Hit by a Waymo in California: Who Pays After a Driverless Car Crash

Driverless robotaxis are now common on Los Angeles streets, and so are crash reports involving them. When there is no human driver behind the wheel, injured people ask a fair question: who pays? The answer still runs through familiar ideas like negligence, insurance, and evidence, but the evidence looks different and the companies involved are large and well represented.

In plain terms: California Vehicle Code section 38750 defines an autonomous vehicle as a vehicle with integrated technology that can drive it without active physical control or monitoring by a human operator, at SAE automation Levels 3, 4, or 5. A driverless robotaxi crash claim is a claim for injuries or property damage when one of those vehicles is involved, whether you were in another car, walking, riding a bike, or riding inside the robotaxi.

This page is general information, not legal advice. Crash counts below come from published reporting on a Los Angeles Times analysis. A crash report does not mean a Waymo, or anyone else, was at fault.

If you were hurt in a crash with a driverless car anywhere in California, Win Attorneys handles motor vehicle accidents, rideshare and delivery accidents, UM and UIM claims, personal injury claims, and wrongful death and catastrophic injury matters statewide. Seek medical care first.

Talk to us at (562) 296-5380 or reach out through our contact page for a free case review. Office: 17291 Irvine Blvd., Suite 210, Tustin, CA 92780.

What the Los Angeles Times Analysis Found

On October 5, 2026, the Los Angeles Times published an analysis of federal crash reports filed with the National Highway Traffic Safety Administration and California autonomous vehicle crash records, compiled on the California Autonomous Vehicle Crash Dashboard built by researchers at UC Berkeley’s Safe Transportation Research and Education Center. As summarized by Korea Daily, KFI AM 640, and Autobody News:

2024: Waymo reported 69 crashes in Los Angeles County.
2025: Waymo reported 219 crashes in the county, more than triple the prior year.
2026 so far: 186 more crashes had been reported as of the Times analysis.
Injury levels this year: more than 80% of this year’s county crashes involved no apparent injury, about 15% involved possible injury, and fewer than 1% involved a suspected serious injury.
Vehicle movement: in 82 of this year’s crashes the Waymo was stopped, and in 65 it was traveling straight.

Waymo says its crash rate per million miles has fallen, from about 57 in 2023 to 13.7 in 2024, 6.7 in 2025, and under six this year, and that it has reported no crashes with serious or fatal injuries across about 67 million miles in Los Angeles. Researchers quoted in the coverage cautioned that robotaxis operate in limited conditions, so comparisons with human drivers have limits.

The takeaway for injured people is practical. More driverless miles mean more chances to be involved in a crash with one, even when most are minor.

Who May Pay: An Educational Map

Recovery after a driverless car crash can involve several layers. Educational framing only:

The autonomous vehicle company and its coverage. California requires a manufacturer testing autonomous vehicles to carry insurance, a surety bond, or proof of self-insurance in the amount of $5,000,000, and requires manufacturers applying to operate them to certify they will maintain the same amount. That is a statutory requirement, not a statement of any company’s actual policy limits.
Other human drivers. Many robotaxi crashes involve a human-driven car too. That driver and their insurer may be responsible in whole or in part. California uses comparative fault, so responsibility can be shared.
Product and design questions. When software, sensors, or vehicle design may have contributed, counsel evaluates whether product liability theories apply alongside negligence.
Your own auto policy. MedPay can help with early medical bills. UM and UIM coverage can matter when a human driver involved in the crash was uninsured, underinsured, or fled.
Public entities. If a city bus, government vehicle, or road condition was involved, a written government claim is generally due within six months. See our guide to the California transit six-month claim deadline.

When the maker of a vehicle or machine is based outside the United States, a separate question comes first: whether a foreign manufacturer can be sued in California.

Nothing about a driverless car changes the basic need to prove what happened and what harm it caused.

If You Were a Passenger in a Waymo

Riders hurt inside a robotaxi raise their own questions. Who was operating the trip? What duty does a paid passenger service owe its riders? Did another vehicle cause the crash? Was there a vehicle or software issue?

Report the crash in the app and to police when appropriate, and keep your trip receipt and ride details.
Photograph your injuries, the vehicle interior, and the scene if it is safe.
Check your own policy. Your MedPay and UM and UIM coverage may apply in some passenger situations, depending on policy language.
Talk to counsel before signing any release offered through an app or a claims representative.

Our rideshare and delivery accidents page and our guide on rideshare UM and UIM under SB 371 cover related coverage questions for app-based rides.

Evidence to Request After a Driverless Car Crash

Driverless cars record a great deal. Getting that record is often the heart of the case.

Sensor data. Vehicle Code section 38750 requires manufacturers applying to operate autonomous vehicles to certify that the vehicle has a separate mechanism to capture and store sensor data for at least 30 seconds before a collision in autonomous mode, preserved for three years after the collision.
Camera video and logs. Ask counsel to request preservation of any video recorded by the vehicle, along with remote assistance and support logs for the trip.
DMV collision reports. Under California Code of Regulations, title 13, section 227.48, a manufacturer testing under a DMV testing permit must report a collision involving property damage, injury, or death within 10 days on form OL 316, Report of Traffic Collision Involving an Autonomous Vehicle, naming the people involved and describing how the collision happened. The DMV links to manufacturer collision reports from its autonomous vehicle pages.
Police and CHP reports, witness names, and nearby business or doorbell video.
Medical records from the first visit forward.

You can also report an autonomous vehicle incident or safety concern directly to the DMV through its AV Incident Form, or to NHTSA through its Automated Vehicle Complaint Form.

