Who Pays After an Accident With an Uber or Lyft in California? Passenger, Driver, and Rideshare Liability Explained

Getting hit in a rideshare crash is disorienting for one simple reason: you are not just dealing with “a driver” and “an insurer.”

You are dealing with a moving set of insurance layers that change based on what the driver was doing in the app at the exact moment of impact.

If you were hurt in the crash or you were injured while getting in or out of the car at pickup or drop-off, the team at State Law Firm can help you map the right claim path, including scenarios that overlap with premises hazards and falls.

You can also learn more about help for fall-related injuries at our Ventura slip and fall injury lawyers page.

In 2024, the National Highway Traffic Safety Administration estimated 39,345 people died in traffic crashes nationwide.

Start Here: The 2 Questions That Decide Who Pays

When people ask, “Do I go after Uber or Lyft,” the real question is more precise: which insurance policy is primary right now, and what does it cover? In California, that answer usually hinges on two facts you can actually prove:

1. Fault: Who caused the crash (or how fault is shared)?
2. App status: Was the rideshare driver off the app, waiting, driving to pick up, or mid-trip?

Start with those two, and everything else becomes a clean sequence instead of a guessing game.

The Simple “App Status” Chart That Controls Insurance

Insurance adjusters love “Period 1, Period 2, Period 3” because it compresses a complicated timeline into a label. You do not need the jargon, but you do need the logic.

Here is the practical way to think about it:

App Status	What the driver is doing	What usually controls the first layer
App Off	Not working	Driver’s personal auto insurance (if coverage applies)
App On, Waiting (Period 1)	Available, no ride accepted	Rideshare-required liability coverage (limited)
Ride Accepted (Period 2)	En route to pick up	Higher rideshare-required liability coverage
Passenger in Car (Period 3)	Trip in progress until drop-off	Higher liability coverage, plus passenger-focused protections

For the underlying rules, you can cross-check California’s framework through these official resources:

• California Public Utilities Commission overview of rideshare insurance requirements
• SB 371 bill text and updates to California rideshare insurance requirements

Now let’s walk each stage in plain English.

App Off: Driver Is Not Working

If the rideshare driver is off the app, the rideshare company is typically not “in the chain” for insurance purposes. The claim usually starts like any normal crash:

• The at-fault driver’s personal liability insurance is first in line.
• Your own coverage (like MedPay or UM/UIM) can come into play depending on the facts.

One complication that shows up in real life: some personal policies restrict or exclude coverage for commercial driving. That is not your job as an injured passenger to untangle on day one, but it is a reason to preserve proof of app status early, because coverage disputes are where timelines start slipping.

App On, Waiting for a Request (Period 1)

In waiting mode, the driver is logged into the app and available, but has not accepted a ride. California requires a baseline layer of liability protection here. Practically, this is the “thin ice” period: there is coverage, but it is lower than later stages.

What to know as an injured person:

• Coverage may involve multiple insurers.
• Liability limits here can matter a lot when injuries are significant.
• App proof is everything because the difference between “waiting” and “accepted” can change the available coverage dramatically.

Ride Accepted, Driving to Pick Up (Period 2)

Once the driver accepts a ride and is driving to pick up, coverage generally steps up. This is the first moment when the system treats the driver as actively engaged in the rideshare transaction, even though you are not yet in the car.

This stage matters because serious crashes happen during pickup routes all the time. If you were hit by a rideshare vehicle that had already accepted a trip, you want the evidence that locks the driver into Period 2.

Passenger in the Car Until Drop-Off (Period 3)

During the trip itself, the liability coverage is usually at its strongest. But “strongest” does not mean “limitless,” and it does not mean every category of insurance is equal.

Two key ideas:

• Liability coverage focuses on who caused the crash and who must pay for injuries and damage.
• UM/UIM coverage matters when the at-fault driver has no insurance or not enough insurance.

That distinction becomes even more important in 2026.

If You Were the Passenger: Who Can You Make a Claim Against?

As a passenger, your claim typically points to one (or more) of these targets:

• The rideshare driver (if they caused or contributed to the crash)
• Another driver (if a third party caused the crash)
• Multiple drivers (multi-vehicle collisions are common and fault can be shared)

Your job is not to pick a single villain. Your job is to preserve proof and keep options open until the facts and coverage are clear.

If you were taken by ambulance, diagnosed with a concussion, fractured something, or your symptoms worsen over days, talk to counsel early. Rideshare cases are documentation-heavy, and delays are where insurers gain leverage.

If the Rideshare Driver Caused the Crash

If the rideshare driver caused the crash, the payment path usually looks like this:

1. Confirm app status at the moment of impact.
2. Identify the correct insurance layer tied to that status.
3. Document damages in a way that matches what insurers actually evaluate.

What “document damages” means in real life:

• Medical records that connect symptoms to the crash
• Photos of visible injuries and the vehicle interior if relevant
• A clean timeline of treatment, time missed from work, and limitations

A quick note that matters more than people expect: if you were injured while exiting the car, tripping on a curb, or falling because the driver stopped in an unsafe location, you may be dealing with both a crash claim and a fall-type injury scenario.

If Another Driver Caused the Crash

If another driver caused the crash, you still start with the obvious:

• Make a liability claim against the at-fault driver’s insurance.

But rideshare cases add a common twist: the at-fault driver may have low limits, or they may be uninsured. That is where UM/UIM becomes important.

