If an Uber Eats driver hit you, ask what the driver was doing in the app when the crash happened. Uber lists different insurance for waiting and for delivering an order. If you were the delivery driver for Uber Eats, your own injury claim starts with the driver who caused the crash.
How much is an Uber Eats accident settlement?
Uber Eats accident settlements range from $5,000 to $5,000,000+ across the injuries below. Your injury, treatment, and share of fault set the range.
Uber lists state minimum insurance limits while its driver is online and waiting for an order. For a driver on the way to pick up an order or carrying it, Uber lists $500,000, or more where a state requires it. Uber describes its liability insurance as paying for harm to other people when the Uber Eats driver caused the crash.
Uber Eats accident facts
Last updated
- Settlement range
- Uber Eats accident settlements span $5,000 to $5,000,000+ by injury.
- Delivery liability
- Uber lists $500,000 for trips to collect or deliver orders, or more where required.
- Waiting liability
- Uber lists state minimum insurance limits while its driver waits online.
- Driver’s losses
- Uber says its delivery insurance excludes its driver’s own car repairs and injuries.
- Private records
- Uber says private information requests generally require a valid subpoena.
- Optional injury insurance
- Uber prices Optional Injury Protection at $0.024 per mile on a trip.
Sources: the injury guides in the value table; Uber's delivery insurance page, private data request guidelines, and Optional Injury Protection page, read October 29, 2026. Get a review of your crash details with the free AI calculator with attorney review.
What are Uber Eats accident settlement amounts by injury?
The injury ranges apply whether an Uber Eats driver hurt you or another driver hurt you while you were delivering for Uber Eats. For a family after a fatal crash, the table includes the wrongful death range. The app activity and the state decide which insurance stands behind the Uber Eats driver and how much insurance is available.
| Injury | Settlement range |
|---|---|
| Sprain or strainSprain: $5,000 to $15,000. Moderate strain: $15,000 to $35,000. | $5,000 - $35,000 |
| Whiplash that heals in weeks or monthsMild: $7,500 to $15,000. Moderate: $15,000 to $35,000. | $7,500 - $35,000 |
| Whiplash with 6 months or more of symptoms | $35,000 - $75,000 |
| Herniated disc without surgery | $30,000 - $100,000 |
| Herniated disc with surgery, including spinal fusion | $100,000 - $350,000+ |
| Broken bone without surgery | $15,000 - $75,000 |
| Broken bone with surgery | $100,000 - $350,000+ |
| Moderate traumatic brain injury | $100,000 - $500,000 |
| Severe traumatic brain injury | $500,000 - $5,000,000+ |
| Wrongful death in a vehicle crash | $500,000 - $3,000,000 |
Source: national ranges by injury from the injury guides linked in this table, current as of October 29, 2026.
For example, take a Texas crash that causes a herniated disc requiring surgery: the injury range is $100,000 to $350,000+. If the Uber Eats driver was waiting online, Uber lists state minimum insurance requirements. Texas requires $30,000 for one injured person, $60,000 for everyone injured in one crash, and $25,000 for property damage, effective January 1, 2011. If the Uber Eats driver was on the way to pick up the order or carrying it, Uber describes its liability coverage as "up to $500,000 (or more, where required)" when that driver caused the crash. The policy limit sets the maximum payment from that policy.
The person hit does not have to be in a car. See the injury guides for a pedestrian, a cyclist, or a motorcyclist hurt in a crash.
Sources: Uber, Insurance for delivery trips, read October 29, 2026; Texas Transportation Code 601.072
Does Uber Eats insurance cover accidents?
