Legal Guides · Updated October 2026
Who pays when you are hurt in an Uber or Lyft accident in California? It depends on what the driver was doing when the crash happened. And as of 2026, uninsured motorist coverage for rideshare passengers is much lower than it used to be.
On this page: Coverage periods · 2026 change · Who can claim · What to do · Deadlines · FAQ
Coverage Depends on What the Driver Was Doing
Rideshare insurance in California turns on the driver’s app status at the moment of the crash:
| Driver’s status | Main coverage |
|---|---|
| App off | The driver’s personal auto insurance, like any other driver |
| App on, waiting for a ride request | Contingent liability coverage from the rideshare company, with lower limits |
| En route to a pickup, or carrying a passenger | The rideshare company’s commercial policy, with at least $1 million in third-party liability coverage |
Proving the app status at the moment of the crash usually requires records from the rideshare company. Screenshots of the trip in your own app help.
The 2026 Change: Lower Uninsured Motorist Coverage
A new California law, SB 371, took effect January 1, 2026. It reduced the uninsured and underinsured motorist (UM/UIM) coverage that rideshare companies must carry from $1 million to $60,000 per person and $300,000 per accident.
That matters most to passengers hurt by an uninsured, underinsured or hit-and-run driver. Before 2026, a rideshare passenger in that situation could look to $1 million in coverage. Now the rideshare policy may cover far less, and a serious injury can exceed those limits. Your own auto policy’s UM/UIM coverage may help fill the gap, even if you were a passenger in someone else’s car, so check your policy and consider your limits. The $1 million liability coverage for crashes caused by the rideshare driver remains in place.
Who Can Make a Claim
- Passengers injured in a rideshare vehicle, whether the rideshare driver or another driver caused the crash
- Other drivers and their passengers hit by a rideshare driver
- Pedestrians, cyclists and scooter riders struck by a rideshare vehicle
- Rideshare drivers injured by another driver’s negligence
Rideshare drivers are generally treated as independent contractors in California, which limits claims against the company itself. The required insurance is usually the main source of recovery, along with the at-fault driver’s policy.
What to Do After a Rideshare Crash
- Call 911 if anyone is hurt, and get a police report.
- Take screenshots of the trip in your app, including the driver, vehicle and time.
- Report the crash through the Uber or Lyft app.
- Photograph the vehicles, the scene and your injuries, and get witness information.
- Get medical care, even if you feel fine at first.
- Be careful with insurance adjusters, who may represent the rideshare company’s insurer. See Dealing With the Insurance Adjuster.
Deadlines
Most rideshare injury claims must be filed within two years. If a government vehicle or dangerous road is involved, a government claim is generally due within six months. Learn more on our Uber and Lyft accidents page and in What to Do After a Car Accident in California.
Frequently Asked Questions
How much insurance does Uber or Lyft have in California?
When a driver is en route to a pickup or carrying a passenger, the rideshare company’s policy provides at least $1 million in third-party liability coverage. Lower contingent limits apply when the app is on but no ride has been accepted.
What changed in rideshare insurance in 2026?
Under SB 371, effective January 1, 2026, required uninsured and underinsured motorist coverage for rideshare companies dropped from $1 million to $60,000 per person and $300,000 per accident.
I was a passenger hit by an uninsured driver. What coverage applies?
The rideshare company’s uninsured motorist coverage applies, now at lower limits, and your own auto policy’s uninsured motorist coverage may provide additional protection.
Can I sue Uber or Lyft directly?
Usually the claim is paid through the required rideshare insurance rather than a direct claim against the company, because drivers are generally independent contractors. Each case should be evaluated on its facts.
About the Attorneys
Smith Trial Group represents injured people and employees throughout Southern California from its Newport Beach office. Founding attorney Cardon Smith clerked for a United States District Judge and litigated for Fortune 500 companies before founding the firm in 2015. Meet our attorneys or see our case results.
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This guide provides general information about California law as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Every situation depends on its facts, so speak with a lawyer about yours.
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