Hurt in a Waymo or Robotaxi Crash in California: Who Pays and What to Save

Driverless rides are now part of everyday life in San Diego. On October 14, 2026, Waymo announced that anyone in San Diego can download its app and hail a fully autonomous ride, after the company opened service in the city earlier in the year. More robotaxis on the road means more people who will someday be in, near, or hit by one.

In short: when a robotaxi crash injures you, the company operating the vehicle, another human driver, or in some cases a manufacturer may be responsible, depending on the facts. Your path differs depending on whether you were a passenger, another driver, or a pedestrian or cyclist. Passengers should know that Waymo’s rider terms send most disputes to individual arbitration and set their own notice rules. Whoever you are, the most important early step is to save evidence and request that the company preserve its video and sensor data.

If you were hurt in a robotaxi or rideshare crash in San Diego or anywhere in California, Win Attorneys handles rideshare and delivery accidents and motor vehicle accidents statewide. Seek medical care first, even if you feel fine.

Talk to us at (562) 296-5380 or reach out through our contact page to discuss your situation. Office: 17291 Irvine Blvd., Suite 210, Tustin, CA 92780.

What Changed in San Diego, and What the Crash Data Show

Waymo’s October 14 announcement said that, starting that day, anyone in San Antonio, San Diego, and Tampa can download the Waymo app and hail a fully autonomous ride, and that the company had welcomed hundreds of thousands of riders in those cities since opening service earlier in the year.

Los Angeles offers a preview of what wider use can bring. An October 5, 2026 Los Angeles Times analysis of autonomous vehicle crash data filed with the National Highway Traffic Safety Administration reported that Waymo had 219 crashes in Los Angeles County in 2025, more than triple its 69 in 2024, and 186 so far in 2026. The Times reported that more than 80 percent of this year’s Waymo crashes in the county caused no apparent injuries, and that many happened while the vehicles were stopped. The Times also reported that the California Public Utilities Commission, not individual cities, currently governs the expansion of robotaxis into new cities, and that the San Diego City Council voted to ask the state for more local authority.

Most robotaxi crashes, in other words, are minor. But some are not, and the legal questions after a serious one are different from an ordinary fender bender. We covered the Los Angeles numbers in more depth in our earlier guide, Hit by a Waymo in California: Who Pays After a Driverless Car Crash. This page focuses on San Diego and on who pays.

Who May Be Responsible

California’s general negligence rule, Civil Code section 1714, makes everyone responsible for injuries caused by a lack of ordinary care. In a robotaxi crash, the candidates usually include:

The company operating the robotaxi. With no human driver, the operating company is often the focus. Vehicle Code section 38750 defines the “operator” of a driverless autonomous vehicle as the person who causes the autonomous technology to engage, and requires a manufacturer to be approved by the DMV before operating on public roads.
Another human driver. Many robotaxi crashes involve a human driver in another vehicle. If that driver was careless, their insurance may be the main source of payment.
A manufacturer or parts supplier, in some cases, if a defect in the vehicle or its systems caused or worsened the crash. These product claims are complex and depend heavily on technical evidence.

Fault is never automatic. A robotaxi can be struck while stopped, and the evidence may point to another driver, to the autonomous system, or to several parties at once. California’s comparative fault rules can divide responsibility among them.

Your Role Changes the Path

If you were a passenger in the robotaxi

California Civil Code section 2168 defines a common carrier as anyone who offers to the public to carry persons, and section 2100 requires a carrier of persons for reward to use the utmost care and diligence for their safe carriage. Whether and how these rules apply to a driverless ride hail service is not settled in any source we reviewed, so treat that as an open question. Even under ordinary negligence rules, a passenger who did nothing to cause the crash is often in a strong position on fault.

The bigger practical issue for riders is the contract. Waymo’s current Terms of Service, last updated September 29, 2026, include:

Individual arbitration. Claims about the services generally must be resolved by binding, individual arbitration before JAMS rather than in court, with no class actions and no jury trial.
Exceptions. Individual disputes that qualify for small claims court, certain intellectual property disputes, and individual claims arising from sexual assault or misconduct by a Waymo agent or employee are excluded.
A 30 day opt-out. A rider may opt out of arbitration within 30 days of first accepting a version of the terms by emailing the address listed in the terms.
A written notice first. Before arbitration, a claimant must send a “Claimant Notice” by certified mail that includes a personally signed statement from the claimant, not their counsel, verifying its contents. The parties then have a 45-day informal resolution period, during which the terms say statutes of limitation are tolled.
Two years to give notice. To the extent permitted by law, a claim must be included in a Claimant Notice within two years after it arises, or the terms say it is permanently barred.
Injury carve-out. The terms’ limits on Waymo’s liability do not apply to personal injury or property damage to the extent caused by Waymo’s negligence or a defect in its services.

Whether any clause is enforceable in a particular case is a legal question. Read the terms in your app, and get advice before you sign anything or send a notice.

If you were driving another vehicle

You are generally not a party to the robotaxi company’s rider terms, so your claim usually proceeds like any other auto claim, against whichever party may be responsible. Expect the company to have detailed video and sensor data, and expect that data to be central to any dispute about fault.

