Los Angeles Rideshare Accident Lawyer
Who pays after an Uber or Lyft crash?
If you were hurt in an Uber or Lyft crash in California, which insurance pays depends on what the driver’s app was doing at that moment, and once a driver accepts a ride, California requires $1,000,000 in coverage for a crash that driver causes. I’m Joshua Adelpour, and the first thing I do in a rideshare case is pin down that app status, because it decides whose policy pays your medical bills, lost pay, and pain.
My advice for the first day is to get medical care, then screenshot the trip in the app. I handle Uber and Lyft injury cases from my Los Angeles office in Warner Center, for people anywhere in California. Below, I explain the three app periods, what changes if you were a passenger or were hit by a rideshare driver, what to save, and how long you have, with the California law behind each one.
Which insurance pays depends on what the app was doing
Was the app off, waiting, or on a trip?
California’s rideshare insurance law (Public Utilities Code section 5433) sets three levels of coverage, based on the driver’s app status at the moment of the crash. These are the amounts the law requires as of January 1, 2026.
App off. The driver is not working for Uber or Lyft, so the rideshare insurance does not apply. Only the driver’s own auto policy applies. For policies issued or renewed since January 1, 2025, the California minimum is $30,000 per person, $60,000 per accident, and $15,000 for property damage (Vehicle Code section 16056).
App on, waiting for a ride. The rideshare insurance must cover at least $50,000 per person and $100,000 per accident for injuries, plus $30,000 for property damage. The company must also carry at least $200,000 in excess coverage for claims above those amounts (section 5433(c)). The same rules apply after a drop-off, until the driver accepts another ride or logs off.
Ride accepted, until the ride ends. From the moment the driver accepts a ride, including the drive to pick you up, until the ride is complete, the rideshare insurance must be $1,000,000 for injuries and property damage (section 5433(b)).
In both app-on periods, the rideshare insurance is primary, which means it pays first. It does not have to wait for the driver’s personal insurer to deny the claim, and if a driver’s own rideshare policy has lapsed, Uber or Lyft must provide the coverage from the first dollar (section 5433(d) and (e)).
The record of when the driver logged on and off is kept by the company, not in the police report. California law requires the company or its insurer to share those times with the other insurers working out whose coverage applies (section 5435). In your claim, I ask for that record early.
Hurt as a passenger in an Uber or Lyft?
If you were riding in the car, the crash happened during your ride, so the ride-accepted coverage applies. What that means for you depends on who caused the crash.
- Your rideshare driver caused it. Your claim is against the driver, and the rideshare insurance of $1,000,000 applies (Public Utilities Code section 5433(b)(1)).
- Another driver caused it. Your claim is against that driver and their insurance. If that driver had no insurance, or not enough, Uber or Lyft must also provide uninsured and underinsured motorist coverage of $60,000 per person and $300,000 per incident. This coverage applies from the moment a passenger gets in the car until the passenger gets out, and it pays before any other uninsured motorist coverage, including your own (section 5433(b)(2)).
- Both drivers share the blame. Both drivers’ insurance can be part of your claim.
Here is how underinsured coverage works, in round numbers. Say the other driver has a $30,000 policy and your medical bills are $90,000. Underinsured coverage starts only after the other driver’s insurer pays its full limit, and it is reduced by what that insurer paid (Insurance Code section 11580.2(p)). So the rideshare company’s $60,000 coverage could add up to $30,000 more. Your own auto policy may add something if its limit is higher, but that depends on its exact wording, so I read it before we count on it.
If the other driver drove off. A hit-and-run driver who cannot be found counts as uninsured only if that car touched you or the car you were in, and the crash was reported within 24 hours to the police (or, outside city limits, the sheriff or the California Highway Patrol), with a sworn statement to the insurer within 30 days (Insurance Code section 11580.2(b)). If you can, call the police from the scene.
What changed for passengers on January 1, 2026?