Uber lists liability insurance for injuries and property damage an Uber Eats driver causes while online. Liability insurance pays the people harmed by the driver; Uber's description requires the Uber Eats driver to be at fault.
| Driver’s app activity | Uber’s liability listing | What Uber excludes |
|---|---|---|
App off: "Offline" | Uber says it maintains no insurance while the app is off; the driver's personal auto insurance covers the driver. | Uber lists no coverage for this period. |
Online and waiting for an order: "Online & Available" | Uber lists state minimum insurance requirements. Uber says its insurance "may cover" injuries or damage an at-fault driver causes, and that it may maintain extra coverage depending on state law. | Uber says its insurance does not pay the delivery driver's own injury expenses or car repairs. |
On the way to pick up an order or carrying it: "En Route & On a Trip" | Uber lists $500,000, or more where required, for injuries and property damage the at-fault driver causes to other people. Uber's wording is "up to $500,000 (or more, where required)". | Uber says its insurance does not pay for the delivery driver's injuries or repairs to the driver's car. |
Uber requires its drivers to keep personal auto insurance at their state's minimum limits, including while using the app. Uber says some personal insurers cover delivery work or sell an endorsement that adds it, but Uber does not require that delivery coverage to sign up.
The Texas Department of Insurance lists paid-delivery crashes among the losses most personal policies do not cover. The North Carolina Department of Insurance says personal auto policies in North Carolina do not cover the driver or vehicle when the vehicle is used to deliver goods for a delivery platform. Report your claim to both Uber and the Uber Eats driver's insurer.
Ask for Uber's certificate of insurance for the state where the crash happened. Uber says the driver can find Certificates of Insurance by opening Account, then Insurance in the Driver app; you can also request the certificate through the claim. Uber says its limits vary by state and may have changed over time.
Uber says it keeps separate policies for rides and deliveries; for a passenger trip, use the Uber accident settlement guide.
Sources: Uber, Insurance for delivery trips, read October 29, 2026; Texas Department of Insurance, Auto insurance guide; North Carolina Department of Insurance, Driving for a Transportation Network or Delivery Network Company
What does Uber Eats delivery insurance leave out?
Uber says the insurance it maintains does not pay for the delivery driver's own injuries or car repairs during any part of a delivery. Uber also says it maintains no coverage for bikes, electric bikes, or walking unless required by law.
Uber says uninsured motorist and underinsured motorist coverage for deliveries exists in states that require it by law, not in every state. Uninsured motorist coverage concerns a driver with no insurance; underinsured motorist coverage concerns a driver whose insurance is too small for the claim. Uber says those coverages and limits differ by state and have changed over time.
For the delivery driver's car, Uber points to the driver's own policy if it covers delivery activity, or the insurance of another driver who caused the crash. Injury benefits that the driver buys are described below.
Sources: Uber, Insurance for delivery trips, read October 29, 2026
How do you prove the Uber Eats driver had an order?
Uber's delivery and location records show the app activity you need to document. Ask Uber in writing soon after the crash to keep the driver's records for the crash time, and ask the driver whether an order was active.
Uber's driver privacy notice, updated October 22, 2026, says it collects approximate and precise location while the app is open on screen or running in the background. Uber records the delivery date and time, distance, items, pickup and drop-off addresses, and restaurant or merchant location. Uber also lists driving data such as harsh braking, phone handling, sharp turns, hard acceleration, and speeding.
Uber lists seven years for location and trip or delivery data in its retention table. Uber also says it keeps potentially relevant data when an incident could lead to a lawsuit or insurance claim, and shares incident data with the insurer handling the claim.
Requesting the records
Uber's data request guidelines, last modified May 21, 2024, say: "We generally require a valid subpoena issued in accordance with applicable law before we can process private requests for information." A subpoena in a federal lawsuit can order Uber to produce specified records in Uber's possession, custody, or control under Federal Rule of Civil Procedure 45.
Uber requires a non-law-enforcement subpoena to go through its registered agent, with the correct company named. Uber also requires a narrow time period, the specific records requested, and an account identifier such as an email address or phone number; a name by itself is not enough. Uber says it does not answer emergency requests from people outside law enforcement.
State duties to give app times
Kentucky law requires the company or its insurer to provide precise waiting and delivery start and end times immediately on request for the 24 hours before and the 24 hours after a crash. Kentucky gives that right to directly interested parties, claimants, their counsel, and any insurer. North Dakota and West Virginia require those times for the 12 hours before and the 12 hours after a crash on request from directly involved parties or an insurer.
