Coverage depends entirely on the trip phase
Massachusetts regulates transportation network companies under M.G.L. c. 159A½. Coverage steps up as the driver moves through the app, and the difference between one phase and the next is enormous.
- App off — the driver's personal auto policy applies and nothing else.
- App on, waiting for a request — contingent coverage applies, at limits well below the full commercial policy.
- Request accepted, driving to the passenger — the $1 million commercial liability policy is in force.
- Passenger in the vehicle until drop-off — the $1 million policy remains in force.
The app data is the case
Which phase applies is not a matter of opinion; it is recorded. Trip logs, GPS pings and the driver's status timeline all exist in Uber's systems, and they establish the phase to the second. Requesting that data promptly — and in the right form — is usually the most important early step in one of these claims. If you were the passenger, screenshot your trip receipt and ride history before anything changes.
If you were the passenger
Passengers are almost never at fault, which simplifies things considerably. You are covered by the $1 million policy for the entire ride. If the crash was caused by another driver rather than your Uber driver, Uber's uninsured/underinsured motorist coverage may still respond where the other driver's limits fall short. You are not obliged to accept the first number offered by whichever insurer contacts you first.
If you were hit by an Uber driver
You are entitled to the same $1 million coverage if the driver was engaged in a trip. Expect the initial position to be that the app was off. That is a factual claim, and it is verifiable — which is exactly why the trip data needs to be preserved before the file goes quiet.
Frequently asked questions
Does Uber's $1 million policy always apply?
No, and this is the single biggest issue in these cases. The full commercial policy applies once a ride request has been accepted and through drop-off. If the driver was merely logged in and waiting, lower contingent limits apply. If the app was off entirely, it is an ordinary personal auto claim.
I was an Uber passenger. Who do I claim against?
It depends on who caused the crash — your Uber driver, another motorist, or both. Practically, you do not need to sort that out yourself. We identify the responsible parties and pursue every policy that covers you, including Uber's uninsured motorist coverage if the at-fault driver is underinsured.
Will making a claim affect my Uber account?
No. Bringing an injury claim after a crash is not a violation of anything, and it has no bearing on your ability to use the service.
The driver said the app was off. Can that be checked?
Yes. Uber's systems record the driver's status continuously, along with GPS data. That record either supports the claim or it does not — but it has to be requested, and the sooner the better.
