policy may exclude losses while the driver is logged on.
If the Uber driver was at fault, how much will the insurance cover?
At least $50,000 for one person, $100,000 for the incident and $25,000 for property while the driver was logged on and waiting, and $1 million in total once a ride was accepted. The $1 million is one pool for the whole incident, and all of these are minimums, not an estimate of any claim’s worth.
What if the Uber driver was not logged in to the app?
Then Chapter 1954 sets no requirement, and the driver’s own auto policy is the main source, with Texas minimums of $30,000 for one injured person, $60,000 per collision and $25,000 for property. Your own uninsured/underinsured motorist coverage may add to that if the limits are low.
Do Uber and Lyft insurance rules work the same way in Texas?
The statute does. Chapter 1954 is written for any transportation network company and its drivers rather than for one brand, so the same coverage tiers, the same disclosure duty and the same company backstop apply to a Lyft driver as to an Uber driver. This article did not review Lyft’s own insurance page.
Will I owe a deductible if I claim against the Uber driver’s insurance?
No. The Texas Department of Insurance says you do not pay a deductible for claims against another driver’s insurance company. A deductible can apply to claims under your own policy, such as collision or uninsured/underinsured motorist coverage, so ask your insurer before you file.
About the authors
Sam A. Maida, Jr.
Owner and Managing Attorney
Sam A. Maida, Jr. has represented injured Texans in the greater Houston area since the firm opened in 1993.
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Bernard G. Johnson III
Litigation Managing Attorney
Bernard G. Johnson III is a board certified trial lawyer licensed in Texas since 1996 and a graduate of South Texas College of Law.