In North Dakota, Kentucky, and West Virginia, if the company lacks the times, failed to keep them, or fails to provide them, its insurer must assume primary liability for the claim when the parties dispute the start or end of a delivery period. North Dakota and West Virginia require the driver to disclose, on request from an interested party, insurer, or investigating officer, whether the driver was waiting or delivering. Kentucky puts that disclosure duty on the driver or company and also names claimants and their counsel among those entitled to ask.
Several apps open at once
A driver can be logged on to several apps, but the app with the active order decides which company's coverage applies. Ask which app had the order; if it was DoorDash, see the DoorDash accident settlement guide.
Sources: Uber, Privacy Notice: Drivers and Delivery People, October 22, 2026; Uber, Guidelines for Third Party Data Requests and Service of Legal Documents, May 21, 2024; Federal Rule of Civil Procedure 45; Kentucky Revised Statutes 365.532; North Dakota Century Code chapter 26.1-40.2; West Virginia Code chapter 33, article 63; Uber, Insurance for delivery trips, read October 29, 2026; Uber, Optional Injury Protection for Drivers
How do you report an Uber Eats accident?
Uber's crash page lets someone hit by an Uber Eats driver choose "Report as other party." Uber says everyone involved should file a report, including people in another vehicle, pedestrians, and witnesses. Uber says to call 911 first if anyone is hurt.
If you have no Uber account, use Uber's serious-incident form. The form asks when and where the crash happened, the plate number, what happened, and your phone number and email address. Uber's claims support team says it will guide you through the process with the state's insurance provider.
If you were delivering, Uber directs you to Safety Toolkit, then Report a crash in the Driver app. Another route is Help, Safety, then Safety Incident Reporting Line. Uber asks drivers to report as soon as reasonably possible and to contact police and paramedics if there are injuries or damage. Uber advertises 24/7 support on its crash page but displays no phone number there.
Photograph the vehicles, plates, and area, and collect the driver's contact and insurance details. Ask police for the report; the police report guide covers getting a copy. If the driver leaves, read the hit-and-run accident guide. For a call from an insurer, see the guide to an insurance adjuster's recorded statement.
Sources: Uber, I was involved in a crash with Uber; Uber Help, Report a serious incident involving a driver or vehicle; Uber, Insurance for delivery trips, read October 29, 2026
Who pays if another driver hits you while you deliver for Uber Eats?
Your claim for injuries and car damage goes to the insurer of the driver who caused the crash. The Texas Department of Insurance explains that liability insurance pays for other people's medical expenses and property damage when the policyholder is at fault. The injury ranges above apply to your claim as an Uber Eats driver too.
| Claim or coverage | Who provides it | What it pays |
|---|---|---|
Claim against the driver who hit you | The at-fault driver's liability insurer. | Injuries and property damage caused by that driver, as described by the Texas Department of Insurance. |
Optional Injury Protection, bought by the Uber Eats driver | Uber lists Atlantic Specialty Insurance Company as the insurer. | Uber lists a charge of $0.024 per mile while on a trip. Benefits include medical expenses up to $1,000,000 with no deductible or copay, earnings replacement up to $500 a week, and survivor benefits up to $150,000 for the family. |
California occupational accident insurance | Uber says it pays for this injury insurance automatically for California delivery drivers. | California law requires medical and lost-income benefits for injuries while online, with dependent death benefits. The California section below gives the amounts. |
Repairs to your delivery car | Your policy if it covers delivery work, or the at-fault driver's policy, according to Uber. | Uber says its delivery insurance pays none of your car repairs. |
Uber says Optional Injury Protection applies while online waiting for requests, going to pick up an order, and delivering through its app. Uber says the optional policy excludes services for another company and personal driving. Uber's available-state list does not include New York; Uber says California and Minnesota drivers cannot enroll.
Uber says you must notify Atlantic Specialty Insurance Company of an Optional Injury Protection claim within 20 days of injury. The claims phone number is 1-844-747-6221. Uber Support does not handle these injury-protection claims.
