Who Is Liable When an Uber Backup Driver Causes an Accident?

If an unauthorized “backup” driver causes an accident in an Uber, the backup driver’s personal insurance will usually bear the liability. Uber’s commercial policies cover only the verified driver shown in the app, so if someone else is driving, insurers will likely deny Uber’s coverage.

In practice, the claim shifts to the at-fault driver’s own auto policy. (In fact, Uber explicitly treats any mismatch between the person driving and the app’s profile as a policy violation.)

In some cases (for example, when Uber is testing autonomous vehicles), courts may hold Uber vicariously liable if the backup driver is considered an Uber employee, but under normal U.S. law Uber drivers are independent contractors, so victims generally sue the driver, not Uber.

What is an “Uber Backup Driver”?

Uber does not allow an unofficial backup driver on passenger trips. Only the single, verified driver (whose name, photo, car make/model and license plate appear in the app) may carry riders. If anyone else takes the wheel – even for a quick favor or shift change – that person is unauthorized and in violation of Uber’s rules.

In other words, there is no substitute driver on an Uber trip. The app’s driver profile is meant to confirm that the person driving has passed Uber’s checks. If the person driving doesn’t match the app profile, it flags a problem: the trip may not be covered by Uber’s insurance.

Key Point: Always verify your Uber driver’s photo, name and license plate before getting in. If you notice mid-trip that the driver is not the one on the screen, it’s safest to stop the ride. An “unauthorized” backup driver behind the wheel can void Uber’s coverage and force everyone to rely on personal insurance.

Rideshare Insurance Coverage by Driver Status

Liability in a rideshare crash depends on the driver’s app status and whose fault the accident is. In general, U.S. law requires rideshare companies to carry layered insurance, but these policies vary depending on the driver’s status (off-duty, waiting for a rider, or on an active trip). A typical breakdown is:

• App Off (Offline) – The driver is not logged in. This is treated like any normal car accident. The at-fault party’s personal auto insurance applies (Uber’s policy does not).
• App On (Waiting for Ride) – The driver is logged into the Uber app but hasn’t accepted a trip yet. In most states (like Texas), Uber provides a contingent liability policy with modest limits (e.g. $50,000 per person, $100,000 per accident, $25,000 property in Texas. The driver’s own insurance is also primary.
• Trip Active (Passenger On Board) – The driver has accepted a ride or is carrying a passenger. Uber’s full commercial policy applies (usually $1 million liability in many states, even up to $1.25 million in New York). This covers injuries and damage if the Uber driver is at fault, and even provides uninsured/underinsured motorist (UM/UIM) coverage if another motorist is at fault.

These layers exist in all states, though the exact amounts vary by law. For example, California will require Uber to carry $1 million liability for driver-caused crashes, while Texas and many others use the $1 M standard. New York mandates up to $1.25 M on active trips, and lower contingent coverage when waiting.

Exception: Backup Driver Scenario. When a backup or unauthorized driver is behind the wheel, these standard Uber policies may not apply at all. Insurers will check: was the person driving the one approved in the app? If not, Uber treats it as a policy violation.

In that case, Uber’s coverage can be denied or excluded. Practically, that means the insurance order reverts to a normal auto accident sequence: first file with the at-fault person’s insurer, then any other relevant coverage (passenger UM/UIM, etc.).

Liability When a Backup Driver Causes an Accident

If an unauthorized backup driver causes the crash, who pays? The insurer will look to the actual driver, not Uber. For example, one legal guide notes: “If an unauthorized (‘backup’) driver causes the crash…Uber’s commercial coverage can be disputed or denied because the trip wasn’t being performed by the authorized, vetted driver. In that situation, claims typically shift to the at-fault driver’s personal auto insurance”. In short:

• Authorized Uber driver at fault: Uber’s $1M (or higher) liability policy covers passengers as third parties. You would claim under Uber’s policy, regardless of fault.
• Unauthorized backup driver at fault: Uber’s insurer likely refuses coverage. The backup driver’s own insurance is the first source of recovery. If they have no coverage or it excludes commercial use, their policy may not pay. Victims then may need to use UM/UIM coverage (if the crash occurred during an active trip and such coverage is available) or sue the backup driver directly.
• Third-party driver at fault: If some other motorist (not in the Uber) caused the crash, their insurance is primary. Uber’s policies (like UM/UIM if active) might still help cover losses for injured riders, but again, backup drivers complicate the mix.

Victims should be prepared to navigate multiple insurers. After documenting who was driving, “you may need to open claims with multiple carriers (the unauthorized driver’s personal insurer, the other driver’s insurer, and UM/UIM where available)”. If Uber’s coverage layer is void, the claim usually ends up against the person actually driving the car (the backup driver), just like any other negligent driver.

