Yes, though most injury claims are paid by the insurance Uber must carry, and only some cases reach the company itself. Which policy pays depends on the driver’s app status: $1 million while a ride is accepted or under way in California (PUC 5433), lower limits while the driver waits. California generally allows two years to sue for an injury (CCP 335.1).
Questions about your injury case?
Leave your name and phone. We call you back today, in English or Spanish, and the consultation is free.
Free consultation · English y Español · No fees or costs unless we win
Can you sue Uber or Lyft directly?
You can name the company in a claim, and in many cases its insurer is the one that pays. California law calls Uber and Lyft transportation network companies (PUC 5431) and requires insurance to be in place whenever a driver is logged in (PUC 5433). The same statute says those required amounts do not cap what the company can owe above them (PUC 5433(f)).
Holding the company itself responsible is harder. Uber says in its rider terms that drivers are independent and are not its employees (Uber Terms of Use). A claim against the company directly usually rests on something the company did, such as how it screened the driver or handled a known problem. Whether that kind of claim fits your crash depends on the facts.
Who is liable in an Uber accident?
More than one person or policy can be responsible:
- The rideshare driver, if the driver’s careless driving caused the crash. The claim is usually paid by the rideshare policy that applies at that moment.
- Another driver, if someone else caused the crash. That driver’s own insurer is the first place to claim.
- The company, in the limited situations described above.
- A public agency, if a city bus, county truck or dangerous road played a part. In California a claim against a public entity must be presented within six months (Gov. Code 911.2).
Passengers, pedestrians, cyclists and people in other cars can all bring claims. The rideshare policy can also respond when the other driver had no insurance or too little.
What does Uber’s insurance cover at each app status?
State law sets minimums for two main periods. Uber and Lyft publish similar figures for their own coverage (Uber insurance page; Lyft insurance page).
| Driver’s app status | California | Texas | Washington |
|---|---|---|---|
| App off | Driver’s personal policy | Driver’s personal policy | Driver’s personal policy |
| Logged in, waiting for a request | $50,000 per person, $100,000 per incident, $30,000 property, plus $200,000 excess | $50,000 per person, $100,000 per incident, $25,000 property | $50,000 per person, $100,000 per accident, $30,000 property |
| Ride accepted through drop-off | $1,000,000 | $1,000,000 | $1,000,000 |
Sources: PUC 5433 and the CPUC insurance page; Texas Insurance Code 1954.052 and 1954.053; RCW 46.72B.180, which replaced the older RCW 48.177.010.
Two more points matter for passengers. In California, uninsured and underinsured motorist coverage while you are in the car is now $60,000 per person and $300,000 per incident under the current statute text. In Washington it is $100,000 per person and $300,000 per accident, plus personal injury protection during the ride. If the driver’s own rideshare policy has lapsed, the company must cover the claim from the first dollar in all three states.
When the app was off, the company’s coverage generally does not apply, and Uber says so on its own page. Washington requires the company to produce the driver’s log-in and log-off records within ten business days of an insurer’s request, which is often how the app status gets proven.
Does the independent contractor rule protect Uber?
It affects the claim, but it does not end it. In California, Proposition 22 treats app-based drivers as independent contractors when the company does not set their hours, does not require them to accept particular rides and does not stop them from other work (B&P 7451). Texas has a similar rule that applies “for all purposes” when the conditions are met and the parties agree in writing (Occupations Code 2402.114), and the state regulator repeats it in its TNC guide.
These rules make it harder to hold the company responsible for the driver’s mistakes as if it were the employer. They do not remove the insurance the law requires, which is why the coverage table above is where most recoveries come from.
Free case review
Tell us what happened and where the claim stands. Our team reviews it and explains your options. You owe no fees or costs unless we win.
Will Uber’s terms force my claim into arbitration?
Possibly, if you were the rider. Uber’s U.S. terms send disputes with Uber, including personal injury claims tied to using the app, to individual arbitration, with exceptions for small claims court and for individual claims of sexual assault or sexual harassment (Uber Terms of Use). Lyft’s terms also require arbitration with similar exceptions (Lyft Terms of Service).
