Rideshare Accidents
Hit by an Uber or Lyft Driver in California: Who Pays?
If an Uber or Lyft driver hits you in California, who pays depends on what the driver was doing in the app at the moment of the crash. If the app was off, the driver’s personal auto insurance is responsible. If the app was on but the driver had not accepted a ride, the rideshare company’s contingent coverage applies, with lower limits. If the driver had accepted a ride or had a passenger on board, the company’s $1 million liability policy generally applies. Your own insurance may also help if coverage falls short.
This article focuses on people outside the rideshare vehicle: other drivers, motorcyclists, cyclists, and pedestrians. If you were a passenger in the Uber or Lyft, see who pays for an Uber or Lyft passenger injury in California.
Why the Driver’s App Status Decides So Much
California’s Public Utilities Code requires transportation network companies to carry insurance that changes with the driver’s status. For someone hit by a rideshare driver, the difference between periods can mean the difference between $50,000 and $1 million in available coverage.
| What the Driver Was Doing | Coverage Available to You |
|---|---|
| App off, driving personally | The driver’s personal auto policy, like any other driver |
| App on, waiting for a request | Rideshare company coverage of at least $50,000 per person and $100,000 per accident for injuries, $30,000 for property damage, plus $200,000 in excess coverage |
| Heading to pick up a rider | At least $1 million in liability coverage |
| Carrying a passenger | At least $1 million in liability coverage |
Many personal auto policies exclude coverage while a driver is logged into a rideshare app. If the driver lacks a rideshare endorsement, the personal insurer may deny the claim and point to the rideshare company, which may in turn argue the driver was offline. Pinning down the app status early helps prevent your claim from falling between the two.
How App Status Is Proven
Rideshare drivers do not always volunteer that they were working, and some may claim they were offline to protect their account. The most reliable proof comes from the companies’ own trip and log-in data, which can be requested during a claim or obtained through the legal process in a lawsuit. Evidence you gather at the scene can also help.
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Ask the Driver Directly
Ask whether they were driving for Uber or Lyft and whether they had a passenger or were heading to a pickup. Write down what they say.
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Look for the Emblem
California requires rideshare vehicles to display the company’s emblem while the driver is working. Photograph it if you see it, usually on the windshield.
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Photograph the Phone Mount
A phone mounted on the dashboard showing a rideshare app can be useful evidence.
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Talk to Any Passenger
A passenger in the rideshare vehicle is both a witness to the crash and proof the driver was on a trip.
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Get the Police Report
Officers often note whether a driver was working for a rideshare company.
Rideshare companies and their insurers often dispute coverage. A free case review can help you identify every available policy.
Get a Free Case ReviewIf You Were Driving or Riding a Motorcycle
Drivers and motorcyclists hit by a rideshare vehicle can pursue the applicable rideshare or personal policy for medical bills, lost wages, vehicle damage, and pain and suffering. Your own collision coverage can pay for repairs while fault is sorted out, and your insurer may then seek reimbursement from the at-fault driver’s insurer. If available coverage is not enough for serious injuries, your own underinsured motorist coverage may fill part of the gap.
If You Were a Pedestrian or Cyclist
Rideshare vehicles make frequent stops, quick pickups, and sudden turns, which creates particular risks for people on foot and on bikes. Common situations include drivers pulling into bike lanes to stop, passengers opening doors into cyclists, and drivers watching the app instead of the crosswalk. Pedestrians and cyclists can generally make claims against the same coverage as other drivers, and their own auto policies, or a household member’s policy, may provide uninsured or underinsured motorist coverage even though they were not in a car.
Can You Sue Uber or Lyft Directly?
Usually the claim proceeds through the rideshare company’s insurance rather than against the company itself. Under Proposition 22, app-based drivers in California are generally classified as independent contractors, which the companies use to argue they are not responsible for drivers’ negligence. Whether a direct claim against the company is possible depends on the specific facts, such as evidence of company negligence. In practice, the $1 million policy is often the main source of recovery when the driver was on a trip.
Comparative Fault Still Applies
California follows pure comparative fault. If the insurer argues you were partly responsible, for example by speeding or crossing against a signal, your compensation is reduced by your share of fault, not eliminated. Rideshare insurers can be aggressive about raising these arguments, so objective evidence such as photos, video, and witness statements matters.
Rideshare Crashes in Contra Costa County
In Contra Costa County, rideshare traffic concentrates around downtown Walnut Creek, the Walnut Creek, Pleasant Hill, Lafayette, and Concord BART stations, and busy retail areas where drivers stop curbside. Contra Costa County Uber accident lawyers and Lyft accident lawyers can request app data quickly, identify every available policy, and handle communications with the rideshare company’s claims team, which is often based outside California.
Deadlines That Apply
Most California injury lawsuits must be filed within two years under Code of Civil Procedure Section 335.1. If a government vehicle or dangerous road condition also played a role, a claim generally must be filed within six months under Government Code Section 911.2. App data is easier to secure when requested early. Learn more on our Walnut Creek rideshare accident lawyer page.
Frequently Asked Questions
What if the Uber or Lyft driver says they were not working?
App data from the rideshare company can confirm the driver’s status. Evidence such as an emblem, phone mount, or passenger at the scene can also help.
Does the $1 million policy cover me if I was in the other car?
Generally yes, if the rideshare driver caused the crash after accepting a ride or while carrying a passenger.
What if the driver was logged in but waiting for a ride?
The rideshare company’s contingent coverage applies, with lower limits of $50,000 per person and $100,000 per accident for injuries, plus excess coverage.
Can a cyclist or pedestrian make a claim against rideshare insurance?
Yes. People outside the vehicle can generally claim against the same coverage that applies to other drivers.
Hit by a Rideshare Driver?
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