UBER & LYFT

LOS ANGELES UBER & LYFT ACCIDENT
LAWYERS

Rideshare cases turn on one question almost nobody thinks to ask at the scene: what was the app doing at the moment of impact? The answer determines whether there's $1 million of coverage available or essentially none.

THE SHORT VERSION

  • Coverage depends entirely on the app's status โ€” off, on and waiting, or on a trip.
  • With a passenger aboard or en route to pickup, $1 million in liability coverage typically applies.
  • Passengers are almost never at fault, which makes these among the cleanest liability cases.
  • Rideshare terms of service often contain arbitration clauses that affect how a claim proceeds.

What we handle

  • Passengers injured in an Uber or Lyft
  • Drivers of other vehicles struck by a rideshare driver
  • Pedestrians and cyclists hit by rideshare vehicles
  • Rideshare drivers injured by other motorists
  • Crashes during food delivery driving
  • Assaults and incidents occurring during a ride

The three coverage periods

California established a tiered structure that governs nearly every rideshare claim. Which tier applies is the central fact in the case.

That last tier is why rideshare cases can be worth substantially more than an ordinary two-car collision. A serious injury caused by a driver with minimum limits is capped by that policy. The same injury caused during an active trip may have a million dollars behind it.

This is why the app data matters. Screenshot your trip receipt, your ride history, and any in-app messages immediately. If you were a passenger, the trip record establishes the tier. If you were in another vehicle, it may need to be obtained through the claim or in litigation.

App off

The driver is using the car personally. Only their personal auto policy applies, with its ordinary limits.

App on, waiting for a request

The driver is logged in but hasn't accepted a ride. Contingent liability coverage applies at lower limits โ€” commonly in the range of $50,000 per person, $100,000 per accident, and $30,000 property damage. This is the gap tier, and it's where cases get complicated, because the personal policy typically excludes commercial use and the rideshare policy is only contingent.

Ride accepted, or passenger aboard

From the moment a driver accepts a request through the end of the trip, $1 million in third-party liability coverage typically applies, along with $1 million in uninsured and underinsured motorist coverage.

If you were a passenger

You're in the strongest position of anyone in these cases. Passengers are essentially never comparatively at fault, so the fight over who caused the crash doesn't reduce your recovery.

The one complication is that it may be unclear whether your driver or another driver was at fault. Practically, that often means pursuing both, and the $1 million rideshare policy plus its uninsured motorist coverage is designed to respond either way. Don't let uncertainty about fault stop you from pursuing a claim.

If you were hit by a rideshare driver

Your claim depends on the tier, which means establishing app status is the first order of business โ€” and the rideshare company controls that data.

You may also face a coverage dispute between the driver's personal insurer, which typically excludes commercial use, and the rideshare insurer, which may dispute the tier. These disputes are common and resolvable, but they slow things down.

The independent contractor question

Uber and Lyft classify drivers as independent contractors rather than employees. California voters approved Proposition 22 in 2020, which preserved that classification for app-based drivers, and the California Supreme Court upheld it in 2024.

The practical effect for injury claims is that the usual route of holding an employer responsible for its employee's conduct is generally unavailable. That's why the mandated commercial insurance tiers matter so much โ€” they're the mechanism, rather than employer liability.

This remains an evolving area. If your case involves questions beyond the insurance tiers โ€” negligent driver screening, for instance โ€” those are worth examining separately.

Arbitration clauses

Rideshare terms of service, which every user accepts when creating an account, typically contain arbitration provisions. Whether and how those apply to a personal injury claim depends on the specific language, the nature of the claim, and current law, which has been actively litigated.

This is a real issue that deserves attention early rather than after a claim is filed. It is not necessarily a barrier, and it varies by claim type.

What to do after a rideshare crash

  • Report the accident in the app โ€” both Uber and Lyft have in-app reporting.
  • Screenshot the trip record, driver information, and receipt before anything can change.
  • Get a police report.
  • Photograph the scene, vehicles, and your injuries.
  • Get witness contact information.
  • Get medical attention promptly.
  • Don't give a recorded statement to any insurer before speaking with a lawyer.

COMMON QUESTIONS

With a passenger aboard, the rideshare company's $1 million liability policy typically applies. If another driver caused the crash and is underinsured, the $1 million uninsured motorist coverage may respond.

WHAT WE GO AFTER

  • Emergency medical care, surgery, and hospitalization
  • Future medical treatment, therapy, and rehabilitation
  • Lost wages and diminished earning capacity
  • Pain, suffering, and emotional distress
  • Out-of-pocket costs and household help
  • Loss of enjoyment of life and disability
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Reviewed by Lior Katz, California State Bar No. 284559