California Uber and Lyft Accident Lawyer
After a California Uber or Lyft accident, the available insurance depends on the driver’s app status and who caused the crash. A driver waiting for a request has different coverage from a driver who has accepted a ride. Passengers, other drivers and pedestrians may have claims, but a rideshare logo alone does not establish liability or guarantee a $1 million payment.
LA Injury Attorneys helps injured people identify the responsible parties and the policies that may apply. Founder Alex Sarajian worked as a Farmers Insurance claims adjuster before founding the firm in 2007. We represent clients across California, with a focus on Southern California. Your case review is free, and there is no fee unless we win. Call (877) 861-8601, open 24/7. Hablamos español.
Which Uber or Lyft Insurance Period Applies?
Public Utilities Code §5433 sets California’s transportation network company insurance requirements. The critical question is what the driver was doing at the moment of the collision, not whether the driver sometimes earns money through the app.
- App off: The driver’s personal auto policy generally applies. The platform’s rideshare liability coverage ordinarily does not apply merely because the driver has an account.
- App on, waiting for a ride: Required primary liability coverage is at least $50,000 per person for injury or death, $100,000 per incident for injury or death, and $30,000 for property damage. The statute also requires at least $200,000 in excess liability coverage during this period.
- Ride accepted, driving to pick up the passenger: Required primary liability insurance is $1 million for death, personal injury and property damage.
- Passenger trip: The $1 million primary liability requirement continues through the statutory trip period. It is a coverage limit, not an amount automatically paid to each injured person.
The accepted-ride period continues until the transaction is completed or the ride is complete, whichever is later. App timestamps and trip records help resolve disputes. Read our rideshare insurance coverage guide, but have the actual policy and accident date checked.
Passengers, Other Drivers and Pedestrians Have Different Claims
If you were a passenger: You may have a claim against the rideshare driver, another driver, or both, depending on fault. Being in an Uber or Lyft does not mean your driver caused the crash. Save the trip receipt and identify every vehicle involved.
If you were another driver: A claim against the rideshare driver’s applicable liability policy depends on the driver’s negligence and app period. Your own collision coverage may offer a separate way to address vehicle damage, subject to your policy and deductible. A personal insurer may dispute business use, making the TNC records important.
If you were walking or cycling: You can pursue a negligent driver even though you were not a rideshare customer. A pickup, drop-off, turning movement or opening door may require careful analysis of the people involved. Your own auto policy may provide uninsured motorist benefits in qualifying circumstances.
Liability claims against a platform itself require a separate legal analysis. Driver classification, platform conduct and insurance obligations are different questions. Our Lyft accident page covers related claim issues.
Uninsured and Underinsured Motorist Coverage Is Not the Same as Liability
Liability insurance responds when an insured party is legally responsible. Uninsured motorist (UM) and underinsured motorist (UIM) coverage may protect an insured injured by a driver with no insurance or insufficient qualifying coverage. Fault and coverage still must be established.
Under the current version of Public Utilities Code §5433, required rideshare UM/UIM coverage is $60,000 per person and $300,000 per incident while the passenger is in the vehicle. Do not confuse that requirement with the separate $1 million liability requirement. Older accidents may involve different statutory requirements or policy limits.
Your own auto policy or another applicable policy may matter, but benefits do not necessarily stack. Insurance Code §11580.2 contains important UM/UIM conditions. Consent, exhaustion, offsets, reporting and time limits can affect a claim. Get advice before releasing an at-fault driver if you may need UIM benefits.
Ask for the declarations and applicable coverage information for the crash date. A website summary or an adjuster’s brief description is not a substitute for the policy. Do not assume coverage continues after you exit the car or applies during every app period.
Evidence to Save Before the App Records Change
Get emergency care first. When safe, preserve both ordinary collision evidence and the digital records unique to a rideshare trip. Do not assume the app’s customer-support report preserves everything needed for a legal claim.
- Screenshot the driver profile, vehicle, plate, trip status, route and pickup or drop-off details.
- Save the receipt, ride ID, payment record, support messages and cancellation notices. Keep original emails and files.
- Photograph all vehicles, damage, street signs, traffic controls and the surrounding scene. Get witness contact details.
- Record the responding police agency and report number. Preserve dashcam or business-camera leads promptly.