Preservation Letters Matter

A preservation letter is a written demand that a company keep specific evidence, such as video, sensor logs, and communications, because a claim is expected. Data systems can overwrite or archive information on routine schedules. Sending a clear, specific letter early, through counsel, helps protect the record and puts the company on notice. Do not rely on a news story or a customer service ticket to preserve evidence for you.

What California’s New SB 1246 Does

On September 30, 2026, Governor Newsom approved Senate Bill 1246, chaptered as Chapter 1021, Statutes of 2026. Its main provisions become operative July 1, 2028. According to the chaptered text:

Local incident technicians. Autonomous vehicle manufacturers must immediately dispatch local incident technicians after notice of a crash or incident that immobilizes a vehicle, blocks traffic or emergency access, or creates a roadway hazard, and when an emergency official or 911 center asks.
Remote drivers. Remote drivers must be located in the United States and hold a driver’s license valid for operation in California.
Fleetwide failures. Manufacturers must notify affected local jurisdictions about vehicle locations and status during a fleetwide emergency or system failure.
Response data. Manufacturers must give the DMV quarterly records on incident response, including crashes, and the DMV must publish summary statistics by manufacturer.
Civil penalties. A city attorney or county counsel may sue for penalties of up to $5,000 per violation of the technician rules, and up to $10,000 per vehicle that obstructs emergency or law enforcement operations for more than 30 minutes after a technician is requested. Penalties are payable to the local jurisdiction.

SB 1246 focuses on emergency response and oversight. An injured person’s compensation claim still runs through negligence, product, and insurance rules, but the new response records may become useful evidence once the law takes effect.

UM and UIM, MedPay, and Deadlines

MedPay may pay early medical bills regardless of fault, depending on your policy.
UM and UIM can matter when a human driver in the crash had no insurance or too little. See UM and UIM claims.
Two years is California’s general deadline to file a lawsuit for personal injury or wrongful death under Code of Civil Procedure section 335.1.
Six months is the general deadline for a written claim against a public entity for injury or death under Government Code section 911.2. Read California government claims filing too early for timing traps.

What to Do in the First Days

Seek medical care, even if you feel fine. Some injuries show up later.
Photograph the robotaxi, including its plate and any vehicle number shown, and the scene.
Get the police report number and names of witnesses.
Notify your own insurer without giving a recorded statement on fault.
Call counsel early so preservation letters go out before data is overwritten.

California Reach for Driverless Car Crashes

Robotaxis are operating in Los Angeles and other California markets, and more are coming. Win Attorneys helps injured people statewide, with deep roots across Southern California and our Tustin office.

Our office is fluent in Spanish and Vietnamese. Prefer to talk in either language? Say so when you call or contact us.

Talk With Win Attorneys

If a driverless car hit you, your family, or your vehicle, or you were hurt riding in one, you do not have to take on a technology company and its insurers alone.

Talk to us at (562) 296-5380, write through our contact page, or visit 17291 Irvine Blvd., Suite 210, Tustin, CA 92780. The case review is free. You focus on recovery. We help with evidence requests, preservation, and coverage.

Driverless Car Crash FAQs

Who pays if a Waymo hits me in California?

Depending on the facts, possible sources include the autonomous vehicle company and its insurance or self-insurance, any human driver who shared responsibility, product liability defendants if a defect contributed, and your own MedPay or UM and UIM coverage. Counsel builds that picture from the evidence.

Is a driverless car company automatically at fault in a crash?

No. Fault depends on what happened. Many robotaxi crashes involve human drivers, and the Los Angeles Times analysis found that in 82 of this year’s Los Angeles County Waymo crashes the robotaxi was stopped. California uses comparative fault, so responsibility can be shared.

What insurance does a driverless car company have to carry in California?

Vehicle Code section 38750 requires a manufacturer testing autonomous vehicles to have insurance, a surety bond, or proof of self-insurance of $5,000,000, and requires applicants to operate them to certify they will maintain that amount. Actual coverage in a given crash is something counsel confirms.

What evidence should I request after a Waymo crash?

Ask counsel to seek the vehicle’s sensor data and camera video, remote support logs, any DMV collision report on form OL 316, the police report, witness information, and nearby video. California law requires stored pre-crash sensor data to be preserved for three years, but a preservation letter should go out early.

Does SB 1246 let me recover money after a robotaxi crash?

SB 1246, Chapter 1021, Statutes of 2026, sets emergency response and oversight rules that take effect July 1, 2028. Its civil penalties are enforced by a city attorney or county counsel and paid to the local jurisdiction. Injury compensation still runs through negligence, product, and insurance claims.

What if I was a passenger in a Waymo when it crashed?

Seek medical care, save your trip details, document the scene, and talk to counsel before signing any release. Depending on what happened, claims may involve the robotaxi company, another driver, or a product issue, and your own MedPay or UM and UIM coverage may apply.

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

California’s general deadline to file a personal injury lawsuit is two years under Code of Civil Procedure section 335.1. If a public entity is involved, a written government claim is generally due within six months under Government Code section 911.2. Call early so evidence is preserved.

Disclaimer

This page is general information for educational purposes. It is not legal advice and does not create an attorney-client relationship. Crash figures are attributed to a Los Angeles Times analysis as summarized in published reporting, and Waymo’s statements are attributed to the company. A crash report is not a finding of fault. Outcomes depend on the facts of each matter. Seek medical care for injuries. Consult a licensed California attorney about your situation.