For a driver without insurance or with too little insurance, Uber says its uninsured and underinsured motorist coverage for deliveries exists where state law requires it. North Dakota requires both during the waiting and delivery periods. Read your own policy too; the underinsured motorist claim guide addresses a claim that exceeds the other driver's insurance.
Sources: Texas Department of Insurance, Auto insurance guide; Uber, Insurance for delivery trips, read October 29, 2026; Uber, Optional Injury Protection for Drivers; North Dakota Century Code chapter 26.1-40.2; California Secretary of State, Proposition 22 text, November 3, 2020
Which states have delivery insurance laws for Uber Eats drivers?
North Dakota, Kentucky, and West Virginia require primary automobile liability insurance while a delivery driver waits online and while the driver goes to pick up or deliver an order.
| State | Law date | Required minimums in both periods | App times after a crash |
|---|---|---|---|
North Dakota | 2023 law; filed April 12, 2023. | North Dakota law requires $50,000 bodily injury per person, $100,000 bodily injury per accident, and $25,000 property damage, plus uninsured motorist, underinsured motorist, and personal injury protection coverage. | North Dakota requires the company or insurer to give times for 12 hours before and 12 hours after, on request. |
Kentucky | Effective January 1, 2025. | Kentucky law requires $50,000 bodily injury per person, $100,000 bodily injury per accident, and $25,000 property damage, or Kentucky's standard auto insurance minimum, if higher. | Kentucky requires the company or insurer to give times immediately for 24 hours before and 24 hours after, on request. |
West Virginia | Effective July 1, 2025. | West Virginia law requires $50,000 bodily injury per person, $100,000 bodily injury per accident, and $25,000 property damage. The vehicle definition includes motorcycles and mopeds. | West Virginia requires the company or insurer to give times for 12 hours before and 12 hours after, on request. |
North Dakota, Kentucky, and West Virginia allow the driver, company, or both to carry the required insurance. In all three states, the company's insurer must pay from the first dollar and defend the claim if the driver's insurance lapses or lacks the required coverage; a denial from another auto insurer is not a condition of company coverage. All three states permit personal insurers to exclude coverage and the duty to defend or pay on the driver's behalf during both periods. Tennessee's delivery-company automobile liability insurance requirements begin January 1, 2027, under House Bill 2175, Public Chapter 1011, signed May 26, 2026.
Sources: North Dakota Century Code chapter 26.1-40.2; Kentucky Revised Statutes 365.532; Kentucky Revised Statutes 304.39-048; West Virginia Code chapter 33, article 63; Tennessee General Assembly, House Bill 2175
What does California require for an Uber Eats delivery?
California requires a delivery company to maintain at least $1,000,000 per occurrence for harm to other people during an accepted delivery in a car, when the car is not already covered by another auto insurance policy that meets California's legal requirements. California's Proposition 22 counts that time from acceptance of the order through completion. Voters approved Proposition 22 on November 3, 2020.
Uber says California delivery drivers receive occupational accident insurance automatically, paid for by Uber, without signing up. Occupational accident insurance pays injury benefits for work. California law requires this insurance for medical expenses and lost income from injuries while the driver is online.
California law sets medical coverage at "up to at least one million dollars ($1,000,000)". California disability benefits equal 66% of the driver's average weekly earnings across all network companies at the injury date, subject to the Labor Code's weekly minimum and maximum, for up to the first 104 weeks after injury. California requires accidental death insurance that benefits the driver's spouse, children, or other dependents.
Sources: California Secretary of State, Proposition 22 text, November 3, 2020; Uber, Optional Injury Protection for Drivers
Can you sue Uber Eats?
Whether you can sue Uber Eats depends on whether the company is legally responsible for your crash. Uber lists $500,000 in liability insurance, or more where required, for a crash its driver causes while going to pick up an order or delivering it. Uber's merchant terms identify Portier, LLC as a wholly owned Uber subsidiary, and the New Jersey delivery-crash opinion describes the driver's contract with Portier. Those company names do not by themselves decide who belongs in your lawsuit.
