Ride-share crashes turn on a question nobody asks at the scene: was the app on, and what was the driver doing on it at that moment. The answer decides whether you are looking at a $1 million policy or a state-minimum policy worth a fraction of that. Attorney Dustin handles Uber and Lyft injury claims across southwest Riverside County, where late-night pickups in Old Town Temecula and airport runs down I-15 produce a steady stream of them, and the coverage analysis is where these cases are won or lost.
What should I do at the scene of an Uber or Lyft crash?
Call 911, then capture the trip record before you do anything else. Unlike an ordinary collision, a ride-share case depends on digital evidence held by a company that has no obligation to hand it to you.
Screenshot the trip in the app while it is still open on your phone. You want the driver’s name, the vehicle make and plate, the pickup and drop-off points, and the timestamps. Report the incident through the in-app safety or crash reporting flow, which creates a record on the company’s side that a claim exists. Then get the police report number, photograph the vehicles and the phone mount if the driver had one visible, and see a doctor the same day.
Whose insurance pays after a ride-share accident in California?
California ties coverage to three distinct periods under Public Utilities Code section 5433, and the difference between them is enormous.
- App off. The driver is a private motorist and only their personal auto policy applies. California’s minimum liability limits rose to $30,000 per person and $60,000 per accident on January 1, 2025 under SB 1107, with $15,000 for property damage. Many drivers carry exactly that.
- App on, no ride accepted. Often called Period 1. The company must provide at least $50,000 per person, $100,000 per accident, and $30,000 property damage in primary coverage, backed by additional excess coverage.
- Ride accepted, through drop-off. This covers the drive to the pickup and the passenger’s entire trip. The company must carry $1 million in liability coverage for death, injury, and property damage.
One complication worth knowing: drivers frequently run Uber and Lyft simultaneously, so establishing which company’s coverage applies can require trip data from both. A driver’s personal policy will also usually contain a livery exclusion, meaning it denies coverage outright for commercial passenger transport, which is why the period determination matters so much.
Can I sue Uber or Lyft directly?
Rarely, and that is largely settled California law now. Proposition 22, passed in 2020, classifies app-based drivers as independent contractors, and the California Supreme Court upheld it in Castellanos v. State of California in July 2024. Independent contractor status blocks the usual vicarious liability theory that would make an employer answer for its driver’s negligence.
The practical effect is that your recovery generally comes from the insurance policies the companies are required to carry, not from the corporation itself. Direct claims against the company remain possible on separate theories such as negligent retention of a driver with a disqualifying record, but those are fact-specific and uncommon.
What if the ride-share driver was not at fault, or the other car fled?
You are likely still covered. California requires ride-share companies to carry $1 million in uninsured and underinsured motorist coverage during the periods when a ride has been accepted or a passenger is aboard. That coverage responds when another driver causes the crash and either has no insurance, has inadequate limits, or leaves the scene.
This is the provision passengers most often do not know exists. Someone rear-ended by an uninsured driver while riding in an Uber has access to far more coverage than they would have had in their own car.
Why does Attorney Dustin move quickly on ride-share claims?
Because the evidence that establishes the coverage period lives on servers, and the companies control it. A preservation letter sent early puts the company on notice to retain trip telematics, driver status logs, and any in-app communications, which later become the basis for a subpoena if the claim is disputed.
There is also an adjuster problem. Ride-share claims are handled by third-party administrators working for the insurer, and their first move is often a recorded statement asking what you remember about the trip status. Answering that wrong, from memory, weeks later, can hand the defense an argument that the app was off. Attorney Dustin handles that contact and pins the period down with records instead.
How long do I have to bring the claim?
Two years from the crash date for personal injury under Code of Civil Procedure section 335.1, and three years for property damage. Filing an in-app report or opening a claim with the insurer does not extend that deadline, and neither does an adjuster telling you the file is still under review. If a public entity vehicle was involved, a government claim is due within six months.
A ride-share injury claim is mostly a coverage puzzle. Preserve the trip record, report through the app, decline to guess about the driver’s app status, and get the telematics preserved before anyone starts arguing about which policy applies. Talk with Attorney Dustin before you give a statement to any ride-share insurer.