Who it’s for: Texans hurt in crashes involving DoorDash or Uber Eats drivers using their own cars—drivers, passengers, pedestrians, and other motorists.
When to read: Right after a collision or while you’re deciding who to file a claim against.
What you’ll learn: How “gig periods” control coverage, why personal policies often deny, the limits these apps provide, and how to protect your claim in Texas.
The short answer
Coverage follows the driver’s app status at the exact moment of the crash:
- App OFF (not logged in): The driver’s personal auto policy is primary.
- App ON, waiting for orders:
- Uber / Uber Eats: Uber maintains third-party liability at $50k/$100k/$25k (BI per person/BI per crash/PD) if the driver is at fault. (Uber)
- DoorDash: DoorDash says it maintains third-party auto liability while the driver is in the “Delivery Available” status; how it applies can depend on the driver’s own policy and claim handling. (DoorDash Help)
- On the way to pick up / actively delivering:
- Uber / Uber Eats: At least $1,000,000 in third-party liability; contingent comp/collision for the driver’s car (typically with a $2,500 deductible) if the driver carries comp/collision personally. (Uber)
- DoorDash: Up to $1,000,000 in third-party liability while on an active delivery (accept → drop-off). (DoorDash Help)
Why personal auto insurers say “no” (and what Texas law allows)
Most Texas personal auto policies have a business-use/rideshare/delivery exclusion. Texas law expressly permitscarriers to exclude coverage when a vehicle is used to carry people or property for compensation (i.e., gig driving). (Texas Statutes)
Texas also sets minimum insurance rules for rideshare (TNC) periods:
- Logged in, no trip: $50k/$100k/$25k minimum liability.
- On a trip: $1,000,000 minimum per incident.
These are codified for rideshare in Insurance Code Chapter 1954; delivery apps often mirror these periods contractually, even though the statute itself is written for TNCs. (Texas Statutes)
Key takeaway: If a personal carrier denies because the driver was “working,” don’t stop there—the platform’s policy may still apply.
Coverage, period by period (DoorDash vs. Uber/Uber Eats)
1) App OFF
- Primary: Driver’s personal auto insurance.
- Platform coverage: None.
- Notes: Standard Texas claim against the at-fault driver’s policy.
2) App ON, waiting (no order yet)
- Uber / Uber Eats: Platform maintains third-party liability at $50k/$100k/$25k if the gig driver is at fault. UM/UIM and PIP/MedPay may exist depending on state and certificates. (Uber)
- DoorDash: DoorDash reports third-party liability during the “Delivery Available” period. In practice, it can be contingent—the driver’s personal insurer is looked to first; if excluded/denied, DoorDash’s policy may step in. (DoorDash Help)
- Common dispute: Personal carrier denies (delivery exclusion). We obtain log data to prove the app status and pivot to the platform policy.
3) On assignment (en route to pickup, or transporting the order)
- Uber / Uber Eats: ≥ $1,000,000 third-party liability; contingent comp/collision for the driver’s own car with a $2,500 deductible if the driver carries comp/collision personally. (Uber)
- DoorDash: Up to $1,000,000 third-party liability during an active delivery (accept → completion/cancel). (DoorDash Help)
Texas proof problems: How we lock down “app status”
In Texas, the status at impact drives coverage. For rideshare, Chapter 1954 requires companies to assist insurers with precise log-on/off times and coverage details after a crash; we leverage those rules and use subpoenas and preservation letters to secure similar data from delivery platforms. (Texas Statutes)
What we gather fast:
- App logs & screenshots showing “online,” accept times, route, and drop-off. (We request platform logs directly.)
- Police report, 911 audio, and CAD times to sync the timeline.
- Dashcam/EDR/smart-car data to confirm speed, braking, and route.
- Certificates of Insurance the platforms publish. (Uber links its state COIs.) (Uber)
Need help pulling recordings? See our guide: [How to Pull 911 Audio](https://www.ryanorsattilaw.com/blog/how-to-pull-911-audio).