Uber says its drivers are independent third parties rather than employees. In West Virginia, a delivery driver has independent contractor status unless the parties agree otherwise in writing. Texas treats a delivery person as an independent contractor when the company does not set hours, bar other apps, set the territory, or bar other work, and both sides agree in writing to that status; the Texas rule took effect September 1, 2025.
Sources: Uber Eats Merchant Terms and Conditions; Malzberg v. Josey, Superior Court of New Jersey, Appellate Division, September 27, 2022; Uber, Guidelines for Third Party Data Requests and Service of Legal Documents, May 21, 2024; West Virginia Code chapter 33, article 63; Texas Occupations Code chapter 2402; Uber, Insurance for delivery trips, read October 29, 2026
Is the Uber Eats settlement in the news about accidents?
The Seattle Uber Eats settlement is for delivery worker pay, not crashes or injuries. Seattle's Office of Labor Standards announced the pay settlement on August 18, 2026 after alleging that Uber Eats did not consistently make required minimum payments for canceled orders. In that pay settlement, Seattle says Portier, LLC doing business as Uber Eats agreed to $4,386,682.28 in back pay, interest, liquidated damages, and civil penalties for 14,421 affected workers, plus $5,982.90 in fines to the city. The pay agreement does not decide a crash claim.
Sources: City of Seattle, Office of Labor Standards pay settlement announcement, August 18, 2026
How long do you have to file an Uber Eats injury claim?
The filing deadline depends on the state. The statute of limitations is the deadline to file your lawsuit; find your state in the personal injury filing deadline guide. State rules also decide how your share of fault affects compensation; see the state fault rules.
What should you save after an Uber Eats accident?
Save the driver's details, the crash evidence, and the information that identifies the order. Request Uber's app records and report the incident to Uber and the driver's insurer.
Get emergency help and identify the driver
Call 911 if someone is hurt, as Uber directs. Write down the Uber Eats driver’s name, phone number, plate, and insurance details. Photograph the vehicles and the area, and save the police report number.
Ask about the order and the insurance certificate
Ask whether the Uber Eats driver had accepted an order when the crash happened. Request the certificate of insurance for that state. Uber says the driver can find it in the Driver app under Account, then Insurance.
Send Uber a written request to keep the records
Identify the crash time and the driver in a written request to Uber soon after the crash. Ask Uber to keep the location and delivery records for that time. Uber says it generally requires a valid subpoena to process a private request for information.
Report to Uber and the driver’s insurer
Give the crash details to the Uber Eats driver’s insurer and to Uber. Use Uber’s Report as other party option if you were hit. If you were delivering, use Report a crash in the Driver app’s Safety Toolkit.
Find the deadline for your state
Look up the filing deadline for the state where the claim belongs. The statute of limitations is the deadline to file the lawsuit; fault rules also differ by state.
Sources: Uber, I was involved in a crash with Uber; Uber, Insurance for delivery trips, read October 29, 2026; Uber, Privacy Notice: Drivers and Delivery People, October 22, 2026; Uber, Guidelines for Third Party Data Requests and Service of Legal Documents, May 21, 2024
Uber Eats accident settlement questions
How much is an Uber Eats accident settlement worth?
Uber Eats accident settlements range from $5,000 to $5,000,000+ by injury. The same injury ranges apply when you were delivering for Uber Eats and another driver caused your injuries. The treatment and fault split affect the value; the app activity and state affect the insurance available.
Does Uber Eats insurance cover accidents on a delivery?
Uber lists liability insurance of $500,000, or more where required, when an Uber Eats driver causes a crash on the way to pick up an order or while carrying it. Uber describes this as coverage for injuries and property damage to other people. Ask for the state’s certificate of insurance in the Driver app under Account, then Insurance.
What insurance applies while an Uber Eats driver waits for an order?
Uber lists state minimum insurance requirements while the Uber Eats driver is online and waiting for an order. Uber says its liability insurance “may cover” injuries or damage the driver causes and says it may maintain extra coverage depending on state law.
