By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hurt in an Uber or Lyft crash?
Leave your name and phone. We call back today, in English or Spanish. The consultation is free and confidential.
Free consultation · English y Español · No fees or costs unless we win
What to do after an Uber or Lyft crash in California
- Get medical care. Go to the ER or urgent care the same day if you can, and tell them you were in a car crash.
- Call the police and get the report number. The report records the drivers and vehicles involved. Our page on what to do after a car accident in California covers the rest of the scene checklist.
- Screenshot the trip. If you were the passenger, save the driver’s name, photo, plate and the trip screen before the ride closes. Your receipt shows the time and route.
- Write down the rideshare driver’s status. If you were in another car, ask the driver whether the app was on and whether they had a passenger or were heading to one. That answer decides which coverage applies.
- Report it in the app, but keep it short and factual. Do not give a recorded statement to the rideshare insurer before you get advice.
How much insurance covers a California rideshare crash
California calls Uber and Lyft “transportation network companies” and sets their insurance in Public Utilities Code section 5433. The amount turns on the driver’s app status.
| Driver’s status | What applies | Source |
|---|---|---|
| App off (personal driving) | The driver’s personal auto policy. For policies issued or renewed on or after January 1, 2025, the minimum is $30,000 per person, $60,000 per accident and $15,000 property damage. | Veh. Code § 16056 |
| App on, waiting for a request | Primary coverage of at least $50,000 per person and $100,000 per incident for injury and death, and $30,000 for property damage, plus at least $200,000 per occurrence in excess coverage. | Pub. Util. Code § 5433(c) |
| Ride accepted, through the end of the trip | $1,000,000 primary coverage for death, personal injury and property damage. | § 5433(b)(1) |
| Passenger in the car, hit by an uninsured or underinsured driver | Uninsured and underinsured motorist coverage of $60,000 per person and $300,000 per incident, owed by the company itself. | § 5433(b)(2) |
Three more rules help injured people. The company’s coverage does not depend on the driver’s personal insurer denying the claim first (§ 5433(d)). If the driver’s own rideshare policy has lapsed, the company must provide the coverage from the first dollar (§ 5433(e)). And the statute does not cap the company’s liability at the insurance amounts (§ 5433(f)). The driver’s personal policy pays nothing from log-on until log-off or until the passenger gets out, unless it expressly covers that time (§ 5434(b)). Our page on whose insurance applies between rides goes through the waiting period in more detail.
Free Uber or Lyft accident case review
Tell us what happened. We will tell you plainly whether there is a case and what to do next. You owe no fees or costs unless we win.
What changed on January 1, 2026: less uninsured motorist coverage for passengers
Until the end of 2025, Uber and Lyft had to carry $1 million in uninsured and underinsured motorist (UM/UIM) coverage from the moment a passenger got in until the passenger got out. Senate Bill 371 (Chapter 314, Statutes of 2025) cut that to $60,000 per person and $300,000 per incident and made the coverage solely the company’s obligation (bill summary). The change took effect January 1, 2026 (Freeman Mathis & Gary).
The bill’s author said Uber and Lyft sponsored it and that it was meant to lower fares (Sen. Cabaldon release). It also orders the Public Utilities Commission and the Department of Insurance to study whether the new amounts fit the risk and report by December 31, 2030 (bill summary).
What it means for a passenger: if an uninsured or underinsured driver hits your Uber, the rideshare UM/UIM policy now tops out at $60,000 for you. The statute makes that policy primary over any other UM/UIM coverage that applies (§ 5433(b)(2)), so your own auto policy and any household policy should be checked for coverage that can come after it. When the rideshare driver is the one at fault, the $1 million liability coverage still applies.
Who can be responsible: the drivers, Uber or Lyft, and Prop 22
The at-fault driver. That may be the rideshare driver, the driver of another car, or both.
The company. Proposition 22 (2020) says an app-based driver who meets its conditions is an independent contractor “and not an employee or agent” in the driver’s relationship with the network company (Bus. & Prof. Code § 7451). In Castellanos v. State of California (2024) 16 Cal.5th 588, decided July 25, 2024, the California Supreme Court rejected a challenge claiming section 7451 conflicts with the state constitution’s workers’ compensation article (opinion). That case was about workers’ compensation and the Legislature’s power. It did not decide whether Uber or Lyft answers for a driver’s crash.
That question came up in an arbitration over the death of Emily Normandin-Parker, who was struck on State Route 73 in Orange County in August 2023 after her Uber driver stopped at a gore point on the freeway. Retired judge Richard Stone, acting as arbitrator, wrote that “Prop. 22 does not immunize Uber from vicarious liability,” rejected Uber’s argument that it is not a common carrier, and awarded $20 million to each of her parents and $300,000 to her friend. Uber said the arbitrator was wrong (CalMatters). It is one arbitrator’s award in one case. Our report on the Newport Beach award has more. California law requires a carrier of persons for reward to use “the utmost care and diligence” for their safe carriage (Civ. Code § 2100).
A public agency. If a government vehicle or a dangerous road was involved, a written claim must be presented within six months (Gov. Code § 911.2).