Where your recovery can come from
Think of coverage “layers” you can tap, depending on fault and status:
- At-fault platform liability (Uber/Uber Eats/ DoorDash) per the period rules above. (Uber, DoorDash Help)
- Driver’s personal policy (if no valid exclusion or during OFF period). (Texas Statutes)
- Your own UM/UIM and PIP/MedPay. If the at-fault driver is underinsured or coverage is disputed, Texas UM/UIM can bridge the gap. (We structure demands to avoid offsets and preserve stacking arguments.)
- Learn more here: [UM/UIM Coverage in Texas: What It Really Pays](https://www.ryanorsattilaw.com/blog/um-uim-coverage-texas) (internal).
- Property damage & rentals. Uber’s contingent comp/collision can help its driver while on a trip (with a deductible). For third parties, you pursue the at-fault liability coverage for repairs, total loss, and loss of use. (Uber)
How adjusters push back (and how we counter)
- “The driver wasn’t working.”
We match order timestamps to 911 CAD and GPS breadcrumbs. Platforms’ logs are hard to dispute, and Texas law anticipates sharing status data in TNC contexts. (Texas Statutes) - “Personal policy only.”
Texas allows exclusions for paid driving. If the personal policy denies for business use, platform coverage is next up—especially on trip (Uber/Uber Eats) or active delivery (DoorDash). (Texas Statutes, Uber, DoorDash Help) - “Low limits apply.”
When the app was on but waiting, Uber’s $50k/$100k/$25k tier may control; once en route or delivering, Uber jumps to $1M. DoorDash indicates $1M on active delivery. We prove the moment-to-moment status. (Uber, DoorDash Help)
What to do right now (10-minute checklist)
- Call 911; get the report number.
- Photograph plates, damage, app screens, and the scene.
- Ask the driver: “Are you logged in? Which app?” Note whether they’d accepted an order.
- Get the platform incident link (Uber has a third-party crash portal). (Uber)
- See a doctor within 24–48 hours; tell them it was a delivery-app crash.
- Call Ryan Orsatti Law before giving a recorded statement.
We also preserve in-app data and send targeted preservation letters to the platform and insurers on day one.
FAQ (fast)
Does Texas law guarantee $1M for DoorDash?
Texas statutes set $1M for rideshare trips (TNC). Delivery apps (DoorDash/Uber Eats) contractually provide their own coverage—Uber mirrors TNC levels on trips; DoorDash states $1M on active delivery. We verify the current certificate in your case. (Texas Statutes, Uber, DoorDash Help)
If the DoorDash driver was only “online,” not yet assigned?
DoorDash says it maintains liability during “Delivery Available.” Whether and how it applies can depend on the driver’s personal policy and claim handling; we gather logs to confirm. (DoorDash Help)
Why did the personal carrier deny?
Because Texas allows exclusions for paid driving/delivery; that’s why platform policies exist. (Texas Statutes)
Reference
- Texas Department of Insurance: Delivering packages? What to know about auto insurance (business-use exclusions, rideshare/delivery tips). (Texas Department of Insurance)
Additional primary sources used in our analysis: Uber Insurance for Rideshare and Delivery Drivers(coverage by period) and Texas Insurance Code Chapter 1954 (TNC minimums). (Uber, Texas Statutes)
Related guides (on our site)
- UM/UIM Coverage in Texas: What It Really Pays
- How to Pull 911 Audio
- Smart-Car & Dashcam Data After a Crash
Talk to a Texas lawyer who knows gig-app claims
If you were hit by a DoorDash or Uber Eats driver—or you were the driver and the insurer is punting you between policies—we can line up the right coverage and move your claim forward. Call Ryan Orsatti Law now or send a message 24/7.
Ryan Orsatti Law
4634 De Zavala Road │ San Antonio, TX 78249
T. 210.525.1200
Free consultation. No fee unless we win.