Short answer: if you were hurt in a crash involving an Uber or Lyft vehicle in Los Angeles, the insurance that pays depends on what the driver’s app showed at the moment of impact. Once a driver has accepted a ride and until the trip ends, California law requires $1,000,000 in liability coverage for anyone the driver injures, plus uninsured and underinsured motorist coverage for the people in the rideshare car. When the driver is logged in but waiting for a request, smaller limits backed by the company apply. When the app is off, only the driver’s personal policy applies, and it usually excludes rideshare driving. Passengers, occupants of other cars, pedestrians, cyclists, and rideshare drivers all have claims, but the app status must be proven with company records before anyone pays. Abdi & Associates, Inc. helps individuals injured in Uber, Lyft, and other rideshare crashes in Los Angeles and throughout California identify the coverage, preserve the app evidence, and pursue the claim. Free consultation. Call 24/7, English and Spanish: (888) 772-2529. No attorney fee unless there is a recovery.
Why a rideshare crash is an insurance case first
In an ordinary collision the questions are who was at fault and how much coverage that driver carried. In a rideshare crash a third question comes first: what was the driver doing in the app? California regulates Uber and Lyft as transportation network companies (TNCs) under Article 7 of Chapter 8 of the Public Utilities Code, and Public Utilities Code section 5433 ties the amount of insurance to the driver’s app status. The same crash can be worth the driver’s personal policy limits, a smaller company policy, or a $1,000,000 policy depending on whether a ride had been accepted seconds earlier.
Public Utilities Code section 5431 defines a TNC as an organization operating in California that “provides prearranged transportation services for compensation using an online-enabled application or platform to connect passengers with drivers using a personal vehicle.” A “participating driver” is any person who uses a vehicle in connection with that platform to connect with passengers. The same rules apply to any smaller platform that meets the definition.
The three coverage periods under Public Utilities Code section 5433
The statute, as amended effective January 1, 2026, sets minimum coverage for the two periods when the app is on and leaves the period when the app is off to the driver’s own insurance. They are commonly called Period 1 (logged in, waiting), Period 2 (en route to a pickup), and Period 3 (passenger on board). Periods 2 and 3 are treated identically by the statute.
| Period | What the driver was doing | Minimum coverage required by law | Who provides it |
|---|---|---|---|
| App off | Not logged in to Uber or Lyft; driving for personal reasons | The driver’s personal auto policy. Private drivers in California must carry at least $30,000 per person and $60,000 per accident for bodily injury and $15,000 for property damage for policies issued or renewed on or after January 1, 2025 (Veh. Code § 16056). | Driver’s personal insurer |
| Period 1: app on, waiting for a request | Logged in and available to receive ride requests but not yet matched with a rider | Primary liability coverage of at least $50,000 per person and $100,000 per incident for death and personal injury, and $30,000 for property damage, plus excess coverage of at least $200,000 per occurrence (Pub. Util. Code § 5433(c)). | The TNC, the driver, or a combination; the insurer for this period is the only insurer with a duty to defend the claim |
| Periods 2 and 3: ride accepted, en route, or passenger on board | From acceptance of the ride request until the ride is complete | Primary liability coverage of $1,000,000 for death, personal injury, and property damage (Pub. Util. Code § 5433(b)(1)), plus uninsured and underinsured motorist coverage of $60,000 per person and $300,000 per incident (Pub. Util. Code § 5433(b)(2)). | The TNC, the driver, or a combination for liability; the UM/UIM coverage is solely the TNC’s obligation and is primary over any other UM/UIM coverage |
Three features of the statute matter in practice. TNC coverage cannot depend on the driver’s personal insurer denying the claim first (§ 5433(d)). If a driver’s own TNC coverage has lapsed, the company must provide the required coverage “beginning with the first dollar” (§ 5433(e)). And the article does not limit a TNC’s liability arising out of a crash involving a participating driver (§ 5433(f)); the figures above are floors, and a company may carry more.
The uninsured and underinsured motorist figure changed on January 1, 2026. Before that date, section 5433 required $1,000,000 in UM/UIM coverage during a ride. Senate Bill 371 (Stats. 2025, ch. 314) reduced the statutory minimum to $60,000 per person and $300,000 per incident. Many older web pages still quote the $1,000,000 figure. Which applies to your crash depends on the crash date and the policy in force, so check the policy rather than assuming.
