Who pays after an Uber or Lyft accident in California depends on what the rideshare driver's app was doing at the moment of the crash. California Public Utilities Code § 5433 requires $1 million in primary liability coverage from the time a driver accepts a ride until the ride ends, and lower limits while the driver is logged on and waiting. Since January 1, 2026, passengers also have $60,000 per person in uninsured motorist coverage.
By James Eashoo, Founder, Eashoo Law, PC
Rideshare crashes involve more insurance layers than a typical collision, and the rules changed this year. Eashoo Law, PC represents passengers, drivers, and other motorists hurt in Uber and Lyft crashes across Los Angeles County and Southern California. This guide from Eashoo Law, PC explains which policy applies, what changed under Senate Bill 371, and what to do first.
Uber and Lyft insurance in California depends on the driver's app status
California law ties rideshare insurance to three phases of a driver's app activity. The phase at the moment of impact decides which policy pays first and how much coverage is available. Trip logs from Uber or Lyft usually settle which phase applied.
| Driver's app status at the crash | Primary liability coverage required | Uninsured/underinsured motorist coverage | Source |
|---|---|---|---|
| App off (personal driving) | The driver's personal auto policy, at least $30,000 / $60,000 / $15,000 | Only what the driver's own policy includes | California Department of Insurance |
| App on, waiting for a ride request | $50,000 per person / $100,000 per incident for injury, $30,000 property damage, plus $200,000 excess | Not required by § 5433 | Pub. Util. Code § 5433(c) |
| Ride accepted, driving to pickup | $1,000,000 primary | Not required by § 5433 (no passenger yet) | Pub. Util. Code § 5433(b) |
| Passenger in the vehicle | $1,000,000 primary | $60,000 per person / $300,000 per incident, paid solely by the rideshare company | Pub. Util. Code § 5433(b)(2) |
| Best for | Knowing which policy to claim against first |
Under California Public Utilities Code § 5433(b), rideshare insurance must be primary and at least $1,000,000 for death, personal injury, and property damage from the moment a driver accepts a ride request until the ride is complete. That coverage applies whether the passenger, another motorist, a cyclist, or a pedestrian was injured.
Senate Bill 371 changed rideshare uninsured motorist coverage in 2026
Senate Bill 371 (Stats. 2025, Ch. 314) lowered the uninsured and underinsured motorist coverage that Uber and Lyft must carry for passengers. Before 2026, the required amount was $1 million. Since January 1, 2026, the requirement is $60,000 per person and $300,000 per incident while a passenger is in the car.
The change matters most when an uninsured or hit-and-run driver hits a rideshare vehicle. According to the Insurance Research Council, about 20.4% of California drivers were uninsured in 2023, as reported by the Insurance Information Institute. A passenger seriously hurt by one of those drivers now has a much smaller rideshare UM policy to draw on, so the passenger's own auto and health coverage carry more weight.
Under the amended § 5433(b)(2), the $60,000 per person rideshare uninsured motorist coverage is primary over any other uninsured motorist policy and is solely the obligation of the rideshare company. A passenger does not have to exhaust their own UM coverage first, but their own policy may add coverage once the rideshare limit is used up.
Some outdated web pages, including older government summaries, still describe the $1 million UM figure. Check the date on any rideshare insurance information you read.
Who pays when you are hurt as an Uber or Lyft passenger
An injured Uber or Lyft passenger is rarely at fault, so the question is which driver caused the crash. If the rideshare driver caused it, the $1 million rideshare liability policy is the main source of payment. If another driver caused it, that driver's insurance pays first, and the rideshare UM coverage applies if the other driver is uninsured or underinsured.
California Public Utilities Code § 5433(d) states that rideshare insurance coverage shall not depend on a personal auto policy first denying a claim. In practice, an injured passenger can open a claim with the rideshare insurer directly instead of waiting for the driver's personal insurer to reject it.
"Coverage under a transportation network company insurance policy shall not be dependent on a personal automobile insurance policy first denying a claim nor shall a personal automobile insurance policy be required to first deny a claim."
— California Public Utilities Code § 5433(d), as amended by SB 371
Can a passenger sue Uber or Lyft directly?
Sometimes. Uber and Lyft classify drivers as independent contractors under Proposition 22, and the companies often argue that this limits their direct responsibility for a driver's conduct. Public Utilities Code § 5433(f) states that the rideshare insurance law does not limit a rideshare company's liability above the required coverage, so a direct claim depends on the facts of the crash.
Who pays when an Uber or Lyft driver hits you in another car
A driver, cyclist, or pedestrian hit by a rideshare vehicle claims against the rideshare driver's coverage for that app phase. When the app showed a passenger on board or a ride accepted, the $1 million primary policy applies. When the app was on but no ride was accepted, the lower $50,000 / $100,000 / $30,000 policy and the $200,000 excess layer apply.
