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After an Uber or Lyft crash in California, whose insurance pays usually depends on what the driver’s app showed at the moment of the crash. With the app off, the driver’s personal auto policy is the starting point. With the app on and the driver waiting for a ride, state law requires a lower layer of rideshare coverage. Once the driver accepts a ride, through the end of the trip, the required coverage rises to one million dollars. Passengers, other drivers, cyclists and pedestrians all fit into this framework. This guide explains it in plain terms. It is general information and does not describe any particular crash.
What law sets rideshare insurance in California?
California calls Uber and Lyft transportation network companies, or TNCs. Public Utilities Code section 5433 requires the company and each participating driver to maintain TNC insurance, and it sets different amounts for different app periods. The coverage can come from the company, from a rideshare policy the driver buys, or from a combination. Our robotaxi and rideshare injury page covers the bigger picture.
The three app periods
App off
If the driver was not logged in to the app, section 5433 does not apply. The driver is treated like any other driver, and the claim usually starts with the driver’s personal auto policy. Some personal policies limit coverage for rideshare use, so the app status matters even here.
App on, waiting for a ride request
From the moment the driver logs on until the driver accepts a ride, and again after a trip ends until the next request or log off, section 5433(c) requires primary coverage of at least $50,000 per person and $100,000 per incident for death and personal injury, and $30,000 for property damage. The company must also carry at least $200,000 per occurrence in excess coverage for that period.
Ride accepted, en route, or with a passenger
From the moment the driver accepts a ride request until the trip is complete, section 5433(b) requires primary TNC insurance of $1,000,000 for death, personal injury and property damage. This covers the drive to pick up the rider as well as the trip itself.
The law also says rideshare coverage does not depend on a personal auto policy first denying the claim, and that if a driver’s own rideshare policy has lapsed, the company must provide the coverage from the first dollar.
If you were a passenger
A passenger can usually look to the $1,000,000 coverage if the rideshare driver was at fault. If another driver caused the crash, that driver’s insurance comes first. If the other driver had no insurance or not enough, section 5433(b)(2) requires the company to provide uninsured and underinsured motorist coverage from the moment you enter the car until you exit. Since January 1, 2026, that coverage is $60,000 per person and $300,000 per incident, and it is primary over your own UM or UIM coverage. Our post on rideshare UM and UIM after SB 371 explains the change, and our UM and UIM claims page explains how those claims work.
If you were in another car
If a rideshare driver hit your car, the claim follows the app period: the driver’s personal policy with the app off, the lower layer while the driver waited for a request, and the $1,000,000 layer from acceptance through the end of the trip. If you are not sure which applies, the insurer can be asked to confirm the app status. Your own policy’s uninsured and underinsured motorist coverage and medical payments coverage may also help.
If you were walking or riding a bike or e-bike
Pedestrians and riders are treated the same way as other drivers. The required liability coverage depends on the app period at the moment of the crash. Your own auto policy may also include uninsured and underinsured motorist coverage or medical payments coverage that can apply even when you were not in a car, depending on its terms. See our rideshare and delivery accident page.
Who decides fault?
Rideshare insurance answers who pays, not who caused the crash. Fault is decided the same way as in any crash, by what each driver did. California uses comparative fault, so a share of fault reduces a recovery rather than ending it. The company can also be responsible beyond the insurance minimums in some cases, and section 5433(f) says the article does not limit that liability.
What to save
- Screenshots of the trip in your app, including the driver’s name, car, time and route.
- Photos of the cars, the scene and your injuries.
- The other driver’s license, insurance and plate information.
- The police or California Highway Patrol report number. Our guide explains how to get a California crash report.
- Your own auto policy declarations page, to check UM, UIM and medical payments coverage.
For crashes on or after January 1, 2027, a new law may also affect how certain medical bills are handled in rideshare claims. See our post on SB 623 and rideshare medical liens.
What are the deadlines?
- Two years for most personal injury lawsuits in California (Code of Civil Procedure section 335.1).
- Six months to present a written claim if a public entity may share responsibility, such as for a dangerous road (Government Code section 911.2).
Your own insurance policy may also have notice and claim timing rules, so report the crash to your insurer promptly.
Frequently asked questions
Whose insurance pays after an Uber or Lyft crash in California?
It depends on the app status. With the app off, the driver’s personal policy. With the app on and waiting, at least $50,000 per person and $100,000 per incident plus $200,000 excess. From ride acceptance to the end of the trip, $1,000,000.
Is the $1 million coverage available before the passenger gets in?
Yes. Under Public Utilities Code section 5433(b), it applies from the moment the driver accepts a ride request until the trip is complete, including the drive to the pickup.
What if the other driver had no insurance?
A passenger can use the rideshare company’s uninsured and underinsured motorist coverage, $60,000 per person and $300,000 per incident, which applies from entry until exit and is primary over the passenger’s own coverage.
I was a pedestrian hit by a rideshare driver. Who pays?
The same app periods apply. The driver’s personal policy, the waiting period coverage or the $1,000,000 coverage may apply, and your own auto policy may offer medical payments or uninsured motorist coverage depending on its terms.
Does the rideshare insurer have to wait for my personal insurer to deny the claim?
No. Section 5433(d) says rideshare coverage does not depend on a personal auto policy first denying a claim.
How long do I have to file?
Generally two years to file a personal injury lawsuit under Code of Civil Procedure section 335.1, and six months for a claim against a public entity.
Talk to us
If you were hurt in a rideshare crash as a passenger, driver, rider or pedestrian, we are here to listen and explain your options. Win Attorneys is a California firm that represents injured people throughout the state. Talk to us at (562) 296-5380. We speak Spanish and Vietnamese.
Hablamos español. Chúng tôi nói tiếng Việt.
Win Attorneys, 17291 Irvine Blvd., Suite 210, Tustin, CA 92780. Phone (562) 296-5380.
This article is general information and is not legal advice. Reading it does not create an attorney-client relationship.
Sources: Public Utilities Code section 5433, Code of Civil Procedure section 335.1, Government Code section 911.2.