Uber or Lyft Accident in California — Who Pays and How Do You Claim?

As an Uber passenger if you are hit by a car, or you are walking across the street and suddenly a rideshare vehicle strikes you, the question arises: who is exactly responsible here? Who will get the compensation, and how much is it? These are all complicated questions because rideshare accident claims are different from standard car accident claims. Here, claims change depending on what the driver was doing at the exact moment of the crash.

Here we guide you step by step so after reading it you can know who is responsible for paying, how much coverage is available, and how to defend your claim.

The Three Phases of Rideshare Insurance in California

The most important thing in any Uber or Lyft accident is understanding the phase rules. Depending on which phase the driver was in, the available insurance coverage changes dramatically.

If the driver's rideshare app is inactive or off and they are driving their vehicle on their own, that case is treated like any other personal vehicle accident. Nothing from Uber or Lyft applies — it comes under the driver's personal auto insurance policy.

• $50,000 per person for bodily injury
• $100,000 per accident for bodily injury
• $25,000 for property damage

If the driver accepts a trip request and is on the way to pick up the passenger but has not arrived, Uber and Lyft's full commercial liability policy of $1,000,000 per occurrence applies.

If the driver picks up the passenger and the trip is in progress, the same $1,000,000 commercial liability policy as Phase 2 applies.

Uber's Commercial Insurance in California

Uber provides commercial insurance for accidents caused by its drivers in California.

Phase 2 & 3, during an active trip

• $1,000,000 for injuries and damages to passengers, other drivers, pedestrians, and cyclists
• If the other driver has no insurance or not enough insurance, Uber's policy covers you as a passenger
• If the Uber driver's car is damaged and the driver has collision coverage on their personal policy, Uber will cover it after a $2,500 deductible which the driver needs to pay first

Phase 1, while waiting for a ride request

• $50,000 per person bodily injury
• $100,000 per accident bodily injury
• $25,000 property damage

This coverage only applies if the driver's personal insurer denies the claim first.

Uber always says their drivers are not their employees, they are independent contractors. So you generally can't sue Uber directly — instead, you claim against Uber's insurance policy. You can sue Uber directly if you have evidence that Uber hired a bad driver or that the app had a major design defect.

Lyft's Insurance Coverage in California

Lyft's insurance policies are close to Uber's policies.

Phase 2 and 3, during an active trip

• $1,000,000 for third-party liability coverage
• Uninsured or underinsured motorist bodily injury coverage
• Contingent comprehensive and collision coverage, subject to a $2,500 deductible

While waiting for a ride request (Phase 1)

• $50,000 per person bodily injury
• $100,000 per accident bodily injury
• $25,000 property damage

Contingent on the driver's personal insurer denying coverage first.

Lyft has some cases of additional coverage for passengers injured during active trips. That coverage will be available to you depending on the date of your accident and the version of Lyft's insurance program in effect at that time.

Who Can File a Claim?

Not only Uber and Lyft passengers can file a claim — other drivers, passengers, pedestrians, or cyclists can file too. Multiple types of people can be injured by rideshare drivers and are eligible for compensation.

• Rideshare passengers: If you are in an active trip of Uber or Lyft, which falls under Phase 3, and face an accident, you are covered by the $1 million policy no matter who is at fault.
• Drivers and passengers of other vehicles: If you are hit by an Uber or Lyft driver, you can file a claim against the rideshare company's insurance.
• Pedestrians and cyclists: If you were on foot or on a bicycle and were struck by an Uber or Lyft vehicle, you can also claim.
• The Uber or Lyft driver themselves: During an active trip, if an Uber or Lyft driver is injured, they can claim against the other driver's insurance. Through Proposition 22's driver benefits program, there are some other protections too.
• Family members of fatally injured victims: If a loved one was killed in a rideshare accident, surviving family members can file a wrongful death claim against the at-fault parties, including the rideshare company's insurance.

How Fault Is Determined in California Rideshare Accidents

Finding who is at fault in a rideshare accident is different from a normal car accident. Let's talk about those differences.

The same evidence applies as in any car accident:

• Police report
• Traffic camera, dashcam, and surveillance footage
• Eyewitness statements
• Physical evidence, like skid marks, point of impact, and vehicle damage
• Cell phone records

Rideshare accidents generate unique digital evidence that can be critical to your claim:

• GPS logs, timestamps, speed data, and route from Uber or Lyft
• App activity records, like when the app was activated, when the trip was accepted, and when the trip ended
• The driver's driving record and background check results
• In-app communications between the driver and passenger

This data is sometimes deleted, so you need an attorney to formally request that it be preserved.

Unlike a normal two-car accident, a rideshare accident can involve many potential liable parties:

• The Uber or Lyft driver, for negligent driving
• Uber or Lyft, for negligent hiring, background checks, or platform design issues
• A third-party driver, if their vehicle caused or contributed to the crash
• The vehicle manufacturer, if a defect contributed to the accident
• The government, if a bad road was a contributing factor

Always remember: more liable parties means more available insurance coverage, and a higher potential recovery for you.

The Compensation You Can Claim

Medical expenses

• Emergency room treatment and ambulance fees
• Surgery, hospitalization, and intensive care
• Diagnostic imaging — X-rays, MRIs, CT scans
• Physical therapy and rehabilitation
• Chiropractic care and pain management
• Prescription medications
• Medical equipment and assistive devices
• Future medical expenses for ongoing or permanent injuries

Lost income

• Wages lost during recovery
• Sick days and PTO used because of the accident
• Loss of future earning capacity for permanent or long-term injuries
• Lost business income for self-employed individuals

Property damage

• Vehicle repair or replacement
• Rental car costs
• Personal property damaged in the crash

• Physical pain and suffering — past, present, and future
• Emotional distress and anxiety
• Post-traumatic stress disorder
• Loss of enjoyment of life
• Disfigurement or permanent scarring
• Loss of consortium

If the rideshare company or the driver was reckless or drunk, punitive damages may be available in those cases too, and can increase the total recovery.