What Uber and Lyft must tell their drivers, and why it matters to you
Section 5432 requires a TNC to disclose in writing to its drivers the coverage the company provides and to warn drivers that their personal auto policy will not cover them while they use the app. Section 5434 provides that a personal auto insurer is not required to cover a driver while logged in to the app unless the policy expressly says so, and most personal policies in California exclude it. So a driver waiting for a request often has nothing but the Period 1 minimums, and a driver whose app was off has only a personal policy that may be at the state minimum. Pinning down the app status to the minute is the first task in every rideshare claim.
Who can bring an Uber or Lyft accident claim in Los Angeles
Passengers
A passenger is almost never at fault, so the coverage question is the whole case. If your driver caused the crash during a ride, the $1,000,000 liability policy under section 5433(b) applies. If another driver caused it, that driver’s liability policy is primary for your injuries, and the TNC’s uninsured and underinsured motorist coverage under section 5433(b)(2) is available if the other driver had no insurance, fled, or carried too little. Because that UM/UIM coverage is now $60,000 per person, a passenger with serious injuries caused by an underinsured driver may also need to look to their own personal UM/UIM policy. California insurers must include uninsured motorist coverage in every auto liability policy unless the policyholder waives it in writing (Ins. Code § 11580.2(a)), and underinsured motorist coverage pays the difference between the at-fault driver’s limits and your own, reduced by what the at-fault driver’s insurer paid (§ 11580.2(p)).
Drivers and occupants of other vehicles
If an Uber or Lyft driver hit your car, the coverage that pays depends on the rideshare driver’s app status at impact. Ask the driver’s status at the scene, photograph the phone mount if the app is visible, and report the crash to both companies if you are unsure which platform was in use; many drivers run both. Keep in mind that Civil Code section 3333.4 (Proposition 213) bars a driver who was uninsured at the time of the crash, or who was convicted of DUI for the crash, from recovering pain and suffering damages even when the rideshare driver was entirely at fault, although medical bills and lost income remain recoverable.
Pedestrians and cyclists
Rideshare pickups happen at curbs, bus stops, and the middle of the block, often with the driver looking at a phone. The coverage analysis is the same, and Proposition 213 does not apply to someone who was not operating or owning an uninsured vehicle. Our pages on pedestrian injury claims in California and motorcycle crashes cover the fault and visibility issues specific to those cases.
Rideshare drivers hurt while working
A driver hurt by someone else’s negligence has a liability claim against that driver, a UM/UIM claim under the TNC policy during a ride, and, separately, Proposition 22 occupational accident benefits described below. The three claims interact.
Independent contractors, Proposition 22, and who is legally responsible
Under Business and Professions Code section 7451, enacted by Proposition 22 in 2020, an app-based driver is an independent contractor and not an employee or agent of the network company if four conditions are met: the company does not set the driver’s hours or minimum log-in time, does not require the driver to accept specific requests, does not restrict the driver from working for other platforms except during engaged time, and does not restrict the driver from other lawful work.
For an injured person this means a claim against the company based purely on the driver being its employee (respondeat superior) is difficult, because the statute says the driver is not an employee or agent. It does not matter for the insurance. Section 5433 makes the coverage an obligation of the TNC and any participating driver regardless of employment status, and Business and Professions Code section 7455(f) separately requires a TNC to carry the automobile liability insurance required by Article 7 of the Public Utilities Code. Claims based on the company’s own conduct are evaluated separately on their facts.
When more than one party is at fault, for example a rideshare driver and a second driver, Civil Code section 1431.2 (Proposition 51) makes each defendant’s liability for non-economic damages “several only,” meaning each pays only its percentage share of pain and suffering, while economic damages such as medical bills and lost earnings remain joint. Every at-fault party and every policy therefore has to be identified, because one defendant’s policy will not pay another’s share of non-economic damages.
Not sure which period applied or which policy pays? Call (888) 772-2529, 24/7, for a free consultation. We will ask the questions that determine the coverage before you speak with any adjuster.