Uber and Lyft arbitration clauses: riders and everyone else
Uber’s U.S. terms send disputes “between you and Uber” to individual arbitration, including “incidents or accidents resulting in personal injury or death to you or anyone else,” with a jury waiver. The terms say they bind third parties such as a user’s guests, spouse and heirs, and they exclude individual sexual assault or harassment claims and small claims cases (Uber Terms of Use). Lyft’s terms are similar: claims relating to its rideshare services go to individual arbitration, the agreement says it binds spouses and heirs, and it excludes sexual assault and harassment claims and small claims (Lyft Terms of Service).
These clauses are contracts between the company and its app users, and they cover disputes with the company. Your claim against another driver who hit the Uber is a separate claim against that driver. A pedestrian, cyclist or driver who never used the app never accepted the terms. If you were the rider, keep the account and the email address it uses.
Deadlines, shared fault and California crash numbers
- Two years to sue for injury or wrongful death (Code Civ. Proc. § 335.1).
- Six months for a claim against a public entity (Gov. Code § 911.2).
- Shared fault reduces, never bars. California uses pure comparative negligence: your damages are reduced by your share of fault (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). A passenger who did nothing to cause the crash has no share to subtract. See comparative fault in California, Texas and Washington.
The California Office of Traffic Safety reports 4,061 traffic deaths in 2023, down 10.53% from 4,539 in 2022, and cites an early NHTSA estimate of a 6.3% decline in 2024 compared to 2023 (OTS FY 2025 Annual Report). Our news desk covers California crashes like this multi-car crash on the 5 Freeway near Elysian Park.
Getting the trip record
The driver’s app status is the fact that decides the coverage, and the company has it. In a claims coverage investigation, the company or its insurer must cooperate with the other insurers and give them the date and time of the accident and the precise times the driver logged on and off (Pub. Util. Code § 5435). The company may not give a passenger’s personal information to third parties unless the passenger consents or the law requires it (§ 5437).
As the rider, you already have your receipt and trip history in the app. Save them. Our guide on how to get an Uber or Lyft accident report explains the police report, the in-app report and the records request.
Related pages
- Texas Uber and Lyft accident lawyer
- Washington Uber and Lyft accident lawyer
- Uber accident claims and Lyft accident claims
- Uber passenger injured: who pays?
- A Lyft driver hit me while I was driving
- What affects an Uber accident settlement
- 5 things to know about filing an Uber accident claim
- Los Angeles car accident lawyer and Santa Ana car accident lawyer
- California truck accident lawyer
Common questions
Can I sue Uber or Lyft after a crash in California?
You can make a claim against the company’s insurance whenever the driver was logged in, and that is where most recovery comes from. Uber has argued that Prop 22 shields it from liability for its drivers. In a 2026 arbitration over a passenger’s death, the arbitrator rejected that argument and held Uber vicariously liable, but that award does not bind other cases.
How much insurance does an Uber or Lyft driver have in California?
$1 million from the moment the driver accepts a ride until the trip is complete. While the app is on with no ride accepted, at least $50,000 per person, $100,000 per incident and $30,000 property damage, plus $200,000 in excess coverage. With the app off, only the driver’s personal policy.
What if the driver who hit my Uber had no insurance?
Since January 1, 2026, the rideshare company’s uninsured and underinsured motorist coverage for passengers is $60,000 per person and $300,000 per incident. Your own auto policy may add coverage after that. Before 2026 the required amount was $1 million.
Do I have to arbitrate my claim?
Uber’s and Lyft’s terms require riders to arbitrate disputes with the company, including injury claims. They do not cover your claim against another driver, and people who never used the app never agreed to them.
How long do I have to file?
Two years for a lawsuit under Code of Civil Procedure section 335.1. Six months for a claim against a California public agency under Government Code section 911.2.
Does Prop 22 mean Uber is never responsible?
No. Prop 22 deals with whether drivers are employees. The insurance in Public Utilities Code section 5433 still applies, and the statute says it does not limit the company’s liability above those amounts.
Ask a question
Not ready to call? Write your question and someone on our team will answer. No cost, no commitment.
California Uber and Lyft accident lawyer — Beverly Law
Hurt in an Uber or Lyft crash? Tell us what happened and we will tell you which policy applies. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Sources
- Cal. Pub. Util. Code § 5433
- Cal. Pub. Util. Code § 5434
- Cal. Pub. Util. Code § 5435
- Cal. Pub. Util. Code § 5437
- SB 371 (2025), Chapter 314, Statutes of 2025, bill summary
- Sen. Christopher Cabaldon, SB 371 release (Sept. 10, 2025)
- Freeman Mathis & Gary, SB 371 effective Jan. 1, 2026
- Cal. Bus. & Prof. Code § 7451 (Prop 22)
- Castellanos v. State of California (2024) 16 Cal.5th 588 (S279622)
- Cal. Civ. Code § 2100
- Cal. Veh. Code § 16056
- Cal. Code Civ. Proc. § 335.1
- Cal. Gov. Code § 911.2
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
- CalMatters, Uber $40 million arbitration award (Sept. 2026)
- Uber U.S. Terms of Use (last modified Nov. 4, 2026)
- Lyft Terms of Service (updated Feb. 9, 2026)
- California Office of Traffic Safety, FY 2025 Annual Report
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.