background hero

Who Pays in a Lyft or Uber Crash in California?

Table of contents

    TL;DR: In California, payment responsibility in a Lyft or Uber crash depends on the driver’s app status at the time of the accident. These companies provide layered insurance policies—up to $1 million—depending on whether the driver was waiting for a ride, en route to a pickup, or carrying a passenger. If you’re injured, you may be covered under the rideshare company’s policy, the driver’s personal insurance, or your own. Document the crash carefully, seek medical care immediately, and speak to a rideshare accident attorney before accepting any offers.

    Understanding Lyft and Uber’s Insurance Tiers

    Uber and Lyft divide coverage based on the driver’s activity:

    • App Off: Driver’s personal insurance applies.
    • App On (waiting for ride): Limited coverage — $50,000 per person, $100,000 per accident, and $25,000 for property damage.
    • En Route or Passenger in Car: Full $1 million in liability and uninsured/underinsured coverage applies.

    Common Disputes in Rideshare Crash Claims

    • Driver’s app status: Was the app on?
    • Coverage overlap: Whose policy pays first?
    • Soft tissue injury denial: Muscle or tendon injuries like whiplash often aren’t visible on X-rays and may be challenged.
    • Shared fault arguments: California’s comparative fault system may reduce your recovery if you’re partially at fault.

    San Diego Case Example

    A client was injured in a rideshare crash when their Uber driver was sideswiped by a speeding vehicle. Uber denied coverage at first, claiming the app was inactive. We proved otherwise using app logs and dashcam data, and secured a $200,000 settlement after an initial $30,000 offer.

    5 Steps to Take After a Rideshare Accident

    1. Call 911 and get a police report.
    2. Seek medical attention—even if you feel fine.
    3. Take photos, get witness contact info, and save receipts.
    4. Do not speak to the rideshare company or accept quick offers.
    5. Contact a California rideshare accident lawyer to protect your rights.

    Feeling Confused About Who Should Pay?

    After a crash, it’s common to feel unsure about liability—especially with rideshare companies. Even if the company claims their driver was “off-duty,” app data can prove otherwise. Let us investigate and make sure you get what you’re owed.

    Breathe With Us: Inhale slowly for 4 seconds… hold for 4… exhale for 4. You’re not alone. We’re here to help.

    FAQs

    Can I sue Uber or Lyft directly?

    Usually not. They classify drivers as independent contractors, but you can access their insurance policies through the driver.

    What if the rideshare driver was off the clock?

    Their personal insurance would apply, not Uber or Lyft’s policies.

    How much coverage is available?

    Up to $1 million if the app was active and the driver was picking up or carrying a passenger.

    How do I prove the driver was using the app?

    Uber and Lyft have digital logs we can subpoena to verify app status.

    What’s the deadline to file a claim?

    You typically have 2 years to file a personal injury claim in California—or 6 months if the crash involved a government vehicle.

    Contact West Coast Trial Lawyers for a free consultation. No fees unless we win.

    Neama Rahmani, Esq.
    President, West Coast Trial Lawyers
    California Bar License #240613
    Verify license

    This article is for informational purposes only and does not constitute legal advice. Always consult an attorney about your individual case.

    Stars

    510 Reviewers

    They know what they're doing, very well. Not only did I not make a single phone call from the day I hired them, but I also received calls from their case managers and paralegals who want to make sure my treatment was going well. They whole team took care of me. Thank you WCTL for taking full responsibility of my case and getting me an amazing settlement.

    Sasan

    Stars

    293 Reviewers

    I can say with confidence that this team is the best in the business. . . . Dean took the time to really listen and hear me out. He assured me that he was going to move mountains because he believed in me, and he ended up doing just that. I’ve never met a more focused and passionate attorney in my life. If you’re looking for a firm that treats its clients with the utmost respect and care, calling WCTL is a no-brainer. I wouldn't think twice about working with them again in the future.

    Delilah

    what-our-clients-say.webp