San Diego Rideshare Accident Lawyers

Who Pays After a Rideshare Accident?

• Rideshare Passengers: If your driver was en route or had accepted your ride, Uber or Lyft’s $1 million commercial policy typically applies.
• Drivers of Other Vehicles, Pedestrians, and Cyclists: You may pursue compensation through the rideshare company’s commercial coverage if the driver was active in the app, or through the driver’s personal insurance if not.
• Injured Rideshare Drivers: Coverage depends on the insurance phase, and additional third-party claims may also be available.

Identifying all available insurance policies and pursuing them in the proper order can significantly affect the value of your case.

The 3-Phase Uber/Lyft Insurance System Explained

The single most important factor in a rideshare insurance claim is the driver’s status in the app at the time of the accident. California Assembly Bill 2293 (signed in 2014) established minimum insurance requirements for Transportation Network Companies (TNCs) like Uber and Lyft. Those requirements are now in Public Utilities Code § 5433. The coverage is structured in three phases:

Understanding which phase the driver was in is essential to identifying available compensation. Our attorneys investigate this immediately.

What changed in 2026: Senate Bill 371 cut the uninsured and underinsured motorist coverage that Uber and Lyft must carry for passengers. That is the coverage that pays you when the driver at fault has no insurance or too little. The required amount was $1,000,000. Since January 1, 2026, the law requires $60,000 per person and $300,000 per incident, and the coverage applies only from the moment you get in the car until you get out (Pub. Util. Code § 5433(b)(2)). By law it pays first, ahead of any uninsured motorist coverage you carry yourself. The $1 million liability coverage did not change. The cut matters most when another driver hits your Uber or Lyft and has little or no insurance.

Uber vs. Lyft Insurance in California

Both companies insure to the same state law, so most limits match. The insurer, the airport coverage and the way you report a crash differ. These figures come from each company’s current California certificate of insurance.

San Diego Uber Accident Claims

Once the app is on, an Uber claim in California generally runs through the company’s commercial policy, not the driver’s personal insurer. Uber’s certificate for the March 2026 policy year names AIG Specialty Insurance Company. Two details on that certificate matter in San Diego. There is no uninsured motorist coverage while the driver is heading to pick you up, only once the trip starts. And for crashes on the grounds of San Diego International Airport or McClellan-Palomar Airport in Carlsbad, the uninsured motorist limit is $1,000,000 per accident instead of $60,000 per person and $300,000 per accident.

Reporting is split by role. Drivers report in the Driver app under the Safety Toolkit, then “Report a crash.” Riders and other people involved use separate accident report forms on Uber’s website. Report the crash, but talk to us before you give a recorded statement to Uber’s insurer.

Uber also limits driving time. Since February 2018, the app takes a driver offline for six straight hours after 12 hours of driving time. That limit only counts time on Uber. A driver who switches to another rideshare or delivery app can keep going, so we ask for the driver’s full day, not just the Uber log.

San Diego Lyft Accident Claims

Lyft’s California certificate for the October 2026 policy year names Mobilitas Insurance Company of Arizona. The limits match the state law: $50,000 per person, $100,000 per accident and $30,000 for property damage while the driver waits for a request, with $200,000 in excess coverage on top, then $1,000,000 once a ride is accepted. Uninsured motorist coverage during the ride is $60,000 per person and $300,000 per accident.

Watch one number. Lyft’s national driver insurance page lists property damage coverage of “at least” $25,000 while a driver waits for a request. California requires $30,000 (Pub. Util. Code § 5433(c)), and Lyft’s California certificate shows $30,000. If an adjuster quotes the lower figure for a San Diego crash, ask why.

Lyft tells drivers their claim may be handled by one of several companies, including Allstate (North Light Specialty), Liberty Mutual, Mobilitas, Progressive (United Financial Casualty), State Farm, Crum & Forster and Travelers (Constitution State Services). Lyft takes accident reports through an online form in its help center, and its Claims Customer Care team is available 24/7. In California, Lyft drivers must be at least 25 years old and drive a 2013 or newer vehicle.

