Getting into an accident with an Uber or Lyft driver in California? It’s honestly a headache. Who pays for your medical bills and car repairs? That all depends on whether the driver was waiting for a ride, heading to pick someone up, or actually driving a passenger.
Uber and Lyft both use a tiered insurance system that changes based on what the driver was doing when the accident happened. If the app’s on but there’s no ride request, coverage is pretty limited. Once a driver accepts a ride or is driving someone, the insurance ramps up big time.
Knowing how these insurance layers work makes it much easier to file your claim. You’ll want to know which insurer to call and what info to collect. This guide walks you through the claims process and what you might run into when dealing with rideshare accidents in California.
Key Takeaways
- Uber and Lyft insurance changes depending on whether the driver was waiting, en route, or had a passenger
- You have to file with the right insurer based on the driver’s app status
- California law says rideshare companies need $1 million in liability coverage during active trips
How Uber and Lyft Accident Claims Work in California
California makes Uber and Lyft carry different insurance amounts based on whether a driver has the app on and if they’re actually driving someone. Your ability to file a claim really depends on the driver’s app status at the moment of the rideshare accident.
California’s comparative negligence rules also affect how much you can get.
The Role of App Status in Coverage
The driver’s app status decides which insurance policy kicks in. If the app is off, only their personal auto insurance applies. That’s a big deal because most personal policies don’t cover accidents while driving for money.
If the app is on but there’s no ride yet, Uber and Lyft offer limited coverage. This period gives you less liability protection than when a ride is in progress.
Once a driver accepts a trip, full coverage starts. That includes the drive to pick you up, the whole ride, and even until you’re out of the car and the door’s closed.
The Tiered Insurance System Explained
California law says rideshare companies need three levels of coverage:
Period 1: App On, No Ride Accepted
- $50,000 per person for injuries
- $100,000 per accident for injuries
- $30,000 for property damage
Period 2 & 3: Ride Accepted Through Drop-Off
- $1 million liability coverage
- Uninsured/underinsured motorist protection
- Contingent comprehensive and collision
That $1 million policy covers passengers, pedestrians, and other drivers injured in Uber or Lyft accidents. It applies from the second the driver accepts your ride to when you reach your destination and exit.
Third-party liability claims against the rideshare driver fall under this $1 million coverage. Uber or Lyft’s own insurance adjusters handle these claims.
Who Can File a Rideshare Accident Claim
Passengers in the car during a crash can file a claim. Your app’s trip ID works as proof.
Other drivers, pedestrians, and cyclists hurt in a rideshare crash can also file claims. They file third-party claims against the at-fault driver and the rideshare company’s insurance.
Rideshare drivers themselves can file claims, but it depends on fault. If another driver caused the crash, the rideshare driver can file against that party. If the rideshare driver caused it, they usually can’t use the company’s policy for their own injuries.
Family members of anyone killed in a rideshare crash can file wrongful death claims. These follow the same rules, depending on the driver’s app status.
Comparative Negligence and Fault Determination
California uses pure comparative negligence for Lyft and Uber accident claims. You can still get damages even if you’re partly at fault.
Your compensation goes down by your percentage of fault. If you’re 20% responsible, you get 80% of your damages. Even if you’re 60% at fault, you still get 40%.
Insurance adjusters look at police reports, witness statements, and driver records to figure out fault. They check if the rideshare driver broke traffic laws or drove distracted. Usually, passengers aren’t blamed unless they did something wild like grabbing the wheel.
More than one person can be at fault in these accidents. The rideshare driver, other drivers, or even car manufacturers might all share responsibility.
Insurance Coverage and the Claims Process
Uber and Lyft offer different insurance coverage based on what the driver was doing at the time. This directly affects how you file a claim and what you might get. The claims process means gathering documents and usually dealing with a couple of insurance companies to cover your injuries, whether it’s whiplash, fractures, or concussions.
Insurance Periods and Policy Limits
Rideshare insurance works in three periods. Period 1 is when the app’s on but there’s no ride yet. During this time, Lyft and Uber provide contingent liability coverage: $50,000 per person, $100,000 per accident, plus contingent comprehensive and collision.
Period 2 starts when the driver accepts your ride and lasts until you get in. Period 3 covers pickup to drop-off. Both give $1 million in liability, UM/UIM, and contingent comprehensive and collision.
Policy limits cap what you can recover. The $1 million policy pays for medical bills, lost wages, and pain and suffering. Underinsured motorist coverage (UM/UIM) helps if the other driver doesn’t have enough insurance.
Filing an Uber or Lyft Accident Claim
You’ll need to file with the right insurance company based on who caused the crash. If the rideshare driver was at fault, file with Uber or Lyft’s insurance (during periods 2 and 3). If another driver caused it, file with their insurer first.
