Getting hurt in an Uber is not the same as getting hurt in a regular car accident. In Colorado, the insurance coverage that applies and how much you can recover depends on what the driver was doing at the exact moment of the crash.
The tiered insurance structure
Colorado’s Transportation Network Company Act (C.R.S. § 40-10.1-604) defines three coverage periods based on the driver’s status at the time of the crash. Each period triggers a different level of insurance. The coverage that applies to your claim depends on what the driver was doing:
- App off: The driver is not working. Only their personal auto insurance applies, which may not cover much.
- App on, waiting for a ride (Period 1): Uber provides limited coverage up to $50,000 per person and $100,000 per accident in bodily injury.
- Driver en route or carrying a passenger (Periods 2 and 3): Uber’s full $1 million policy kicks in, along with additional coverage for uninsured drivers.
Knowing which stage the driver was in can make a major difference in what your claim is worth.
Why the claim gets complicated fast
Uber classifies its drivers as independent contractors, not employees. That means Uber is not directly responsible for the driver’s actions. When something goes wrong, multiple insurance companies may each argue it is not their problem.
Colorado also follows a rule that can hurt your claim. If you are found 50% or more at fault for the crash, you may recover nothing. Uber’s insurance team may try to put some of the blame on you to reduce what they pay out.
You may talk to an attorney before you settle
Rideshare claims involve layers of insurance and tight deadlines that can catch victims off guard. A qualified attorney can help you identify which coverage applies and protect your rights before deadlines pass. Consult a Colorado personal injury attorney who handles rideshare cases to understand your options.