Compensation Available to Rideshare Accident Victims

What to Do After a San Diego Rideshare Accident

1. Call 911. Always involve police, a police report is essential for insurance and litigation.
2. Seek medical attention promptly. Whiplash and internal injuries may not surface for 24–72 hours.
3. Document the scene: photos of vehicles, injuries, road conditions, and any signage.
4. Screenshot the Uber/Lyft app showing the ride in progress, trip details, and driver information.
5. Collect witness names and contact information.
6. Report the incident through the Uber or Lyft app and to your own insurance.
7. Do NOT accept any settlement from Uber, Lyft, or their insurance representatives without consulting an attorney.

Two more steps apply only to rideshare crashes. Ask the driver for proof of rideshare insurance. California requires rideshare drivers to carry it whenever they use the app and to show it to anyone involved in a crash, and to police, on request (Pub. Util. Code § 5442). And don’t guess the driver’s app status. When coverage is in question, Uber and Lyft must give the insurers the exact times the driver logged on and off (Pub. Util. Code § 5435). We request those records early.

Who Is Liable in a Rideshare Accident?

Rideshare accidents can involve multiple potentially liable parties:

• The Rideshare Driver — If they drove negligently (speeding, distracted, fatigued, intoxicated)
• Uber or Lyft — For negligent driver screening, failure to enforce safety policies, or direct negligence
• Other Drivers — If a third-party vehicle caused or contributed to the crash
• Vehicle Manufacturers — If a defect (brake failure, tire blowout) caused the crash
• Government Entities — If a road defect, missing signage, or poor maintenance contributed

California’s pure comparative fault rule applies: multiple parties can each be assigned a percentage of fault, and our attorneys will pursue all available defendants.

California Rules for Uber and Lyft Drivers

Rideshare drivers in California work under rules ordinary drivers don’t. When a driver or the company breaks one, that can be strong evidence in your claim.

• Background checks: Uber and Lyft cannot contract with a driver who is on the national sex offender registry or has a violent felony conviction. They also cannot use a driver convicted within the previous seven years of misdemeanor assault or battery, domestic violence, or driving under the influence (Pub. Util. Code § 5445.2).
• Driving record checks: The companies must enroll drivers in the DMV pull-notice system, which lets them check a driver’s record on an ongoing basis (Pub. Util. Code § 5444).
• A lower alcohol limit: With a paying passenger in the car, it is illegal to drive with a blood alcohol level of 0.04 percent or more, half the usual 0.08 limit (Vehicle Code § 23152(e)). That is the same 0.04 limit commercial drivers face.
• Vehicle inspections: Uber and Lyft both require California drivers to pass a vehicle inspection every year or every 50,000 miles, whichever comes first.
• Fatigue: According to the Federal Motor Carrier Safety Administration, being awake for 18 hours is comparable to a blood alcohol level of 0.08 percent. Uber’s 12-hour limit does not stop a driver who works a day job first, or who switches between apps.
• Trip details: When you are matched, the app must show the driver’s first name and photo, the make and model of the car, and the license plate (Pub. Util. Code § 5445.1). Screenshot it.

How Gomez Trial Attorneys Handles Rideshare Cases

• Immediately identify which insurance phase applies and preserve app records, GPS data, and trip receipts
• Request Uber/Lyft incident reports and any prior driver complaints or safety flags
• Coordinate with accident reconstruction experts if causation is disputed
• Navigate simultaneous claims across the driver’s personal insurer, the rideshare company, and any third-party insurers
• Fight for the maximum $1 million commercial policy coverage when applicable

Special Situations: Airport Accidents and Driver Assault Claims

San Diego International Airport (SAN) is one of the most active rideshare pickup/drop-off locations in the county. Accidents at airport curbs, in the designated rideshare zone, or on Airport approach roads may involve jurisdictional nuances and additional parties. Our attorneys are familiar with airport liability frameworks.