Call the police right away to get a report. That’s your official proof. Also, report the accident through the Uber or Lyft app within 24 hours.
Get checked out by a doctor even if you feel okay. Medical records link your injuries to the crash. Some insurance policies have MedPay, which covers your initial medical bills no matter who’s at fault.
Evidence Collection and Documentation
If you can, collect evidence at the scene. Snap photos of car damage, road conditions, signals, and your injuries. Look for dashcam footage from your driver or other cars.
Exchange info with all drivers, passengers, and witnesses. Write down the rideshare driver’s name, license plate, and insurance. Screenshot your ride details from the app before they disappear.
Hang onto all your medical records, prescriptions, and therapy bills. Save receipts for anything related, doctor visits, rides to appointments, whatever. Keep notes on how your injuries mess with your daily life or job.
Handling Insurers and Maximizing Compensation
Insurance companies usually try to pay out as little as possible. Sometimes they’ll offer you a quick settlement that barely covers your costs. You really need to know the real value of your claim before you agree to anything.
Add up all your damages: medical bills, future care, lost income, pain, and suffering. Serious injuries like fractures or concussions can mean big future costs that early settlements don’t cover.
A rideshare accident attorney can deal with insurance companies and make sure your rights are protected. Many firms like The Neema Tavakoli Law Group give you a free consultation. Most lawyers work on contingency, so you don’t pay unless they win you money.
Don’t give recorded statements to insurance adjusters without talking to a lawyer. Never sign releases or accept settlements until you’ve spoken with someone who knows rideshare claims.
Frequently Asked Questions
Rideshare accident claims in California have some specific steps, from documenting the crash to juggling multiple insurance policies. What you can recover depends on your injuries and losses, and liability mostly comes down to what the driver was doing in the app.
What are the typical steps involved in filing an accident claim with Uber or Lyft in California?
First, call 911 and get medical help. Take photos at the scene, get contact info from witnesses, and jot down the rideshare driver’s name and license plate.
Report the accident in the Uber or Lyft app right away. There’s a button for reporting accidents. You might need to contact the driver’s personal insurance and the rideshare company’s insurance too.
Hold onto all your medical bills and records. If you miss work, keep track of lost wages. Sometimes you’ll have to file a claim with your own insurance if rideshare coverage doesn’t apply.
What types of compensation can one seek in a rideshare accident lawsuit in California?
You can get paid for your medical expenses, like hospital bills, surgery, and future care. If you miss work, you can claim lost wages.
You can also recover for property damage, your car or personal stuff. Pain and suffering compensation is possible too.
If your injuries are permanent, you can ask for money for future lost earnings and reduced quality of life. If the driver was reckless, you might even get punitive damages.
How is liability determined in a rideshare collision in California?
California uses pure comparative negligence, so you can get paid even if you were partly at fault.
Insurance coverage depends on what the driver was doing at the time. If the app was off, only the driver’s personal insurance is in play. If the app was on but no ride accepted, Uber or Lyft gives limited coverage.
Once the driver accepts a ride or has a passenger, full commercial insurance applies, including $1 million in liability.
Can a passenger sue both the rideshare company and the driver after an accident?
You can file claims against multiple parties after a rideshare crash. This could include the driver, the rideshare company’s insurance, or other drivers involved.
As a passenger, you’re almost never at fault. You have the right to seek compensation from whoever caused your injuries.
The $1 million policy from Uber or Lyft covers passengers during active rides. You don’t have to prove the company was directly negligent to use this coverage.
What are the legal requirements for rideshare drivers in California regarding insurance and accident reporting?
California requires rideshare drivers to have personal auto insurance that meets state minimums. Drivers also have to tell their insurer that they drive for a rideshare company.
Uber and Lyft must match their insurance coverage to the driver’s app status. Drivers need to report any accident to the rideshare company within 24 hours.
The DMV requires rideshare drivers to have a valid license and a clean record. Drivers also have to pass a background check before they can work for Uber or Lyft.
How does the independent contractor status of drivers affect accident claims with companies like Uber and Lyft?
Rideshare drivers work as independent contractors, not as employees. So, Uber and Lyft don’t usually take direct responsibility for a driver’s mistakes under standard employment laws.
But here’s the thing: California law makes these companies provide insurance coverage if there’s an accident during a ride. Even if a driver isn’t an employee, you can still tap into the company’s $1 million insurance policy.
This independent contractor setup mostly changes how Uber and Lyft deal with claims on their end. Still, if a driver causes an accident, you have the right to go after compensation through the rideshare company’s insurance.