The evidence that proves the app status
Uber and Lyft record when a driver logs on, when a request is accepted, when a rider is picked up, and when the trip ends, to the second, with GPS. Public Utilities Code section 5435 requires a TNC or its insurer, in a claims coverage investigation, to cooperate with the other insurers involved and to provide “the precise times that the participating driver logged on and off” the platform and the dates and times of the accident. That data is the most valuable item in the case, and the company holds it. Preserve what you can while a preservation demand goes out.
- Trip receipt and ride history. A passenger’s app shows the driver’s first name, photo, vehicle make and model, and plate, which section 5445.1 requires the company to display at the time of the match. Screenshot the trip details and receipt.
- Crash report in the app. Both companies have a safety or incident reporting function. Report the crash there, keep the confirmation, and keep the description short and factual.
- The driver’s screen. If you are the driver, screenshot the app immediately: the trip status, the timestamp, and the map. If you are another motorist, ask whether the driver was on a trip and note the answer, the time, and any rider in the car.
- Dashcam and camera footage. Many rideshare drivers run interior and forward cameras. Ask for the file at the scene; those files overwrite within days, as do LADOT and Caltrans traffic cameras, Metro bus cameras, and nearby business cameras.
- Police report. LAPD on city streets, the CHP on freeways. Make sure the officer records that the vehicle was operating for a rideshare company, and which one.
- Medical care the same day. The medical record starts the damages case, and any gap is used against you.
Our general guide on what to do after a car accident in California covers the scene, the SR-1, and the insurance notice steps that apply to every crash.
Deadlines that apply to Uber and Lyft accident claims
| Deadline | Applies to | Authority |
|---|---|---|
| Two years from the date of injury | A personal injury lawsuit against the rideshare driver, another driver, or the TNC; two years from the date of death for wrongful death | Code Civ. Proc. § 335.1 |
| Two years from the date of the crash | An uninsured or underinsured motorist claim, which must be resolved by agreement, a lawsuit against the uninsured driver, or a formal arbitration demand within that time; hit-and-run UM claims also require a police report within 24 hours and notice to the insurer within 30 days | Ins. Code § 11580.2(i) |
| Six months from the crash | A written government claim if a public entity is involved, for example a crash with an LADOT vehicle, a Metro bus, a city or county vehicle, or a dangerous condition of a public road; suit is then due within six months of a written rejection | Gov. Code §§ 911.2, 945.6 |
| 10 days from the crash | The SR-1 report to the DMV when anyone was injured or killed or property damage exceeded $1,000, regardless of fault | Veh. Code § 16000 |
| Promptly, as the policy requires | Notice to your own insurer and to the TNC through the app; Proposition 22 occupational accident policies have their own claim reporting terms | Policy terms |
Deadlines have exceptions, including for minors, and the government claim deadline in particular is enforced strictly. Confirm yours with an attorney rather than assuming.
Injuries and damages in rideshare crashes
Rideshare passengers are usually in the rear seat, sometimes unbelted, and often on the freeway. Rear seat occupants commonly suffer whiplash and cervical injuries, concussions and traumatic brain injuries, fractured wrists and collarbones, and lumbar disc injuries. Pedestrians and cyclists hit at pickup points suffer leg fractures and head injuries. The claim covers economic damages (medical care, future care, lost earnings, loss of earning capacity, out of pocket costs) and non-economic damages (pain, emotional distress, disfigurement, loss of enjoyment of life), with no cap in an ordinary vehicle case. When the injury is permanent, future care and lost earning capacity drive the value, and our page on catastrophic injury claims in Los Angeles explains how that proof is built and why the $1,000,000 rideshare policy is a starting point, not the end of the coverage search. When a rideshare crash is fatal, the family may have a wrongful death claim.
Rideshare drivers: Proposition 22 occupational accident coverage is not workers’ compensation
Because a Prop 22 driver is an independent contractor, the California workers’ compensation system does not apply to a rideshare driver’s crash while working. Instead, Business and Professions Code section 7455 requires every network company to carry occupational accident insurance covering medical expenses and lost income from injuries suffered while the driver is “online,” which the statute defines as the time when the driver is using the app and can receive requests, or is on engaged time. The statutory minimums are:
- Medical expenses up to at least $1,000,000.