State Laws and Insurance Examples

California: California law requires Uber to maintain $1 million liability for active rides and certain UM/UIM limits. Uber drivers remain classified as contractors under Prop 22 (so Uber itself is generally not sued for crashes). If a backup driver causes an accident in California, Uber’s policy would typically be void (since the driver on the road didn’t match the app). The victim would then pursue the backup driver’s insurance or other coverages.

Texas: Texas treats Uber and Lyft drivers as independent contractors. Texas law mandates a $50k/$100k/$25k contingent policy when waiting and $1 million coverage when on a trip. Uber/Lyft themselves aren’t considered employers of the driver. Therefore, in Texas, an Uber backup driver crash means Uber’s policies (active or contingent) are likely void, and the claim falls on the backup driver’s policy just like any non-rideshare crash.

New York: New York City’s rideshare policies are layered similarly. Uber is required to carry up to $1.25 million liability during active trips (plus contingency coverage when waiting). But again, if someone other than the approved driver is behind the wheel, Uber’s layered coverage can be denied. Victims in NYC would then claim against the backup driver’s insurance or any other applicable policy. New York also treats drivers as independent contractors, so lawsuits go against the driver, not Uber directly.

Across the U.S., the rule is consistent: authorized Uber trips invoke Uber’s special insurance, but unauthorized driving reverts to ordinary auto-law. Accident victims and Uber drivers should consult local laws for any nuances (for instance, California’s AB 5/Prop 22 background or updated insurance requirements) but the core liability concept is general.

What Accident Victims Should Do

If you’re injured in any Uber crash, take quick action to protect your rights:

• Call 911 and get a police report: An official report is crucial. Describe the scene (location, vehicles involved, etc.) to law enforcement.
• Document everything: Take photos/videos of the damage, street signs, traffic signals, and your injuries. Photograph the vehicle, license plates, and any other evidence.
• Verify the driver: If you can safely do so, check the Uber driver’s ID and license. After the crash (or even at the scene), screenshot the Uber app’s driver info – name, photo, car details – to prove who was supposed to be driving.
• Gather information: Get contact and insurance details from the driver(s) involved and any witnesses. If the driver was the wrong person, note that in your report.
• Notify insurers: If Uber’s policy applies, your lawyer or Uber will contact it. But if the driver was unauthorized, you’ll file a claim with that driver’s personal insurer. If they are uninsured, you may need your own insurance (UM/UIM) or other sources.
• Keep records: Save all medical records, expenses and communications. If insurers dispute coverage, this documentation will help your attorney build the claim.

Each state has a statute of limitations for filing suit (typically 2–3 years). It’s wise to consult a personal injury lawyer early. As one rideshare guidance states, “documentation is critical… counsel can help open and sequence claims with the right carriers and preserve [UM/UIM] options”.

In short, an Uber backup driver crash often means navigating both personal and Uber-related insurance – professional legal help can make sure you meet all deadlines and use every available policy.

Legal Outcomes and Sue-ability

Remember that Uber generally cannot be sued directly for accidents by riders, because drivers are independent contractors. Instead, the injured party typically sues the at-fault driver (the Uber driver or another motorist) and files any applicable claims under the driver’s or Uber’s insurer.

If a backup driver crashes, victims will focus on that driver’s negligence and insurance, treating it like a non-rideshare crash. (An important exception is autonomous vehicle testing: courts have held that safety drivers in Uber’s self-driving cars are like employees, so Uber could be held vicariously liable.

Indeed, in the 2018 Tempe, AZ accident the Uber safety driver was criminally charged. But for ordinary Uber trips, backup drivers do not carry Uber’s protection.)

If the backup driver is partially at fault, victims may still recover (most states allow comparative negligence). If the driver had no insurance, recovery may be limited to available UM/UIM coverage. In all cases, accident victims should exhaust every policy.

For example, Uber’s $1 million UM/UIM policy can cover passenger injuries if another driver (even the backup driver) was uninsured — provided the trip was active and the coverage conditions are met.

Conclusion

In summary, when an Uber backup driver causes an accident, liability generally falls on that driver’s own insurance. Uber’s commercial policies apply only to the verified driver and approved trips. Accident victims should act immediately: call the police, document the scene, and verify the driver’s identity. They will then pursue claims against the at-fault driver’s insurer (or Uber’s UM/UIM, if applicable) rather than Uber itself.

For Uber drivers, using an unauthorized backup driver is risky – it voids Uber’s coverage and can leave both the driver and backup personally liable. Understanding these guidelines and state-specific rules can help victims and drivers navigate the claims process successfully.