Uber and Lyft Accident Claims in California: Who Pays?


Who pays after an Uber or Lyft crash in California? It depends on whether the driver’s app was off, on with no ride accepted, or on with a trip accepted. The stage-based liability minimums under Public Utilities Code 5433, and how to prove app status, are explained on our California rideshare insurance rules page. The usual deadline to file an injury lawsuit is two years (Code of Civil Procedure 335.1).

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.

Rideshare coverage rules that change how a claim is handled

California also sets rules on whether a personal-policy denial is needed first, what happens if a driver’s required rideshare policy has lapsed, and how uninsured motorist coverage interacts with a rideshare claim. Those rules, with the statute cites, are on our rideshare accident insurance guide.

Steps that protect a rideshare claim

  1. Get medical care first; tell the treating provider you were in a rideshare vehicle so the records show it.
  2. Before the trip disappears from view, screenshot the in-app receipt: driver name, vehicle, pickup and drop-off times, and the route map.
  3. If you were the other driver, ask the rideshare driver whether the app was on and whether a ride had been accepted. That answer decides which insurance coverage applies.
  4. Submit the crash report through the Uber or Lyft app and save a copy, plus any claim number the company sends back.
  5. Keep the general reporting steps in mind as well; our California duties after a crash page lists the DMV report and information-exchange rules.
  6. Expect calls from a rideshare company’s insurer as well as the other driver’s. Ask which policy each adjuster represents before answering questions.

Frequently asked questions

Does Uber or Lyft insurance cover passengers? During a trip, California requires primary TNC coverage under Public Utilities Code 5433. For the dollar limits and uninsured-motorist rules, see our California rideshare insurance rules.

What if the rideshare driver wasn’t on a trip? Which policy responds depends on whether the app was on waiting for a request or off. The stage-based amounts are on our rideshare accident insurance guide.

Does the rideshare deadline differ from other crashes? No special rideshare deadline exists. The ordinary two-year lawsuit period in Code of Civil Procedure 335.1 usually applies.

It becomes six months for a written claim if a city bus, county vehicle or public road was involved.

Our California injury claim deadlines page walks through both.

Is there a charge to have Injury Trial Lawyers review an Uber or Lyft claim? No. The first consultation costs nothing, and 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.