- Disability payments equal to 66 percent of the driver’s average weekly earnings from all network companies, calculated from total earnings in the 28 days before the accident divided by four, for up to the first 104 weeks after the injury, with minimum and maximum weekly rates set by reference to Labor Code section 4453(a).
- Accidental death insurance for a driver killed while online, with burial expenses and death benefits for a spouse, children, or other dependents determined by reference to Labor Code sections 4701 and 4702.
This is a private insurance policy, not a workers’ compensation claim before the Workers’ Compensation Appeals Board, and it does not carry the Labor Code’s procedural protections. It is triggered by being online, so a driver waiting for a request is covered as well as a driver on a trip. It does not pay pain and suffering. A driver hurt by another motorist should pursue the liability claim, the TNC’s UM/UIM coverage during a ride, and the occupational accident benefits together, because payments under one can affect the others. If you drive for a company that treats you as an employee rather than a Prop 22 contractor, for example a delivery company with a fleet, the ordinary workers’ compensation and third-party claim structure applies instead, and Abdi & Associates handles the workers’ compensation side in house.
What the insurers will do, and what not to do
Rideshare claims typically involve the TNC’s commercial carrier, the driver’s personal insurer, the other driver’s insurer, and your own if a UM/UIM claim is possible. Each has a reason to point to the others. Common tactics:
- Disputing the period. The TNC carrier may take the position that the driver was between rides or logged off, which drops the limits from $1,000,000 to the Period 1 minimums or the personal policy. The app records answer this.
- The personal insurer’s exclusion. The driver’s personal carrier will deny under its rideshare exclusion, lawful under section 5434, and may be slow to say so. Section 5433(d) prevents the TNC carrier from waiting for that denial.
- The early recorded statement. A call within days asking you to describe injuries you do not yet understand. You are not required to give a recorded statement to another party’s insurer.
- The blanket medical authorization. It gives the carrier your entire medical history to search for a prior complaint.
- The quick offer. A small check for a release before the diagnosis is complete. The release ends the claim.
- Comparative fault. California reduces recovery by the injured person’s own percentage of fault, and adjusters allocate it generously to unbelted passengers and to pedestrians outside a crosswalk.
Our page on Los Angeles car accident claims covers the fault, MedPay, lien, and negotiation issues common to every crash, and our guide on what drives the value of a California car accident settlement explains why nobody can quote a number before reviewing the records.
How Abdi & Associates can help
Abdi & Associates, Inc. helps individuals injured in Uber, Lyft, and other rideshare crashes throughout California. Personal injury matters are handled with the firm’s approved co-counsel, and the firm’s workers’ compensation practice handles any employee injury claim in house. Consultations are by phone or video, in English or Spanish, and the phones are answered 24/7.
On the first call we will ask what you know about the driver’s app status, which company was involved, what the trip receipt shows, who responded to the scene, and where you have treated. The next steps are a preservation demand to the TNC for the log on, ride acceptance, pickup, and trip end records and any vehicle camera video; notice to every insurer that may owe coverage, including your own UM/UIM carrier; collection of the police report and camera footage before it is overwritten; and treatment that documents the injury from the first visit. If you are a driver, we also open the Proposition 22 occupational accident claim and coordinate it with the liability and UM/UIM claims. There is no attorney fee unless there is a recovery.
Frequently asked questions
How much insurance does Uber or Lyft have to carry in California?
During a ride, from acceptance of the request until the ride is complete, at least $1,000,000 in liability coverage for death, personal injury, and property damage, plus uninsured and underinsured motorist coverage of $60,000 per person and $300,000 per incident (Pub. Util. Code § 5433(b)). While the driver is logged in and waiting for a request, at least $50,000 per person and $100,000 per incident for injury, $30,000 for property damage, and $200,000 per occurrence in excess coverage (§ 5433(c)). These are minimums.
Does Uber’s insurance cover me as a passenger if another driver caused the crash?
The other driver’s liability insurance is primary for your injuries. If that driver was uninsured, fled, or had too little coverage, the TNC’s uninsured and underinsured motorist coverage applies during the ride, and your own personal UM/UIM policy under Insurance Code section 11580.2 may apply on top of it. Since January 1, 2026 the statutory minimum for the TNC’s UM/UIM coverage is $60,000 per person, so your own policy can matter in a serious injury case.
What if the Uber driver was logged in but had not accepted a ride yet?