Before 2026, California required $1,000,000 in uninsured and underinsured motorist coverage during a ride. Senate Bill 371 lowered that to $60,000 per person and $300,000 per incident starting January 1, 2026, and made the rideshare company alone responsible for providing it. The $1,000,000 coverage for crashes the rideshare driver causes did not change. If your crash happened before 2026, the old $1,000,000 rule may apply to your claim.
If another driver caused your crash, my guide to not-at-fault car accidents in California explains how fault is shared and which policy pays.
Hit by an Uber or Lyft driver?
You do not have to be in the rideshare to claim against its insurance. If an Uber or Lyft driver hit you while you were walking, on a bike or scooter, or in your own car, your claim is against that driver, and the app status decides which policy pays: the driver’s own policy if the app was off; at least $50,000 per person and $100,000 per accident, plus the $200,000 excess layer, if the app was on and waiting; or $1,000,000 once a ride was accepted.
Walking or on a bike. If the driver had no insurance or not enough, your own auto policy’s uninsured motorist coverage may help even though you were not in a car. California’s law on this coverage protects the policyholder, their spouse, and relatives who live in the same home, not only while they are in a car (Insurance Code section 11580.2(b)).
Hit by a door. A drop-off can swing a car door into a bike lane. No one may open a car door on the side where traffic is moving unless it is reasonably safe (Vehicle Code section 22517). The passenger who opened it, and sometimes the driver who stopped there, may be responsible.
In another car. Get the rideshare driver’s name, license plate, and insurance, and photograph any Uber or Lyft sign on the car. If anyone was hurt, or damage is over $1,000, each driver must report the crash to the DMV within 10 days (Vehicle Code section 16000).
How long do I have?
Two years in most cases, but some steps come sooner
Two years for an injury lawsuit. In California, the usual deadline to file a lawsuit for an injury someone else caused is two years from the date of the injury (Code of Civil Procedure section 335.1).
Three years for property damage. A lawsuit for damage to your car, bike, or other property has three years (Code of Civil Procedure section 338(c)(1)).
Two years for an uninsured motorist claim. If you claim under uninsured or underinsured motorist coverage, including the rideshare company’s, then within two years of the crash you must sue the at-fault driver, reach an agreement with the insurer on the amount, or formally start arbitration by certified mail (Insurance Code section 11580.2(i)). My guide to uninsured motorist claims explains how that works.
Steps that come sooner. A hit-and-run must be reported within 24 hours, as explained above. If your claim is against a city, a county, or the state, for example because one of its vehicles caused the crash, a written claim is generally due within six months (Government Code section 911.2).
Do not wait until a deadline is close. Witnesses are easier to reach in the first weeks.
What to save after an Uber or Lyft crash
App screenshots
Trip receipt
Driver name and plate
In-app report
How I handle your case
The consultation is free. I listen to what happened, look at what the app was likely doing at the time of the crash and which insurance may apply, and tell you plainly whether I think you have a claim.
If you hire me, I deal with the insurance companies, so the calls and paperwork come to me instead of you. My staff speak Spanish. I spent nearly a decade helping insurance companies. Now I work only for people who got hurt.
No fee or costs unless we win.
Call (213) 800-0706 or send me a message. My office responds the same business day.
Frequently Asked Questions
Does Uber's insurance cover me as a passenger?
Yes. If you were a passenger, the driver was on an active trip, which triggers the company's commercial policy of at least $1,000,000 in third party liability. In California, Public Utilities Code section 5433(b) also requires uninsured and underinsured motorist coverage of $60,000 per person and $300,000 per incident during a ride.
What if the Uber driver was logged in but had not accepted a ride yet?
A contingent policy applies. California requires at least $50,000 per person, $100,000 per incident, $30,000 in property damage, and at least $200,000 in excess coverage per occurrence under Public Utilities Code section 5433(c). This is more than the figures published on the companies' national driver pages.
The other driver only had minimum limits. Is that all I can recover?
Not necessarily. California minimum liability limits are $30,000 per person under Vehicle Code section 16056, which is often far less than a serious injury costs. If you were in a rideshare on an active trip, the company's underinsured motorist coverage may provide a second layer of recovery.