Rideshare accident claims are more complicated than standard car accident cases. Uber drivers are independent contractors — not employees — so Uber's corporate liability is limited by design. Determining which insurance policy applies depends entirely on what the driver was doing in the app at the moment of the crash.
The three coverage periods
Uber divides driver activity into three periods, and each triggers different coverage. When the app is off (Period 0), only the driver's personal auto insurance applies — typically $25,000 per person under Arizona's minimums (A.R.S. § 28-4009). When the app is on but no ride has been accepted (Period 1), Uber provides contingent liability coverage of $50,000 per person / $100,000 per accident / $25,000 property damage, but only if the driver's personal insurance doesn't apply or denies the claim. When a ride has been accepted or a passenger is in the vehicle (Periods 2 and 3), Uber's full $1 million liability policy applies, along with UM/UIM coverage.
If you were a passenger in an Uber when the crash occurred, you were almost certainly in Period 2 or 3, meaning Uber's $1 million policy is available. If you were in another vehicle hit by an Uber driver, the applicable coverage depends on which period the driver was in at impact.
What Arizona law requires
A.R.S. §§ 28-9551 through 28-9561 govern Transportation Network Companies in Arizona. These statutes require TNCs to maintain specific insurance minimums tied to driver activity periods and mandate that coverage be primary during Periods 2 and 3 — meaning Uber's insurer steps up first, not the driver's personal carrier, when a passenger is on board or a ride has been accepted.
Who you can claim against
Depending on the facts, you may have claims against the Uber driver (for negligent driving), Uber's insurance carrier (through the applicable period policy), another at-fault driver if a third vehicle caused or contributed to the crash, or in rare cases a vehicle manufacturer for defective parts. Rideshare crashes often involve multiple liable parties — building a complete claim means identifying every available source of recovery.
The filing deadline
Arizona gives most personal injury victims two years to file from the accident date (A.R.S. § 12-542). Rideshare cases often need early investigation — Uber app data, dashcam footage, and driver records are easier to obtain quickly than months later. See our post on the Arizona personal injury statute of limitations for detail on exceptions.
For a sense of how damages are calculated in these cases, see our post on how much your Arizona car accident case may be worth.
Our rideshare accident attorneys handle cases throughout Phoenix and Scottsdale on a contingency fee basis. No fee unless we win. Call (480) 418-SHER (7437) or reach out online.