Hurt in an Uber or Lyft accident in LA: whose insurance pays?

Rideshare accidents are more complicated than ordinary crashes because more than one insurance policy can be involved. Which one applies depends mostly on one question: what was the driver's app doing at the moment of the crash?

Why the app status matters

California law requires Uber, Lyft, and other rideshare companies to carry insurance for their drivers, but the amount changes with what the driver was doing:

  • App off: the driver is just a private driver. Their personal auto insurance applies.
  • App on, waiting for a ride request: the rideshare company's coverage is limited. State law sets minimums of $50,000 per person and $100,000 per accident for injuries, and $30,000 for property damage, plus additional excess coverage.
  • On the way to a pickup, or with a passenger in the car: the rideshare company's policy must provide at least $1 million in liability coverage.

These are minimums set by the California Public Utilities Code and can change. The actual policy limits in your case are something your attorney can confirm.

If you were the passenger

Passengers are usually covered no matter which driver caused the crash. If another driver was at fault, there may be a claim against that driver's insurance too.

What to save

  • Screenshots of the trip in your app: the driver's name, car, plate, and the trip receipt with the time.
  • The driver's insurance information and the other driver's, if another car was involved.
  • The police report number. On freeways the CHP responds. On city streets, usually LAPD or the Sheriff's Department.
  • Photos of both cars, the scene, and any injuries.

Report the accident in the app as well. Be careful what you write: stick to facts, and don't describe your injuries as "fine" before you've seen a doctor.

Talk to an attorney before giving statements

Rideshare companies and their insurers have experienced claims teams. You're not required to give a recorded statement to another party's insurer. An attorney experienced with rideshare cases can tell you which policies apply and handle the communication for you.

General information, not legal advice. Coverage depends on the facts and the policies involved. Talk to a licensed California attorney about your situation.
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