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Uber & Lyft accident lawyer
Whether you were a passenger, another driver, or walking or cycling, a rideshare crash raises one question first: which insurance applies? In California the answer depends on what the driver's app was doing at the moment of the crash. Attorney Big Al represents people hurt in rideshare crashes throughout California.
Free consultation. No attorney fee unless we win. How fees and costs work
The short answer
If an Uber or Lyft driver had accepted a ride or was carrying a passenger, California requires $1,000,000 in primary liability coverage. If the app was on but no ride was accepted, the minimum drops to $50,000 per person and $100,000 per incident, plus $200,000 in excess coverage. If the app was off, the driver's own insurance applies. Passengers also have $60,000 per person in uninsured motorist coverage from the rideshare company.
What the app was doing decides the coverage
California Public Utilities Code section 5433, as summarized by the California Public Utilities Commission.
| Period | When | Minimum coverage |
|---|---|---|
| App off | The driver is not logged in to the app | The driver's personal auto policy (for policies issued or renewed since January 1, 2025, California's minimum is $30,000 for one person, $60,000 for two or more and $15,000 property damage) |
| Period 1 | App on, waiting for a ride request | $50,000 per person and $100,000 per incident for injury or death, $30,000 property damage, plus at least $200,000 excess coverage from the company |
| Period 2 | Ride accepted, driving to the pickup | $1,000,000 primary liability for injury, death and property damage |
| Period 3 | Passenger in the car until they get out | $1,000,000 primary liability, plus uninsured and underinsured motorist coverage of $60,000 per person and $300,000 per incident |
More parties than an ordinary crash
The rideshare driver
Distraction from navigation and app messages, fatigue from long hours, speeding to fit in more rides.
The rideshare company's insurance
Depending on the period, the company's policy may be the primary coverage, or sit above the driver's.
Another driver
When someone else caused the crash. If they have too little insurance, passengers have the company's uninsured motorist coverage.
What to do now
Get medical care
Even if your injuries seem minor. Some are not apparent at first.
Report the crash
To the police, and to the rideshare company through its app or customer service line.
Save the trip
Screenshots of the ride in the app, the driver's name and car, the time, and the route. They show which insurance period applied.
Collect evidence
Photos of the scene and the vehicles, and the names and numbers of witnesses.
Don't give statements to adjusters
Insurance adjusters may push for a quick settlement or a statement that hurts your claim. Talk to a lawyer first.
How long you have
| What | Deadline | Source |
|---|---|---|
| Lawsuit for an injury | Generally 2 years from the crash | Cal. Code of Civil Procedure § 335.1 |
| Claim against a city, county, state agency or other public entity (a government vehicle or a dangerous road) | 6 months, as a written claim, before any lawsuit | Cal. Government Code § 911.2 |
| Lawsuit for damage to your vehicle | Generally 3 years | Cal. Code of Civil Procedure § 338(c)(1) |
| Report to the DMV (form SR 1) if anyone was hurt or property damage to any one person was over $1,000 | 10 days | Cal. Vehicle Code § 16000 |
If you were partly at fault, California's pure comparative fault rule reduces your recovery by your share instead of barring it (Li v. Yellow Cab Co., 1975).
What a claim can cover
Medical expenses
Current and future medical bills, rehabilitation and therapy.
Lost wages
Income lost because of the injury, including future earning capacity.
Pain and suffering
Physical pain, emotional distress and reduced quality of life.
Property damage
Repair or replacement of your vehicle and other property.
Hurt in an Uber or Lyft? Call Big Al's office
Free consultation. No attorney fee unless we win. Attorney fees are on a contingency basis. Whether and how case costs are charged is set out in the fee agreement; ask us before you sign.
Questions people ask
Who pays if I was hurt in an Uber or Lyft crash in California?
It depends on what the rideshare driver's app was doing. From the moment a ride is accepted until the passenger leaves the car, California requires $1,000,000 in primary liability coverage. With the app on but no ride accepted, the minimum is $50,000 per person, $100,000 per incident and $30,000 for property damage, plus $200,000 in excess coverage. With the app off, the driver's personal insurance applies (Public Utilities Code section 5433).
I was a passenger. What if the other driver caused the crash and has little or no insurance?
While a passenger is in the vehicle, the rideshare company must provide uninsured and underinsured motorist coverage of $60,000 per person and $300,000 per incident (Public Utilities Code section 5433(b)(2)).
What if I was hit by an Uber or Lyft driver while I was in another car, walking or cycling?
The same periods apply: whether the driver was waiting for a request, on the way to a pickup or carrying a passenger decides which insurance is primary and how much is available.
Should I report the crash to Uber or Lyft?
Yes. Report it to the police, and to the rideshare company through its app or support line. Keep screenshots of the trip, the driver's name and the car.
How long do I have to file a claim?
Generally two years from the crash to file a lawsuit for an injury (Code of Civil Procedure section 335.1), and six months for a written claim if a public entity was involved (Government Code section 911.2).
What does it cost to hire the firm?
The consultation is free, and you pay no attorney fee unless your case is won. Attorney fees are on a contingency basis. Whether and how case costs are charged is set out in the fee agreement; ask us before you sign.
Sources for this page
The law on this page was checked against these sources on November 11, 2026. It is general information, not legal advice for your case.
- Cal. Public Utilities Code § 5433 (insurance for transportation network companies such as Uber and Lyft)
- California Public Utilities Commission, TNC insurance requirements
- Cal. Vehicle Code § 16056(a)(2), from SB 1107 (2022): for policies issued or renewed on or after January 1, 2025, minimum liability coverage of $30,000 for one person, $60,000 for two or more and $15,000 property damage
- Cal. Civil Code § 3333 (damages for a wrong not arising from contract: the amount that compensates for all the detriment it proximately caused)
- Cal. Code of Civil Procedure § 335.1 (two years for injury or death caused by another's wrongful act or neglect)
- Cal. Government Code § 911.2 (claim to a public entity for injury: six months after the cause of action accrues)
- Cal. Code of Civil Procedure § 338(c)(1) (three years for injury to goods or chattels, such as a vehicle)
- Cal. Vehicle Code § 16000 (report to the DMV within 10 days if anyone is hurt or killed, or property damage to any one person exceeds $1,000)
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 (pure comparative fault: damages are reduced by the injured person's share of fault, not barred)