In that situation, your recovery may involve:

• The at-fault driver’s liability policy (if any)
• The rideshare UM/UIM layer (during the passenger stage, subject to the rules in effect)
• Your own UM/UIM coverage (depending on your household policy and how it applies)

This is also where careful messaging matters. What you say in recorded statements can be used to argue about injury severity, causation, and even whether treatment is “reasonable.” You can be honest without being loose.

Important 2026 Change for Passengers: Uninsured and Underinsured Coverage Can Be Lower

California law changed in a way most riders will not realize until they need it.

Beginning in 2026, the required UM/UIM protection during the passenger stage can be significantly lower than what many people assume rideshares provide. In plain terms: if you are hit by an uninsured driver or a driver with minimal coverage, the “backup” layer that used to feel like a safety net may not stretch as far in a severe injury case.

Action steps that actually help:

• Ask your lawyer to confirm what UM/UIM layer applies based on the trip date and the exact passenger window (entering to exiting).
• Check your own auto policy’s UM/UIM if you have one. Passengers often do not realize their household coverage can matter even when they were not driving.
• Preserve proof of the trip start and end (receipt, timestamps, screenshots). This is not busywork. It is how you prove the passenger window.

If you want a simple way to remember this section, keep this sentence: In uninsured and underinsured situations, the policy you expected to save you might be smaller than the harm you suffered.

If You Were a Pedestrian, Cyclist, or in Another Car

Third-party claims often rise or fall on one thing: Was the rideshare driver actively working in the app at the time?

If you were outside the rideshare as a pedestrian, cyclist, or occupant of another car:

• Get the driver’s information like any normal crash.
• Document that the vehicle was a rideshare vehicle and capture identifying details.
• Request that the driver preserve app-trip data tied to the incident.

These cases can turn into “liability plus identity” disputes fast. It is not always obvious which insurer is primary until app status is confirmed.

What to Do Right After the Crash

Here is the checklist that protects you without turning you into a legal assistant:

1. Get medical care first. If you are unsure, get checked. Early records anchor causation.
2. Save app proof immediately. Screenshot the trip receipt, driver name, vehicle details, pickup and drop-off times, and route if shown.
3. Photograph the scene. Vehicle positions, plate numbers, damage, street signs, and lighting.
4. Collect witnesses. Names and numbers, even if they “did not see much.”
5. Do not guess in statements. If you do not know, say you do not know. Let evidence speak.

If your injury involved a fall during entry or exit, treat it like a fall case too: photograph the curb, pavement, debris, lighting, and any hazards that made the spot unsafe. That is the same type of proof that matters in slip-and-fall claims, and it is why people often review guidance like the Ventura slip and fall injury lawyers resource when the injury includes both impact and a fall.

Evidence Checklist That Makes These Claims Easier

If you do nothing else, get the app proof. But if you can gather a little more, do it:

• Trip receipt and ride ID
• Screenshots of pickup time, drop-off time, and route
• Photos of license plates and VIN area if available
• Police report number (do not wait for the full report to request the number)
• ER visit summary or urgent care note
• Follow-up treatment plan and referrals
• Wage loss proof (pay stubs, missed hours, employer confirmation)
• A short symptom journal (pain, dizziness, sleep disruption, limitations)

Why this works: rideshare claims are built on timestamps and transitions. Your evidence should mirror that structure.

Reporting the Crash to the Rideshare Company and Insurance

Reporting is not hard, but it is easy to do sloppily.

Best practices:

• Report through the app so the trip is tied to an internal record.
• Keep descriptions factual. Time, location, what happened, injuries felt, medical care obtained.
• Avoid absolutes. Do not say “I am fine” if you have not been evaluated. Do not guess speed or fault.
• Save confirmation emails and claim numbers.

If an insurer asks for a recorded statement while you are still being treated, it is reasonable to pause and seek advice first. The goal is not to be uncooperative. The goal is to be accurate.

Deadlines: How Long You Have in California

In California, most personal injury lawsuits have a two-year statute of limitations. That sounds like time. It is not, because the most important evidence in rideshare cases can disappear much sooner:

• App logs can be harder to obtain later.
• Surveillance video gets overwritten.
• Witnesses lose clarity or vanish.
• Injury narratives become easier to dispute the longer treatment is delayed.

You can confirm California’s general filing timelines here: California Courts self-help guide on time limits to file a lawsuit.

If you are considering legal action, talk to counsel sooner rather than later. A fast investigation is often the difference between a clean claim and a prolonged coverage fight.

When It’s Time to Talk to a Lawyer

Some rideshare crashes resolve with straightforward insurance handling. Others do not. Consider getting help early when you see any of these:

• You were hospitalized, had a fracture, head injury, or surgery recommendation
• Fault is disputed or multiple vehicles are involved
• The driver was in a lower-coverage stage (or app status is being questioned)
• The at-fault driver is uninsured or underinsured
• You were injured while entering or exiting the rideshare, including fall injuries at pickup or drop-off
• You are missing work or your recovery is not linear

State Law Firm can help you identify the right insurance layer, preserve the evidence that proves app status, and present your damages in a way that insurers cannot casually minimize. If your injuries include a fall component, you can also review our related guidance at the Ventura slip and fall injury lawyers page.

Rideshare accidents are not just about who caused the crash. They are about proving app status, locking in the right insurance layer, and documenting injuries early. If you are a passenger, pay special attention to uninsured and underinsured situations in 2026 because the protection you expect may be lower than you assume.