Practice Area
Los Angeles Uber, Lyft
& Delivery Accident Lawyer
Whether you were a passenger, the other driver, a pedestrian, or the rideshare driver yourself, one question decides most of a rideshare case: what was the app doing at the moment of impact? The answer determines which insurance policy applies and whether the limit is $30,000 or $1,000,000. Here is how it works in California.
The short answer
California law requires Uber and Lyft to carry $1,000,000 in liability coverage from the moment a driver accepts a ride until the passenger gets out, plus $1,000,000 in uninsured and underinsured motorist coverage during that window. When the driver is logged in but waiting for a request, lower limits apply (generally $50,000 per person). When the app is off, only the driver's personal policy applies, and many personal policies exclude commercial driving entirely. The trip record that proves the app's status belongs to the company, and it should be demanded in writing early.
Which policy applies: the three periods
California regulates Uber, Lyft, and similar companies as transportation network companies and sets minimum insurance for each phase of a driver's shift. The phases matter more than anything else in the case.
- App off
- The driver is a private driver. Only their personal auto policy applies. Many personal policies exclude any rideshare activity, which can create disputes even here.
- App on, waiting for a request
- The company must provide primary coverage of at least $50,000 per person and $100,000 per collision for injuries, plus $30,000 for property damage. Far lower than the on-trip policy, and the timing of the crash relative to the ride request becomes the whole case.
- Ride accepted through drop-off
- The company must provide $1,000,000 in liability coverage, and $1,000,000 in uninsured and underinsured motorist coverage for the driver and passengers.
The practical consequence: a collision that occurred thirty seconds after a driver accepted a ride may have $1,000,000 in coverage behind it, and the same collision thirty seconds before may have $50,000. The companies know this, and their insurers will look hard at the timing.
Passenger, other driver, pedestrian, or rideshare driver
You were a passenger
This is usually the strongest position. You were not driving, so fault is rarely argued against you. If your driver caused the crash, the $1,000,000 policy applies. If another driver caused it, that driver's policy applies first and the rideshare company's $1,000,000 UM/UIM coverage sits behind it if the other driver had no insurance or too little.
You were in another car, or on foot or a bike
Your claim is against the rideshare driver, and the policy that responds depends on the period. Establishing that the driver was on a trip, rather than logged off, is the difference between a minimum-limits claim and a seven-figure policy. Your own UM/UIM coverage may also apply.
You were the rideshare driver
If another driver hit you while you were on a trip, the company's $1,000,000 UM/UIM coverage may apply if the other driver was uninsured or underinsured. Between rides and off the app, you are relying on your own policy. Whether you also have a workers' compensation-style claim depends on the platform's occupational accident coverage, which changes and is worth checking.
Delivery apps
DoorDash, Uber Eats, Instacart, Amazon Flex, and similar platforms are not regulated the same way as Uber and Lyft passenger service, and their coverage differs by platform and changes over time. Most provide some liability coverage for third parties while a driver is on an active delivery, often as excess above the driver's personal policy, and some provide occupational accident coverage for the driver. If you were hit by a delivery driver, the platform, the status of the delivery at the time, and the driver's personal policy all need to be identified. If the driver was employed rather than contracted, for example by a restaurant or a retailer's own fleet, the employer's commercial policy may apply instead.
The trip record and other evidence
The company's own data shows exactly when the driver logged in, accepted a request, picked up, and dropped off, along with GPS and speed. That record settles the period question, and the company controls it. I send a written preservation demand to the platform and its insurer early in every rideshare case so that data is kept.
- Your own app. If you were the passenger, screenshot the trip in your ride history immediately, including the driver's name, vehicle, route, and times.
- The police report, which should note that the driver was working for a rideshare company. If it does not, that gets corrected.
- Dash camera footage, which many rideshare drivers run, and which is overwritten.
- The driver's personal policy, and whether it has a rideshare endorsement or exclusion.
Who is liable
Under California law, rideshare drivers are generally independent contractors rather than employees, which limits the company's direct responsibility for the driver's negligence. That is why the insurance framework above exists: the coverage is required by statute regardless of the employment label. Fault is decided under pure comparative negligence, by percentage, between the drivers involved. In some cases the company itself may be responsible for its own conduct, such as continuing to allow a driver with a known dangerous record on the platform.
What a claim may include
- Medical
- Emergency care, imaging, treatment, and future care.
- Lost income
- Wages missed and reduced earning capacity. For rideshare drivers, lost platform earnings documented from your own account history.
- Pain and suffering
- Physical pain and the loss of activities and independence.
- Property
- Your vehicle, bicycle, or personal items.
With a $1,000,000 policy available, the ceiling on a rideshare case is often high enough that the injury, not the coverage, sets the value. That makes complete medical documentation even more important than usual.
Deadlines
- Injury claims
- Two years from the date of the collision.
- Property damage
- Three years.
- Government vehicle or road
- Six months to file a written government claim.
- UM/UIM claims
- Governed by the policy's own notice terms, including the rideshare company's policy.
- Platform data
- No fixed retention rule you can rely on. Preservation demands should go out within days.
How I handle a rideshare case
Preservation demand to the platform and its insurer first, then the period question, then every policy that might respond: the platform's, the driver's, the other driver's, and your own household's UM coverage. Rideshare insurers are large, organized, and used to paying claims slowly. The file has to be complete enough that delay costs them more than paying.
- You deal with me directly. I keep the caseload small enough to personally handle every file.
- I build the file for trial even though most cases settle. When a case needs a courtroom, it gets one.
- No attorney fee unless there is a recovery. The fee and case costs are written down before any work begins.
Rideshare accident questions
I was a passenger in an Uber or Lyft that crashed. Who pays?
If your driver caused the crash, the rideshare company's $1,000,000 liability policy applies. If another driver caused it, that driver's policy applies first, and the rideshare company's $1,000,000 uninsured and underinsured motorist coverage sits behind it if the other driver had no insurance or not enough. Passengers are rarely blamed, so these are often strong claims.
An Uber or Lyft driver hit my car. Does the $1,000,000 policy apply to me?
It depends on what the app was doing. If the driver had accepted a ride or had a passenger, the $1,000,000 policy applies. If the driver was logged in and waiting, lower limits apply. If the app was off, only the driver's personal policy applies. The company's trip data settles the question, and it should be demanded in writing early.
Can I sue Uber or Lyft directly?
Usually the claim is made against the company's insurance policy rather than the company itself, because drivers are generally treated as independent contractors under California law. The company can be directly responsible in some situations, such as keeping a driver with a known dangerous record on the platform.
I drive for a rideshare company and was hit while on a trip. What are my options?
If the other driver was at fault, their policy applies, and the rideshare company's $1,000,000 uninsured and underinsured motorist coverage may apply if that driver had no insurance or too little. Some platforms also provide occupational accident coverage for injured drivers. Your own personal policy may or may not cover rideshare driving, so all of these need to be checked.
What about DoorDash or other delivery drivers?
Delivery platforms are not regulated the same way as Uber and Lyft passenger service. Most provide some coverage for third parties while a driver is on an active delivery, often as excess above the driver's own policy, but the terms differ by platform and change. The platform, the delivery status, and the driver's personal policy all need to be identified.
What should I do right after a rideshare crash?
Get medical care, make sure police are called and the report notes the driver was working for a rideshare company, screenshot the trip in your app if you were the passenger, and photograph the vehicles and scene. Do not give a recorded statement to any insurer before speaking with a lawyer.
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