Uber and Lyft Accident Claims in California

California's Public Utilities Code calls rideshare companies like Uber and Lyft transportation network companies and sets insurance rules based on what the driver was doing in the app (Public Utilities Code §5433 (opens in a new tab)). The law requires primary rideshare insurance in two situations, and the coverage required is higher once a ride is accepted:

• Logged on, waiting for a ride request

  From when the driver logs on until they accept a request, and again after a ride ends until they accept another or log off, the law requires primary rideshare insurance at set minimum amounts.

  Source: Public Utilities Code §5433 (opens in a new tab)

• Ride accepted, through the end of the trip

  From when the driver accepts a ride request until the trip is complete, the law requires primary rideshare insurance at a higher amount.

  Source: Public Utilities Code §5433 (opens in a new tab)

• Passengers in the car

  From when a passenger gets in until they get out, the rideshare company must also provide uninsured and underinsured motorist coverage, which comes first, ahead of the passenger's own coverage.

  Source: Public Utilities Code §5433 (opens in a new tab)

When a driver isn't logged on to the app, the rideshare insurance rules in §5433 don't apply, and the driver's own auto insurance is usually the place to start.

These rules can change, so check with a lawyer about the rules in effect on the date of your crash.

If you were riding in the car, the driver had accepted your ride, so the higher level of primary rideshare insurance applies to the trip. If another driver caused the crash and had no insurance, or not enough, the rideshare company's uninsured and underinsured motorist coverage for passengers applies while you're in the vehicle, ahead of your own coverage (Public Utilities Code §5433 (opens in a new tab)). Which policy pays, and how much, depends on who was at fault.

It depends on the driver's status in the app when the crash happened. If the driver was logged on, on the way to a pickup or carrying a passenger, the rideshare insurance required by law should apply, at the level for that period. If the driver was offline, the driver's own auto insurance is usually the starting point. Records of the driver's app status are central to these claims, which is one reason to get help early.

Rideshare drivers in California are independent contractors, not employees or agents, of the rideshare company when certain conditions are met (Business and Professions Code §7451 (opens in a new tab)). That's part of why the required insurance matters so much in these cases.

The same steps as after any car accident, plus a few that are specific to rideshare. Get medical help, exchange information, take photos and get witness names. Then save the trip details from the app before they're hard to find, and report the crash to the police if anyone was hurt.

• Take screenshots of the trip in your app: the driver's name, the car, the license plate, the route and the times
• Write down whether the driver had a passenger or said they were on a trip
• Get the police report number if an officer came
• Talk to a lawyer before you talk to any insurance company, including your own
• Don't sign anything or give a recorded statement before you get advice

If anyone was hurt, the drivers involved must make a written report within 24 hours to the CHP or, inside a city, to the CHP or the city police department, and report the crash to the DMV within 10 days (Vehicle Code §20008 (opens in a new tab); §16000 (opens in a new tab)). Our guide to what to do after a car accident has the full checklist.

Generally two years from the crash to file a lawsuit for injuries in California. Claims under your own uninsured motorist coverage have their own two-year rule, and claims against a California public agency generally need a written claim within six months. Because several insurance policies can be involved, it's best not to wait.