That is Period 1. The required liability coverage drops to $50,000 per person and $100,000 per incident for injury, plus $200,000 in excess coverage. The driver’s personal policy will usually deny under its rideshare exclusion. Whether a request had already been accepted is proven by the company’s records.
What if the driver’s app was off?
Only the driver’s personal auto policy applies, and the TNC has no statutory obligation to provide coverage. The state minimum for a personal policy issued or renewed on or after January 1, 2025 is $30,000 per person and $60,000 per accident. If that is not enough, your own underinsured motorist coverage is the next source.
Can I sue Uber or Lyft directly?
The TNC insurance under section 5433 is the company’s obligation regardless of the driver’s independent contractor status, so the company’s policy is in the case whenever the driver was in Periods 1, 2, or 3. A negligence claim against the company itself based on the driver being its employee is difficult after Proposition 22, but claims based on the company’s own conduct are evaluated on their facts. The practical target is the coverage, which does not require proving employment.
I was driving for Lyft and another car hit me. What are my options?
Three claims: a liability claim against the other driver, an uninsured or underinsured motorist claim under the TNC policy if you were on a trip (and under your own policy if it carries a rideshare endorsement with UM/UIM coverage), and a Proposition 22 occupational accident claim for medical expenses and 66 percent of your average weekly earnings if you were online. The occupational accident benefit is not workers’ compensation and does not pay pain and suffering, which is why the liability and UM/UIM claims matter.
How long do I have to file an Uber accident claim in Los Angeles?
Two years from the injury for a lawsuit against the driver or the company (Code Civ. Proc. § 335.1), two years to resolve or arbitrate a UM/UIM claim (Ins. Code § 11580.2(i)), and only six months to present a written claim if a public entity such as Metro, LADOT, or the city was involved (Gov. Code § 911.2). The evidence deadlines are much shorter.
Does it matter that I was not wearing a seatbelt in the back of the Uber?
It can reduce your recovery under California’s comparative fault rule, but it does not eliminate the claim. Under CACI No. 712 the defense must prove that a working seat belt was available, that a reasonably careful person in your situation would have used it, that you did not, and that your injuries would have been avoided or less severe if you had. That last element requires medical evidence, not an assumption.
I do not know whether the driver was on Uber or Lyft. What do I do?
Report the crash to both companies, note the plate and the driver’s name from the police report, and keep any photos of the vehicle and phone mount. Section 5435 requires a TNC and its insurer to cooperate in a coverage investigation and provide the times the driver logged on and off, so a preservation demand to both companies resolves the question.
Do you handle rideshare accident claims outside Los Angeles?
Yes. Abdi & Associates helps individuals with Uber and Lyft accident claims throughout California, and consultations are by phone or video.
Related pages
- Los Angeles car accident lawyer
- Steps to take after a California car crash
- California pedestrian accident lawyer
- Motorcycle accidents
- Bus accidents (Metro and public transit)
- Los Angeles catastrophic injury lawyer
- Brain injury claims
- Wrongful death
- How much a car accident settlement is worth in California
- Third-party work injury claims in California
- Cyclists and scooter riders hit by a rideshare car
- Personal injury in California
- Contact Abdi & Associates
Hurt in an Uber or Lyft crash in Los Angeles? Call (888) 772-2529, 24/7, in English or Spanish, for a free consultation, or use the form below. No attorney fee unless there is a recovery.
Primary sources: Cal. Pub. Util. Code §§ 5430, 5431, 5432, 5433 (as amended by Stats. 2025, ch. 314, SB 371, effective January 1, 2026), 5434, 5435, 5445.1; Cal. Bus. & Prof. Code §§ 7451, 7455, 7463; Cal. Ins. Code § 11580.2; Cal. Veh. Code §§ 16000, 16056; Cal. Civ. Code §§ 1431.2, 3333.4; Cal. Code Civ. Proc. § 335.1; Cal. Gov. Code §§ 911.2, 945.6; CACI No. 712.
Reviewed by Shawn Abdi, Esq., Abdi & Associates, Inc. Published: September 9, 2026. Attorney advertising. This page is general information, not legal advice about your specific situation. Legal deadlines have exceptions; confirm yours with an attorney. Past results do not guarantee future outcomes.