Hit by an Uninsured or Hit-and-Run Driver in an Uber or Lyft? How UM/UIM Works
The $1 million policy everyone talks about pays when the Uber or Lyft driver caused the accident. If another driver caused it and has no insurance, too little insurance, or drove off, that policy may not pay you anything. What’s left is uninsured and underinsured motorist coverage, called UM/UIM. In most states it’s much smaller than people expect.
What UM/UIM is
- Uninsured motorist (UM) coverage pays when the driver at fault has no insurance. In most states it also pays when the at-fault driver can’t be identified, as in a hit-and-run.
- Underinsured motorist (UIM) coverage pays when the at-fault driver has insurance but not enough to cover your losses.
Both are first-party coverage. You claim against a policy that covers you, not against the other driver.
Other states write it into law differently
Coverage varies a lot by state:
- North Carolina requires UM and UIM coverage even while the driver is online and waiting for a request.
- Florida requires PIP and uninsured motorist coverage during the waiting period too.
- Louisiana: a court weighed whether a rideshare policy’s uninsured motorist coverage reached an injured rider. See Guerrera v. Uber.
- New York: a Queens Lyft rider sought underinsured motorist benefits and found her ride excluded. See A Queens Lyft Rider Sought Underinsured Motorist Benefits. The Policy Excluded Her Ride.
- Kentucky: a Lyft driver hurt on the way to a pickup was left with no underinsured benefits from either policy. See A Kentucky Lyft Driver Was Hurt on the Way to a Pickup. Why Did Neither Policy Pay Underinsured Benefits?
- Alaska: lawmakers have weighed requiring UM coverage for rideshare passengers. See our Alaska brief.
Every state’s page on RideClaim.co lists that state’s rideshare insurance statute.
The waiting period trap
If you’re a passenger, you were in the car during an active trip, so the trip-period coverage applies. But UM/UIM also matters to two other groups:
- The rideshare driver. A driver hit while waiting for a request often has little or no UM/UIM through the platform. Whether the driver’s personal UM/UIM covers that time depends on the policy’s business-use exclusion and on state law.
- Pedestrians, cyclists and other drivers hit by a rideshare driver who was at fault. They don’t need UM/UIM unless that driver’s coverage falls short. If it does, their own UM/UIM is the backstop.
Hit-and-run rules to know
Hit-and-run claims usually go through UM coverage, with rules that can trip people up:
- Report it to police fast. Many policies and some state laws require a prompt police report for a hit-and-run UM claim.
- Some states require physical contact. If a driver ran you off the road without touching your vehicle, the claim can be harder. Witnesses and video help.
- Notify every insurer quickly. UM claims have notice requirements, and late notice is a common reason for denials.
The rideshare app helps here. The trip record shows exactly where and when the accident happened, and the driver is a witness. Get the driver’s name and contact information before you leave.
What not to do
- Don’t sign a release from the at-fault driver’s insurer without checking UIM first. In some states, settling with the at-fault driver without your UIM insurer’s consent can cost you your UIM claim.
- Don’t assume the $1 million applies. Ask whose fault the accident was, then ask which policy covers that.
- Don’t skip your own policy. If you have UM/UIM on a car you own, tell that insurer too, even though you weren’t driving.
What to do right away
- Get medical care and keep every record.
- Call police, especially if the other driver fled.
- Screenshot the trip in the app: the route, time and driver details.
- Get the rideshare driver’s name and contact information. They’re a witness.
- Report the accident through the app, and keep the claim number.
- Notify your own auto insurer, and any household member’s insurer, in writing.
FAQs
Does Uber’s $1 million policy cover me if another driver caused the accident?
Not usually. That policy covers injuries the Uber driver causes. If another driver caused the accident and their insurance falls short, you’d look to UM/UIM: the rideshare company’s coverage where state law requires it, and your own.
I don’t own a car. Do I have any UM/UIM?
Possibly. The rideshare company carries UM/UIM where your state requires it. A household member’s auto policy may also cover you. Otherwise, health insurance and any claim against the at-fault driver are what’s left.
How much UM/UIM does Uber carry in California?
Since January 1, 2026, California requires $60,000 per person and $300,000 per accident, down from $1 million. The policy for the date of your accident sets the actual limit.
The driver who hit us fled. Can I still recover?
Usually, through uninsured motorist coverage. Report the hit-and-run to police promptly, save the trip record, and get the rideshare driver’s contact information. Some states require physical contact for a hit-and-run UM claim.
Can I use my own UM/UIM and the rideshare company’s?
In many states, yes, but the order and whether they stack depend on state law and the policy language. That’s one of the first questions to sort out with a lawyer licensed in your state.
Find your state’s rules
Start from the state index, or go straight to California, North Carolina, Florida, New York or Louisiana.
Sources and limits
Statutes and company statements are described as published on the date above. UM/UIM depends on the accident date, the policies involved and state law.
- Uber — Driver insurance (UM/UIM where required by state law)
- Lyft — Driver insurance
- Sen. Cabaldon — Legislature passes bill to cut fares for Uber and Lyft (SB 371)
- Sen. Cabaldon — Governor signs SB 371
- CPUC — TNC insurance requirements
- N.C. Gen. Stat. § 20-280.4
- Fla. Stat. § 627.748
This is general information, not legal advice, and RideClaim.co is not a law firm.
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