Rideshare Accidents
Who Pays If You’re Hurt as an Uber or Lyft Passenger in California?
If you are injured as a passenger in an Uber or Lyft in California, the rideshare company’s commercial insurance policy is usually the main source of payment. California Public Utilities Code Section 5433 requires rideshare companies to carry at least $1 million in liability coverage from the moment a driver accepts a ride until the passenger leaves the vehicle. If another driver caused the crash, that driver’s insurer may also be responsible, and the rideshare policy’s uninsured or underinsured motorist coverage may apply if the other driver lacks enough insurance.
As a passenger, you are rarely at fault, so the main questions are usually which policy pays first and whether coverage is enough for your injuries.
Which Insurance Applies to a Rideshare Passenger?
| Who Caused the Crash | Likely Source of Payment |
|---|---|
| The rideshare driver | The rideshare company’s $1 million liability policy |
| Another driver with insurance | The other driver’s liability insurer, then the rideshare policy’s underinsured coverage if limits are too low |
| Another driver with no insurance or a hit and run | The rideshare policy’s uninsured motorist coverage, and possibly your own policy |
| Both drivers | Both insurers, divided by each driver’s share of fault |
California recently changed the amount of uninsured and underinsured motorist coverage that rideshare companies must carry. The $1 million liability requirement for at-fault rideshare drivers is separate. Because the applicable limits can depend on the date of your crash, it helps to have the policy reviewed early.
Can You Sue Uber or Lyft Directly?
Rideshare drivers are generally treated as independent contractors, which makes direct claims against the company more difficult. In most cases, the claim is made against the driver and paid through the company’s insurance. Separate claims against the company may be possible in specific circumstances, such as allegations about how the company screened a driver, so the facts of each case matter.
Rideshare claims often involve several insurers pointing at each other. A free case review can sort out who should pay.
Get a Free Case ReviewWhat to Do After a Rideshare Crash
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Screenshot Your Trip Details
Save the ride receipt, driver name, vehicle, route, and time stamps from the app before anything changes.
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Report the Crash in the App and to Police
Use the app’s safety or incident reporting feature, and request that police respond if anyone is hurt.
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Get Information From Every Driver
Collect insurance and contact details from the rideshare driver and any other driver involved.
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See a Doctor Promptly
Passengers often feel injuries hours later, especially back seat passengers thrown forward or sideways. Prompt care creates a clear record.
If the driver was not on an active trip when the crash happened, different coverage rules apply. See can you sue if the other driver has no insurance for how gaps in coverage are handled. A Walnut Creek Uber accident lawyer can identify every available policy. Most injury lawsuits must be filed within two years under Code of Civil Procedure Section 335.1.
Frequently Asked Questions
Does it matter whether I was in an Uber or a Lyft?
Not much. Both companies are subject to the same California insurance requirements for active trips.
Can I claim compensation if I was not wearing a seat belt?
Usually yes, though an insurer may argue it made some injuries worse, which can reduce part of the recovery.
Will my own auto insurance be involved?
It can be, such as through medical payments coverage or your own uninsured motorist coverage, depending on your policy.
Who pays if I was hurt getting out of the car?
Coverage generally continues until the passenger leaves the vehicle, so injuries while exiting may still be covered.
Injured in an Uber or Lyft?
Every case at The Herman Firm gets direct attorney attention from the first call. Consultations are free, and you pay nothing unless we win.
Call 925-532-1977 Request a Free Case Review