When the app was off, the rideshare driver was a private motorist and their personal auto policy applies. Personal policies often exclude rideshare driving, which is why the app status at the exact minute of the crash is the first fact to pin down.
Rideshare drivers have separate injury coverage under Proposition 22
Uber and Lyft drivers hurt while online are covered by occupational accident insurance under California Business and Professions Code § 7455, added by Proposition 22 in 2020. The coverage pays medical expenses up to at least $1,000,000 and disability payments of 66% of average weekly earnings for up to 104 weeks.
Under Business and Professions Code § 7455, the occupational accident coverage applies while the driver is online and able to receive ride requests, or during a trip. A rideshare driver hurt by another motorist may also bring a claim against that motorist's liability insurance, separate from the Proposition 22 benefits.
What to do after an Uber or Lyft accident in California
The first steps after a rideshare crash are the same as any California crash, plus a few that preserve app data. Follow the steps below once everyone is safe.
- Call 911 if anyone is hurt and ask for the police or CHP report number.
- Screenshot the ride in the app, including the driver's name, vehicle, plate, trip times, and route.
- Get the rideshare driver's personal and rideshare insurance information. California Vehicle Code § 20003 requires drivers in an injury crash to give their name, address, and vehicle registration number.
- Report the crash in the Uber or Lyft app so the company opens an incident record.
- Photograph the vehicles, the scene, and your injuries, and collect witness contact information.
- Get medical care right away and keep every bill and record.
- File a DMV SR-1 report within 10 days if you were driving a vehicle in the crash and anyone was injured or damage exceeded $1,000, as the California DMV requires.
California deadlines for Uber and Lyft accident claims
Rideshare injury claims follow the same California deadlines as other car accident claims. Most injury lawsuits must be filed within two years of the crash under Code of Civil Procedure § 335.1. Insurance policies also set their own notice requirements, so report the claim early.
Under California Code of Civil Procedure § 335.1, an action for injury to or the death of a person caused by the wrongful act or neglect of another must be filed within two years. If a city bus, county vehicle, or dangerous public road contributed to a rideshare crash, Government Code § 911.2 requires a written claim to the public entity within six months.
Talk with Eashoo Law, PC about an Uber or Lyft accident
Eashoo Law, PC handles rideshare accident claims as part of its personal injury practice, serving injured people across Los Angeles County and Southern California. When a crash causes life-changing harm, see our page on catastrophic injury claims. Learn more about founder James Eashoo and the firm.
Call (877) 800-3826 or contact Eashoo Law online for a free consultation about your rideshare accident.
Frequently asked questions about Uber and Lyft accidents in California
How much insurance does Uber have in California?
From the moment a driver accepts a ride until the ride ends, California requires $1,000,000 in primary liability coverage under Public Utilities Code § 5433. While the driver is logged on and waiting for a request, the minimum is $50,000 per person, $100,000 per incident, and $30,000 for property damage, plus $200,000 in excess coverage.
Does Uber or Lyft pay if the other driver was uninsured?
Yes, up to a limit. Since January 1, 2026, Uber and Lyft must provide uninsured and underinsured motorist coverage of $60,000 per person and $300,000 per incident while a passenger is in the car. Senate Bill 371 lowered that requirement from $1 million.
What if the Uber driver's app was off during the crash?
When the app is off, the driver is a private motorist, and their personal auto insurance applies. California's minimum personal policy is $30,000 per person, $60,000 per accident, and $15,000 for property damage. Many personal policies exclude rideshare driving, but those exclusions generally apply only while the app is on.
Do I have to file a claim with the driver's personal insurance first?
No. California Public Utilities Code § 5433(d) states that rideshare insurance coverage shall not depend on a personal auto policy first denying a claim. An injured person can file directly with the rideshare insurer when the crash happened during an active app period.
How long do I have to file an Uber accident lawsuit in California?
Most California Uber and Lyft injury lawsuits must be filed within two years of the crash under Code of Civil Procedure § 335.1. Claims involving a government vehicle or public road defect require a written claim within six months under Government Code § 911.2.
Are Uber drivers covered if they get hurt while driving?
Yes. Under Business and Professions Code § 7455, added by Proposition 22, rideshare companies must provide occupational accident insurance covering at least $1,000,000 in medical expenses for drivers hurt while online. The coverage also pays disability benefits of 66% of average weekly earnings for up to 104 weeks.
Eashoo Law, PC. Attorney responsible for this content: James Eashoo, licensed in California. Offices in Beverly Hills and Studio City, California. Uber and Lyft are trademarks of their respective owners; Eashoo Law, PC is not affiliated with either company. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.