Uber’s California certificate of insurance adds one airport detail for passengers. It lists $1,000,000 per accident in uninsured/underinsured motorist coverage for crashes on the premises of San Diego International Airport and McClellan-Palomar Airport, far above its $60,000 per-person limit elsewhere.

Downtown is the other hot spot. The Gaslamp Quarter packs more than 100 restaurants, pubs, nightclubs and shops into 16 square blocks, so pickups and drop-offs stack up there at night. Across the city, San Diego runs more than 1,600 signalized intersections. In an intersection crash, the trip data, the timestamps on your screenshots and any traffic camera footage help show who had the light.

If you were assaulted by a rideshare driver, you may have a separate civil claim against both the driver and the rideshare company. Uber and Lyft have faced significant litigation over driver assault cases, and the companies’ duty to screen and supervise drivers is an active area of California law.

Injured While Driving for Uber or Lyft

If you drive for Uber or Lyft and get hurt, you usually have more than one source of money.

• Occupational accident insurance: Under Proposition 22, the companies must cover drivers hurt while online in the app. Policies pay at least $1 million in medical expenses, plus disability payments of 66 percent of your average weekly earnings for up to the first 104 weeks (Bus. & Prof. Code § 7455). It also pays a death benefit to dependents, but nothing for pain and suffering. It may not apply if, while logged on between trips, you were on a trip for another app or doing something personal (§ 7455(d)).
• A claim against the driver who hit you: If another driver caused the crash, you can claim against that driver’s insurance for the rest of your losses, including pain and suffering.
• Uninsured/underinsured motorist coverage: If you had a passenger aboard and the other driver had too little insurance, the company’s $60,000 per person, $300,000 per incident coverage may apply.
• Damage to your car: Your personal auto policy generally does not cover you while you are logged into the app unless it expressly includes rideshare coverage (Pub. Util. Code § 5434). Once you accept a ride, Uber and Lyft both carry contingent comprehensive and collision coverage with a $2,500 deductible, but only if your personal policy includes comprehensive and collision.

Drivers also have reporting duties. If anyone is hurt, the driver must make a written report to the CHP or the city police within 24 hours (Vehicle Code § 20008). The driver must also report to the DMV within 10 days if anyone is hurt or damage to any one person’s property tops $1,000 (Vehicle Code § 16000).

Statute of Limitations for Rideshare Accident Claims

California’s two-year statute of limitations (Code of Civil Procedure §335.1) applies to personal injury claims arising from rideshare accidents. The clock starts on the date of the accident. Claims involving government entities (e.g., a city bus or government vehicle colliding with the rideshare) have a shorter six-month window for filing an administrative claim. Do not delay—contact us immediately.

FREQUENTLY ASKED QUESTIONS (FAQs)

Can I sue Uber or Lyft directly after an accident?

Generally, Uber and Lyft classify their drivers as independent contractors, which limits direct claims against the company itself. Proposition 22 makes that classification law when the company meets its conditions (Bus. & Prof. Code § 7451). However, the company’s commercial insurance policy (up to $1 million when a ride is in progress) is available to compensate injured parties, and California’s rideshare insurance law says it does not limit a company’s liability above the required coverage (Pub. Util. Code § 5433(f)). In some cases, such as negligent driver screening or driver assault, claims against the company may be possible. An attorney will evaluate the best strategy for your case.

What if the rideshare driver’s app was off when the accident happened?

If the app was off, Uber and Lyft’s insurance does not apply. You would need to pursue the driver’s personal auto insurance. If that coverage is insufficient, you may have an underinsured motorist (UIM) claim through your own policy. Our attorneys will analyze all available coverage.

I was hit by a rideshare driver as a pedestrian. Can I still recover?