Who pays if the Uber Eats driver had the app off?
Uber says the driver’s personal auto insurance covers the driver with the app off. Uber says it maintains no coverage during that time.
Does Uber pay to repair an Uber Eats driver’s car?
Uber says its delivery insurance does not pay for the Uber Eats driver’s car repairs at any delivery stage. Uber directs drivers to their own policy if it covers delivery work, or to the policy of another driver who caused the crash.
Does Uber Eats insurance cover bikes and e-bikes?
Uber says it maintains no coverage for bikes, electric bikes, or walking unless the law requires it. That exclusion concerns the person making the delivery, not whether a cyclist hurt by an at-fault Uber Eats driver can make a claim.
How do you get Uber’s records after an Uber Eats crash?
Uber says it generally requires a valid subpoena before processing a private information request. Ask Uber in writing to keep the driver’s location and delivery records for the crash time. Uber requires requests to identify the account with more than a name and to specify the time period and records sought.
What if the Uber Eats driver was using several apps?
The active order tells you which company’s coverage applies when a driver is logged on to several apps. Ask the driver which app had that order at the time of the crash.
How do I report an Uber Eats accident without an Uber account?
Uber accepts crash reports from people without accounts through its serious-incident form. Uber’s crash page also has a Report as other party option. Provide the crash date, time, location, vehicle plate, what happened, and your phone number and email address.
What happens if an Uber Eats driver gets hurt in an accident?
An Uber Eats driver hurt by another driver has a claim against that driver’s liability insurance. Uber says its own delivery insurance does not pay for the delivery driver’s injuries. Drivers who bought Optional Injury Protection must notify Atlantic Specialty Insurance Company within 20 days of injury, according to Uber; the claims number is 1-844-747-6221. Uber pays for separate occupational accident insurance for California delivery drivers.
Is the Seattle Uber Eats settlement about accident claims?
The Seattle Uber Eats settlement concerns delivery worker pay, not accident claims. Seattle’s Office of Labor Standards announced on August 18, 2026 that Uber Eats agreed to $4,386,682.28 for 14,421 affected workers and $5,982.90 in city fines over alleged minimum-payment violations. The pay settlement does not decide compensation for a crash.
How long do you have to file an Uber Eats accident lawsuit?
The state sets the filing deadline for an Uber Eats injury lawsuit. Find the personal injury statute of limitations for your state and claim before deciding when to file.
Can you sue Uber Eats after a crash?
Whether you can sue Uber Eats depends on whether the company is legally responsible for your crash. Uber lists $500,000 in liability insurance, or more where required, when its driver causes a crash while going to pick up an order or delivering it. Uber’s insurance listing does not decide Uber’s own liability. Uber identifies Portier, LLC as its wholly owned subsidiary in the Uber Eats merchant terms. Uber describes its drivers as independent third parties.
Does Uber Eats delivery work affect personal car insurance?
Delivery work affects what the driver’s personal policy covers. The Texas Department of Insurance says most policies exclude crashes during paid deliveries. The North Carolina Department of Insurance says North Carolina personal auto policies exclude use of a vehicle to deliver goods for a delivery platform. Uber requires drivers to keep personal auto insurance at state minimum limits.
Sources: Uber, Insurance for delivery trips, read October 29, 2026; Uber, Guidelines for Third Party Data Requests and Service of Legal Documents, May 21, 2024; Uber, Optional Injury Protection for Drivers; Uber, I was involved in a crash with Uber; Uber Help, Report a serious incident involving a driver or vehicle; Uber Eats Merchant Terms and Conditions; City of Seattle, Office of Labor Standards pay settlement announcement, August 18, 2026; Texas Department of Insurance, Auto insurance guide; North Carolina Department of Insurance, Driving for a Transportation Network or Delivery Network Company
For reported claim results, visit the personal injury settlements and verdicts database.
Cite this data
SetCalc. "Uber Eats Accident Settlement Calculator." Updated October 29, 2026. https://setcalc.com/guides/uber-eats-accident-settlement-calculator.
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