Those terms are an agreement between the company and its users. A pedestrian or another motorist who never used the app did not accept them, and a claim against a different at-fault driver is a separate matter. Whether the terms reach a particular claim is something to review with a lawyer before you file.
What to do now
- Get medical care and keep every record and bill.
- Take screenshots of the ride in the app: the trip receipt, the driver’s name and the time.
- Report the crash in the app and to the police, and get the report number.
- Collect names, plates and insurance details from every driver involved.
- Photograph the cars, the scene and your injuries.
- Do not give a recorded statement to any insurer before you get advice.
- Send a written request to keep the app data that shows whether the driver was logged in or on a trip.
- Talk to a lawyer well before the deadline in your state.
Talk to us
If you were hurt in an Uber or Lyft crash, call Beverly Law at (310) 552-6959 for a free, confidential case review in English or Spanish. We will help find out which policy applies to your crash. You owe no fees or costs unless we win.
Common questions
How long do I have to sue after an Uber or Lyft accident?
In California, generally two years from the injury (CCP 335.1; see California Courts). Texas also allows two years (CPRC 16.003). Washington generally allows three years (RCW 4.16.080). Claims involving a public agency can start much sooner.
What if I was partly at fault?
California and Washington reduce your recovery by your share of fault without barring it (Civil Code 1714; CACI 405; RCW 4.22.005). Texas bars recovery if you are more than 50 percent responsible and otherwise reduces it (CPRC 33.001 and 33.012). Example only: with $100,000 in losses and 20 percent fault, the award would drop to $80,000. Your facts decide the percentage.
What if I was the Uber driver and got hurt?
In California, companies must provide occupational accident insurance with at least $1,000,000 in medical coverage for injuries while online, plus disability payments for up to 104 weeks (B&P 7455). If another driver caused the crash, you may also have a claim against that driver. In Texas, the state insurance department notes that most personal auto policies do not cover rideshare driving (TDI).
Is Lyft treated the same way?
Yes. The state insurance rules apply to every transportation network company, so a Lyft crash follows the same periods and amounts as an Uber crash.
Do you handle Texas cases?
Yes. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
Ask a question
Not ready to call? Write your question and a member of our team answers you. No cost and no commitment.
Hurt in an Uber or Lyft? Find out which policy pays. — Beverly Law
Free case review. We gather the records, deal with the insurance company and keep you informed in English or Spanish. You owe no fees or costs unless we win.
Related pages
Personal Injury Questions · California Uber and Lyft accident lawyer · Who pays after an Uber or Lyft accident in Texas · Who pays after an Uber or Lyft accident in Washington · Uber accident claims: how the insurance works · Personal injury questions · Law Blog
Talk to our team today
Leave your name and phone and tell us in one line what you need.
Sources
- Cal. Public Utilities Code 5433 (TNC insurance by period)
- Cal. Public Utilities Code 5431 (TNC definitions)
- California Public Utilities Commission, Transportation Network Companies
- California Public Utilities Commission, Insurance Requirements for TNCs
- Cal. Business and Professions Code 7451 (Proposition 22)
- Cal. Business and Professions Code 7455
- Cal. Code of Civil Procedure 335.1
- Cal. Civil Code 1714
- Cal. Government Code 911.2
- CACI 405, Comparative Fault of Plaintiff
- California Courts Self-Help, Statute of limitations
- California Courts Self-Help, Statute of limitations (Spanish)
- Tex. Occupations Code chapter 2402 (2402.101, 2402.114)
- Tex. Insurance Code chapter 1954
- Texas Department of Insurance, Ride sharing
- Texas Department of Licensing and Regulation, TNC Operations Guide
- Tex. Civ. Prac. & Rem. Code chapter 16 (16.003)
- Tex. Civ. Prac. & Rem. Code chapter 33 (33.001, 33.012)
- RCW 46.72B.180
- RCW 48.177.010 (recodified as 46.72B.180)
- RCW 4.16.080
- RCW 4.22.005
- Uber, Insurance for drivers (Uber's own description of its coverage)
- Lyft, Driver insurance (Lyft's own description of its coverage)
- Uber, U.S. Terms of Use
- Lyft, Terms of Service
Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-13.