Yes. Pedestrians and cyclists struck by Uber or Lyft drivers are entitled to compensation from the rideshare company’s commercial insurance when the driver was on an active trip. Our attorneys have handled these claims successfully.

Does it matter if I was using Uber Pool / shared ride?

No. Your eligibility for compensation is the same regardless of whether you booked a standard trip, UberX, Pool, or Lyft Shared. The same $1 million commercial coverage applies once a ride has been accepted.

How long do rideshare accident cases take?

Cases with clear liability and cooperation from insurers can settle within 6–18 months. Cases with disputed fault, serious injuries, or multiple defendants can take longer. We keep you informed throughout the process and will advise you on whether a settlement offer is fair.

What if my rideshare driver was also injured? Can they sue the company?

Usually not for workers’ compensation, which app-based drivers generally can’t get from Uber or Lyft. Proposition 22 (2020) makes app-based drivers independent contractors when the company meets set conditions (Bus. & Prof. Code § 7451), and the California Supreme Court upheld that rule in Castellanos v. State of California on July 25, 2024. Prop 22 does give injured drivers something. Uber and Lyft must carry occupational accident insurance for drivers hurt while online in the app: at least $1 million for medical expenses, plus disability payments of 66 percent of average weekly earnings for up to the first 104 weeks (Bus. & Prof. Code § 7455). If another driver caused the crash, an injured rideshare driver can also bring a claim against that driver’s insurer.

Which insurance company handles Uber and Lyft claims in San Diego?

For Uber, the California certificate of insurance for March 2026 to March 2027 names AIG Specialty Insurance Company. For Lyft, the certificate for October 2026 to October 2027 names Mobilitas Insurance Company of Arizona, and Lyft tells drivers that claims may be handled by one of several companies, including Allstate, Liberty Mutual, Progressive, State Farm, Crum & Forster and Travelers. If the driver’s app was off, the claim goes to the driver’s own auto insurer instead.

Does Uber or Lyft insurance pay if another driver hit my rideshare?

It can. Start with a claim against the other driver’s insurance. If that driver has no insurance or not enough, the rideshare company’s uninsured/underinsured motorist coverage applies for the time you were in the car. Since January 1, 2026, the law requires $60,000 per person and $300,000 per incident, down from $1,000,000 before Senate Bill 371. The limit on the company’s policy for the date of your crash is what counts. It pays before any uninsured motorist coverage on your own policy.

Do I have to report a rideshare accident to Uber or Lyft?

Drivers report to the company: Uber drivers in the Driver app, Lyft drivers through Lyft’s online accident report. Passengers and other people involved can report too, and it helps. Uber has separate online accident forms for riders and for third parties, and Lyft takes accident reports through its help center 24 hours a day. Call 911 or the police at the scene as well. Keep your report short and factual, and don’t give a recorded statement to either company’s insurer before you talk with a lawyer.

Is an Uber or Lyft driver held to a lower DUI limit?

Yes, when a paying passenger is in the car. California makes it illegal to drive with a blood alcohol level of 0.04 percent or more with a passenger for hire aboard, half the 0.08 limit for other drivers (Vehicle Code § 23152(e)). A driver at 0.05 with you in the back seat is breaking the law, even though the same driver alone in the car would be under the general limit.

Why Choose Gomez Trial Attorneys for Your Rideshare Case?

Gomez Trial Attorneys has recovered more than $1 billion for injured clients and is recognized as one of San Diego’s leading trial law firms. We represent rideshare accident victims throughout San Diego County, including Downtown San Diego, Mission Valley, La Jolla, Pacific Beach, Chula Vista, and El Cajon. Insurance companies know we prepare every case as if it will go to trial and that reputation often leads to stronger settlement offers.

We have handled complex, high-exposure cases against major corporations and insurers. When you hire our firm, you are backed by experienced litigators who understand how to navigate rideshare insurance structures and maximize recovery under commercial policies.

Free Consultation — No Fees Until We Win.