October 20, 2026
Uber and Lyft Accident Claims in California: Who Pays?
By Vikas Bajaj, attorney at Injury Trial Lawyers. Nearly 25 years of experience. Admitted in California (2001) and Texas (2022).
The short answer
In California, the insurance that applies after an Uber or Lyft crash depends on what the driver’s app was doing at the time:
- App off: the driver’s personal auto policy applies, like any other crash.
- App on, waiting for a ride request: rideshare insurance must provide at least $50,000 per person / $100,000 per incident for injury or death and $30,000 for property damage. The company must also carry at least $200,000 in excess coverage.
- Ride accepted through drop-off: rideshare insurance must be primary and at least $1,000,000 for death, personal injury and property damage. Passengers also get uninsured/underinsured motorist coverage of $60,000 per person / $300,000 per incident from the time they enter the vehicle until they exit.
These minimums come from Public Utilities Code 5433. The usual deadline to file an injury lawsuit is two years (Code of Civil Procedure 335.1).
Why the app status matters
California calls Uber and Lyft “transportation network companies.” The law sets different insurance requirements for different periods (PUC 5433):
| Period | Minimum rideshare coverage (PUC 5433) |
|---|---|
| Logged on, no ride accepted | $50,000 per person / $100,000 per incident (injury/death); $30,000 property damage; plus $200,000 excess |
| Ride accepted until the ride is complete | $1,000,000 primary for death, personal injury and property damage |
| Passenger in the vehicle | Plus $60,000 / $300,000 uninsured and underinsured motorist coverage |
While the app is on, a driver’s personal policy generally does not have to cover the driver unless it expressly says so (PUC 5434). That’s why the app status at the moment of the crash is often the first question in these claims.
Who can make a claim
- Passengers hurt in the rideshare car, whether the rideshare driver or another driver caused the crash.
- Other drivers, cyclists and pedestrians hit by a rideshare driver.
- Rideshare drivers hit by someone else.
Who is at fault, and which policy pays first, depends on the facts.
What to do after a rideshare crash
- Call 911 if anyone is hurt, and get medical care.
- Screenshot the trip in your app: driver name, vehicle, trip times and route.
- Get the rideshare driver’s name, license plate and insurance, plus the same from any other driver involved.
- Report the crash in the Uber or Lyft app, and keep a copy of what you submit.
- Photograph the scene, the vehicles and your injuries. Collect witness contacts.
- Talk to a lawyer before giving a recorded statement to any insurer.
Frequently asked questions
Does Uber or Lyft insurance cover passengers?
During a trip, California requires primary coverage of at least $1,000,000, plus $60,000/$300,000 uninsured/underinsured motorist coverage while the passenger is in the vehicle (PUC 5433).
What if the rideshare driver wasn’t on a trip?
If the app was on and the driver was waiting for a request, lower minimums apply ($50,000/$100,000/$30,000 plus $200,000 excess). If the app was off, the driver’s personal policy is usually the starting point.
How long do I have to file?
Generally two years for an injury lawsuit (CCP 335.1). Shorter deadlines apply if a government vehicle or road was involved. See How Long Do You Have to File a Personal Injury Claim in California?
Can I talk to a lawyer for free?
Yes. Injury Trial Lawyers offers a free consultation. Spanish interpreters are available on request.
Talk with Injury Trial Lawyers
Learn more on our San Diego Uber accident and rideshare accident pages, or call (619) 525-7007.
This article is general information, not legal advice. Reading it or contacting us does not create an attorney-client relationship. Every situation is different; talk with a lawyer about your specific facts.
Attorney Advertising. Injury Trial Lawyers, 2150 First Avenue, Suite 100, San Diego, CA 92101. (619) 525-7007. Attorney responsible for this content: Vikas Bajaj.