If you were walking or riding a bike

Pedestrians and cyclists are also generally not bound by rider terms. Injuries to people outside a vehicle are often serious, and the evidence the robotaxi recorded can be decisive. Our pedestrian and micromobility accidents page explains how those claims work.

Evidence: What Exists and How to Protect It

Driverless vehicles generate far more data than a typical car crash. Key sources include:

Sensor data. Under Vehicle Code section 38750, a manufacturer applying to operate autonomous vehicles must certify that the vehicle has a separate mechanism that captures and stores sensor data for at least 30 seconds before a collision in autonomous mode, preserved for three years.
Camera video and trip logs held by the company, including interior and exterior footage and remote assistance records.
NHTSA crash reports. Under NHTSA’s Third Amended Standing General Order 2021-01, which took effect June 16, 2025, named companies must report crashes when an automated driving system was in use within 30 seconds of the crash and the crash caused certain property damage, a fatality, a vulnerable road user being struck, an air bag deployment, a tow away, or a hospital transport. NHTSA publishes summary data monthly, but personal information is removed and companies may claim parts of the narrative as confidential, so the public file is a starting point, not the full record.
Police reports, witness names, and nearby business or home video.

A preservation letter is a written request that the company keep specific video, sensor data, and communications because a claim is expected. Sending one early helps protect the record. Do not assume a support ticket in the app preserves anything.

What to Save After a Robotaxi Crash

Photos and video of the scene, the vehicles, and your injuries.
The trip receipt, ride details, and any in-app messages or support chats.
Names and contact details of witnesses.
The police report number.
Every medical record and bill, starting with the first visit.
Your own insurance policy declarations page.

Insurance: Where the Money Comes From

The operating company’s coverage. Vehicle Code section 38750 requires a manufacturer to have insurance, a surety bond, or self-insurance of $5,000,000 for testing, and to certify that it will maintain that amount to be approved for operation. The actual coverage in a given crash is something counsel confirms.
The other driver’s liability insurance, when a human driver may be at fault.
Your own UM and UIM coverage, which may matter when an at-fault human driver is uninsured, underinsured, or flees. Whether it applies depends on your policy language.
MedPay, which on many auto policies helps with medical bills regardless of fault, depending on the terms.

Our earlier guide discusses SB 1246 (Chapter 1021, Statutes of 2026), whose main provisions become operative July 1, 2028 and focus on emergency response and incident reporting by autonomous vehicle companies. It does not change how injured people are compensated.

Deadlines

The general deadline to file a personal injury lawsuit in California is two years under Code of Civil Procedure section 335.1. If you were a Waymo rider, the terms also require a Claimant Notice within two years, to the extent permitted by law. If a public vehicle or road condition may be involved, a government claim generally must be presented within six months. Acting early protects both your deadlines and the evidence.

Talk With Win Attorneys

Win Attorneys helps people hurt in crashes across San Diego, Orange County, Los Angeles, and the rest of California from our Tustin office. Learn more about our work in San Diego. Robotaxi cases often turn on data the company controls, and we can help request it quickly. Our office is fluent in Spanish and Vietnamese; say so when you call.

Talk to us at (562) 296-5380, write through our contact page, or visit 17291 Irvine Blvd., Suite 210, Tustin, CA 92780.

Robotaxi Crash FAQs

Who pays if a Waymo hits me in San Diego?

It depends on the facts. The company operating the robotaxi, another human driver, or in some cases a manufacturer may be responsible. Their insurance, and sometimes your own UM, UIM, or MedPay coverage, may help pay for injuries.

Do I have to arbitrate if I was hurt as a Waymo passenger?

Possibly. Waymo’s Terms of Service, last updated September 29, 2026, send most claims to individual arbitration before JAMS unless the rider opted out within 30 days of first accepting the terms. Whether the clause is enforced in a given case is a legal question.

Does the arbitration clause apply if I was a pedestrian or another driver?

Generally no. People who are not Waymo riders have not accepted the rider terms, so their claims usually proceed like other injury claims.

Is a robotaxi company a common carrier in California?

That is not settled in the sources we reviewed. Civil Code section 2168 defines a common carrier as anyone who offers to the public to carry persons, and section 2100 requires utmost care for passengers carried for reward.

What evidence does a robotaxi record?

Vehicle Code section 38750 requires stored sensor data covering at least 30 seconds before a collision, kept for three years. Companies also typically hold camera video and trip logs. A preservation letter helps protect that evidence.

What is the NHTSA Standing General Order?

NHTSA’s Third Amended Standing General Order 2021-01, effective June 16, 2025, requires named companies to report certain crashes involving automated driving systems. NHTSA publishes summary data with personal information removed.

How long do I have to file a claim after a robotaxi crash?

The general deadline for a personal injury lawsuit in California is two years under Code of Civil Procedure section 335.1. Waymo’s rider terms also require a Claimant Notice within two years, to the extent permitted by law.

Disclaimer

This page is general information for educational purposes. It is not legal advice and does not create an attorney-client relationship. Service details are attributed to Waymo’s October 14, 2026 announcement and crash figures to the Los Angeles Times analysis of October 5, 2026. Rider terms are summarized from Waymo’s Terms of Service last updated September 29, 2026, and may change. No fault is assigned to anyone. Outcomes depend on the facts of each matter. Seek medical care for injuries. Consult a licensed California attorney about your situation.