- Keep ambulance records, medical instructions, bills, proof of missed work and a factual record of activity restrictions.
- Preserve messages and any terms of service or account notices you received. Do not delete your account or change records to support a theory.
A lawyer can request preservation of trip timestamps, dispatch records and other relevant data. See our guide to Uber and Lyft claim issues for additional questions to raise before settling.
Arbitration Terms and California Filing Deadlines
Uber and Lyft user agreements may require arbitration of certain disputes rather than a court trial. Whether a provision applies depends on the agreement, assent, parties and claims. A rider’s account history and the version of the terms can matter. Arbitration does not automatically erase an injury claim.
Do not assume a pedestrian is bound merely because the vehicle was an Uber, or assume that an account holder can always avoid arbitration. Claims against another negligent driver may raise different forum questions. Preserve the terms and let counsel evaluate enforceability rather than relying on a general rule.
Code of Civil Procedure §335.1 generally allows two years for an injury lawsuit. If a government vehicle or dangerous public property contributed, Government Code §911.2 generally requires a written claim within six months. Insurance and arbitration provisions may create additional requirements. Reporting a crash through the app does not replace legal filings or extend deadlines.
What Compensation Can Cover and How We Help
A supported claim may include medical expenses, future treatment, lost earnings, reduced earning capacity and pain and suffering. California’s pure comparative fault rule reduces recovery by your share of responsibility. Neither a large policy nor a severe diagnosis alone establishes the amount owed.
We examine fault, app status, available coverage and medical documentation before evaluating settlement options. Attorney Eduardo Brito has 30 years of experience, much of it as insurance defense counsel. We use the firm’s insurance background to scrutinize coverage positions and evidence, not to promise a result.
Delivery work is not automatically governed by passenger rideshare rules. If the driver was delivering food or packages rather than carrying a rider, see DoorDash and Uber Eats delivery accidents. Our only office is at 1611 N. San Fernando Blvd, Burbank, CA 91504. Contact us for a free review of your accident and the applicable policies.
Related Crash and Injury Claims We Handle
Rideshare crashes often involve other kinds of claims too. We also handle:
- Car accidents
- Pedestrian accidents
- Bicycle accidents
- Multi-vehicle crashes
- Hit-and-run accidents
- Brain injuries
- Spinal cord injuries
- Wrongful death
See all of our practice areas, or read about how we handle car accident claims in Los Angeles.
Why Hire Attorneys With an Insurance Background
A rideshare claim can involve the driver’s personal insurer, Uber’s or Lyft’s commercial policy and your own uninsured motorist coverage, and each one looks for a reason the claim belongs to someone else. Our founder, attorney Alex Sarajian, worked as a Farmers Insurance claims adjuster before opening LA Injury Attorneys in 2007, and he knows how carriers sort out which policy is on the hook.
We lock down the app-status evidence, trip records and police report early, deal with every insurer for you and keep you updated. You pay nothing upfront and nothing unless we win.
Uber and Lyft Accident Claims Across Southern California
We handle California rideshare injury claims from our Burbank office, including crashes in these Southern California coverage areas.
See the full list of coverage areas.
Frequently Asked Questions
1. Does every Uber accident have $1 million in coverage?
No. The driver’s app status determines the applicable period. The $1 million primary liability requirement applies after a ride is accepted, not while the app is off or simply waiting for a request.
2. What insurance applies while the driver is waiting for a ride?
California requires primary liability limits of at least $50,000 per person, $100,000 per incident for injury or death, and $30,000 for property damage, plus at least $200,000 in excess liability coverage.
3. Is passenger UM/UIM coverage also $1 million?
Not under the current statutory requirement. Public Utilities Code §5433 requires $60,000 per person and $300,000 per incident while a passenger is in the vehicle. The accident date and actual policy must be checked.
4. Can I make a claim if I was hit while walking?
Yes, if a negligent rideshare driver caused your injury. Applicable liability coverage depends on app status. You do not need to have been a passenger to pursue a negligence claim.
5. Do app arbitration terms prevent compensation?
Not necessarily. They may affect where certain claims are resolved. Whether an agreement applies and is enforceable depends on the terms, assent, parties and claims. Other-driver insurance claims may remain available.
6. What does a rideshare case review cost?
It is free. LA Injury Attorneys works on contingency, with no fee unless we win. Call (877) 861-8601, open 24/7.