Uber and Lyft Accidents

Rideshare accidents raise questions ordinary car accidents do not. Which insurance applies? Was the driver logged into the app? An Uber and Lyft accident lawyer can answer those questions, and the answers determine how much is available to compensate you.

Smith Trial Group represents passengers, drivers, pedestrians, and other motorists injured in Uber and Lyft accidents throughout Orange County and Southern California. Consultations are free, and we work on contingency.

On this page: How rideshare insurance works · Passenger claims · Who can make a claim · What to do · FAQ

How Rideshare Insurance Works in California

California law requires rideshare companies to maintain insurance, but how much coverage applies depends on what the driver was doing at the moment of the crash:

• App off: only the driver’s personal auto policy applies.
• App on, waiting for a ride request: the rideshare company’s contingent coverage applies, with lower limits.
• En route to a pickup or carrying a passenger: the rideshare company’s commercial policy applies, with at least $1 million in third-party liability coverage.

2026 update: under SB 371, effective January 1, 2026, the uninsured and underinsured motorist coverage rideshare companies must carry dropped from $1 million to $60,000 per person and $300,000 per accident. Passengers hurt by an uninsured or hit-and-run driver may have far less rideshare coverage than before, and their own auto policy may help fill the gap. See our guide, Uber and Lyft Accident Insurance in California.

Pinning down the driver’s app status requires records from the rideshare company, which is one reason these claims benefit from a lawyer early on.

Who an Uber and Lyft Accident Lawyer Can Help

• Passengers injured in an Uber or Lyft, whether the rideshare driver or another driver was at fault
• Other drivers and passengers hit by a rideshare vehicle
• Pedestrians and cyclists struck by a rideshare driver
• Rideshare drivers injured by another motorist

Rideshare companies’ terms of service sometimes contain arbitration provisions. Whether they apply depends on who you are and the facts of the crash.

Injured as an Uber or Lyft Passenger

Passengers are rarely at fault in a rideshare crash, which makes passenger claims among the clearer rideshare cases. The key questions are who caused the crash and which policies apply:

• If the rideshare driver caused the crash, the rideshare company’s commercial policy, with at least $1 million in third-party liability coverage, generally applies while you are on the trip.
• If another driver caused the crash, your claim is first against that driver’s insurance. If that driver had little or no insurance, or fled the scene, the rideshare company’s uninsured and underinsured coverage applies, but at the lower SB 371 limits, so your own auto policy may matter.
• If both drivers share fault, you can pursue both.
• If the driver was driving for work, for example a delivery or company vehicle hit your rideshare, that driver’s employer may also be responsible. See company vehicle accidents and delivery truck accidents.

Save your trip receipt and screenshots, and report the crash in the app. The rideshare company’s records of the driver’s app status, route and speed are important evidence. Rideshare terms of service may include arbitration provisions for riders, which is another reason to get advice before you respond to the company or its insurer.

What to Do After a Rideshare Accident

1. Get medical care, even if you feel okay.
2. Screenshot your trip details in the app, including the driver, vehicle, route, and time.
3. Photograph the vehicles, the scene, and your injuries, and get witness contact information.
4. Report the accident to the police and through the app.
5. Do not give a recorded statement to any insurer before speaking with a lawyer.

Deadlines

California generally gives injured people two years to file a personal injury lawsuit. But if a government agency is involved, for example a city vehicle, a public bus, or a dangerous public road, a formal claim must usually be filed within six months. Evidence disappears fast, so call as soon as you can.

Helpful resources: California Public Utilities Commission · California DMV insurance requirements

Frequently Asked Questions

Can I sue Uber or Lyft directly?

Rideshare drivers are generally treated as independent contractors for liability purposes, so claims usually proceed through the company’s insurance policy rather than a direct claim against the company. There are exceptions, which we evaluate case by case.

I was a passenger. Does it matter whose fault it was?

As a passenger, you were almost certainly not at fault. The question is which driver and which insurance policy are responsible, and often more than one is.

Related guides: Uber and Lyft accident insurance · What to do after a car accident