By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
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The app status decides the insurance
Rideshare laws split a driver’s time into stages. Before the driver logs on, the state rideshare laws do not apply, and the driver’s personal auto policy is the starting point. Once the driver is logged on, the required coverage climbs in steps.
| Driver status | California | Texas | Washington |
|---|---|---|---|
| Logged on, waiting for a request | Primary $50,000 per person, $100,000 per incident, $30,000 property, plus $200,000 excess per occurrence | $50,000 per person, $100,000 per incident, $25,000 property | $50,000 per person, $100,000 per accident, $30,000 property, plus UIM and PIP as state law requires |
| Ride accepted until the trip ends | $1,000,000 primary; UM/UIM of $60,000 per person and $300,000 per incident while a passenger is in the car | $1 million aggregate per incident; UM/UIM and PIP where state law requires them | $1,000,000 combined single limit; UIM of $100,000 per person and $300,000 per accident while a passenger is in the car; PIP |
| Rule | Pub. Util. Code 5433 | Ins. Code 1954.052, 1954.053 | RCW 46.72B.180 |
California’s UM/UIM figures reflect the amendment that took effect January 1, 2026, and California makes that coverage primary over any other UM/UIM and “solely the obligation of the transportation network company.” Washington’s section was formerly numbered RCW 48.177.010. Other states have their own rideshare insurance laws, and the amounts differ; ask a lawyer in your state, and see the laws by state table for the funding rules.
Where you were sitting matters
The same crash can fall under different stages depending on who was hurt.
- Passengers. A rider is usually injured during the trip, when the highest coverage applies. Our FAQ on being hurt as an Uber passenger walks through the claim.
- Other drivers, cyclists and pedestrians. If the rideshare driver was logged on but had no ride yet, the lower first-stage limits apply. See whose insurance applies between rides and a Lyft driver hit my car.
- The rideshare driver. A driver’s own injury claim raises separate questions about which policies cover the driver. Ask your lawyer before assuming the rideshare policy pays you.
These statutes are written for passenger rides. Food delivery trips raise different questions, covered in our FAQ on a DoorDash or Uber Eats driver hitting you.
Proving which stage applied
A funder will want to know which stage the driver was in, because that sets the ceiling on the claim. The answer usually comes from the company’s trip records, which your lawyer requests; our FAQ on getting an Uber or Lyft accident report explains how. Until that is settled, a funder may value the claim at the lower limit.
The laws also cover gaps. If the driver’s own insurance has lapsed or ceased to exist, California requires the company to provide the coverage “beginning with the first dollar of a claim” (Pub. Util. Code 5433); Texas says the same when the driver’s policy has lapsed or does not provide the required coverage (Ins. Code 1954.054), and Washington requires the same from the first dollar when the driver’s policy does not cover the loss for any reason, including a lapse (RCW 46.72B.180). Washington adds that a personal auto policy is not required to provide primary or excess coverage while the driver is working for the app. In Texas, the coverage can come from the driver, the company or both (Ins. Code 1954.051).
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A $1 million policy and how long the case runs
A large policy raises the ceiling, but it does not set the offer. A funder still weighs the injuries, the proof of fault and the time to resolution, as explained on our page on how much you can get. With more money available, the insurer for the app may dispute fault or the injuries more closely, and the case may take longer to resolve. Charges on most advances grow each month the claim stays open, so time affects what you would owe.
A rideshare case can also produce more than one claim. A passenger hurt by an uninsured driver may have a UM/UIM claim under the rideshare policy, and in Texas that coverage applies where Ins. Code 1952.101 requires it. Each claim has its own insurer and its own timeline. Our FAQ on what affects an Uber accident settlement covers the factors, and the car accident page explains your own MedPay, PIP and UM/UIM.
Hospital bills, health plan claims and Medicare or Medicaid rights generally come out of the recovery before a funder is paid; see funding and medical liens.
What to ask before you sign
- Was the driver offline, logged on and waiting, or on a trip when the crash happened, and has the company confirmed it?
- Which insurer is handling the claim, and has it accepted coverage?
- Do I have a UM/UIM claim under the rideshare policy, my own policy, or both?
- Did I agree to app terms that could affect where or how my claim is decided?
- What would I owe at 12, 24 and 36 months, and does the contract reach every claim from this crash?
Common questions
Is an Uber or Lyft passenger claim easier to fund?
It can be, because the $1 million stage often applies during a trip. Funders still decline cases with disputed fault or unclear injuries.
What if the rideshare driver was not logged on?
Then the rideshare laws in these three states do not apply, and the claim generally runs against the driver’s personal policy, like any car crash.
Do I sue Uber or Lyft, or the driver?
That depends on the facts and the state. Your lawyer decides whom to name, and the company’s insurer often handles the claim during the covered stages.
Will a funder ask for the app records?
Often. The trip data shows which stage applied, and that controls the limits the funder can count on.
Does the rideshare insurance pay my medical bills now?
Usually not as an advance. Ask about your own MedPay or PIP, and see the guide to lawsuit cash advances for other options. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Beverly Law does not offer or arrange lawsuit funding and receives no payment from funding companies. Beverly Law offers a free case review in English or Spanish at (310) 552-6959 if you have questions about your injury case. You owe no fees or costs unless we win.
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Related pages
Cash advance on a lawsuit · Laws by state · Injury law FAQs
Sources
- Cal. Pub. Util. Code 5433 (as amended by SB 371, Stats. 2025, ch. 314, eff. Jan. 1, 2026) (leginfo.legislature.ca.gov)
- Cal. Pub. Util. Code 5433 as read (Justia, 2025 code) (law.justia.com)
- Tex. Ins. Code ch. 1954 (1954.001, 1954.051-1954.054) (tcss.legis.texas.gov)
- RCW 46.72B.180 (formerly RCW 48.177.010) (app.leg.wa.gov)
- RCW 46.72B.180 as read (Justia, 2025 code) (law.justia.com)
- Tex. Ins. Code 1952.101 and 1952.152 (tcss.legis.texas.gov)
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 7, 2026.