Overview
Rideshare accidents — involving Uber, Lyft, and other transportation network companies — are not like regular car accidents. The insurance that covers your injuries depends entirely on what the driver was doing with the app at the exact moment of the crash. A few seconds can mean the difference between $50,000 and $1,000,000 in available coverage.
This page breaks down the three-period insurance system, explains who you can sue, identifies the most dangerous coverage gaps, and covers the deadlines you cannot afford to miss.
The Three Insurance Periods
California requires Uber and Lyft to maintain specific insurance coverage based on the driver's status. The framework is set by Insurance Code 11580.24 and PUC General Order 157-E.
Period 0 — App Off
The driver is not logged into the app. Only their personal auto insurance applies. Uber and Lyft provide zero coverage.
Period 1 — App On, No Match
The driver is logged in and available for rides but has not been matched with a passenger. This is the most problematic period for coverage.
| Coverage Type | Limit |
|---|---|
| Third-party liability | $50,000 per person / $100,000 per occurrence / $30,000 property |
| UM/UIM | None required |
| Collision | Not provided by TNC |
Period 2 — Matched, En Route to Pickup
The driver has been matched with a passenger and is driving to the pickup location.
| Coverage Type | Limit |
|---|---|
| Third-party liability | $1,000,000 combined single limit |
| UM/UIM | $1,000,000 |
| Contingent collision | Actual cash value (up to $2,500 deductible) |
Period 3 — Passenger in Vehicle
The passenger is in the car, from pickup to drop-off. Coverage is identical to Period 2: $1 million in liability and $1 million in UM/UIM.
Claim Types
Passenger Claims
If you were a passenger in the Uber or Lyft when the accident happened, you have the strongest type of rideshare case. You were not driving, so you have no comparative fault. The full $1 million TNC policy applies. And you can claim against both the rideshare driver and any at-fault third-party driver.
Third-Party Claims
If you were in another car, on a bicycle, or walking when an Uber or Lyft driver hit you, the available insurance depends on the driver's period status. You can claim against the driver, the TNC, and your own UM/UIM coverage if the TNC driver's coverage is insufficient.
Driver Claims
If you are a rideshare driver injured by someone else's negligence, you claim against the at-fault driver's insurance and your own UM/UIM. Under Proposition 22, you are not covered by workers' compensation — Uber and Lyft provide limited occupational accident insurance instead, which offers far less than traditional workers' comp.
The insurance period determines everything. Find out where you stand.
A few seconds of app status can mean the difference between $50K and $1 million in coverage. One free call tells you exactly which policies apply to your case.
Who You Can Sue
- The rideshare driver — for negligence in operating the vehicle.
- Uber or Lyft (the TNC) — for vicarious liability or direct negligence (negligent hiring, screening, supervision). Even under Prop 22, the TNC's control over routing, ratings, and deactivation supports an agency relationship.
- The at-fault third-party driver — if another vehicle caused the crash.
- Your own insurance — UM/UIM coverage if the at-fault driver is uninsured or underinsured.
The Period 1 Coverage Gap
Period 1 is the most dangerous gap in rideshare insurance. The TNC provides only $50,000 per person in liability — barely enough for a single ER visit. Worse, the driver's personal auto policy may deny coverage entirely because of a commercial-use exclusion. Strategies to close the gap include arguing the driver was actually in Period 2 (check the timing of ride-match vs. collision), challenging the personal-policy exclusion under IC 11580.24, and maximizing your own UM/UIM coverage.
Proposition 22 and Employment Status
Proposition 22, passed in November 2020, exempted app-based drivers from AB5, classifying them as independent contractors rather than employees. This means Uber and Lyft are not automatically liable under respondeat superior. However, it does not eliminate all vicarious liability theories. The TNC sets rates, controls routing, imposes ratings-based discipline, requires vehicle inspections, and can deactivate drivers — all hallmarks of an agency relationship that can support liability even without traditional employment.
We find every available policy. Call for a free case review.
Rideshare cases can involve up to five insurance layers — the TNC policy, the driver's personal policy, excess coverage, your UM/UIM, and your MedPay. We trace every dollar. Free consultation.
Getting Uber and Lyft Records
Critical records to subpoena from the TNC include the driver's trip log for the accident date (showing the exact period status, pickup/drop-off times, and route), the driver's complete trip history, their application and background check, vehicle inspection records, rating history and complaints, insurance policy details, GPS route data, and any in-app communications between the driver and passenger.
Statutes of Limitation
Two years from the date of the accident for personal injury under CCP § 335.1. Three years for property damage under CCP § 338(c). Two years from the date of death for wrongful death. Six months to file a government tort claim if road design contributed to the crash. See Statute of Limitations.
Cross-References
- Motor Vehicle Accidents — general collision framework
- Trucking Accidents — commercial vehicle regulations
- Pedestrian Accidents — pedestrian struck by rideshare driver
- Bicycle Accidents — cyclist struck by rideshare driver
- Comparative Fault — California's pure system
- Statute of Limitations — deadlines by claim type
Common Questions
How much insurance does Uber or Lyft provide after an accident?
It depends on the driver's status. If a passenger is in the vehicle or the driver is en route to a pickup (Period 2 or 3), the TNC provides $1 million in combined single-limit liability coverage plus $1 million in UM/UIM. If the driver has the app on but no ride is matched (Period 1), coverage drops to $50,000 per person and $100,000 per accident. If the app is off, only the driver's personal insurance applies.
I was a passenger in an Uber when it was hit. Who pays?
As a passenger during an active ride, you are covered by the TNC's $1 million policy. You can claim against the Uber or Lyft driver, the at-fault third-party driver, or both. Passenger cases are typically the strongest rideshare claims because you have no comparative fault as a passenger, and the full $1 million TNC policy applies.
Can I sue Uber or Lyft directly, or just the driver?
You can pursue claims against both. The TNC may be liable under vicarious liability or direct negligence theories such as negligent hiring or supervision. Even under Proposition 22, which classifies drivers as independent contractors, the TNC exercised enough control over drivers — setting rates, controlling routing, imposing ratings discipline — to support an agency relationship.
What if the Uber or Lyft driver had the app on but no passenger?
This is Period 1 — the most problematic scenario for coverage. The TNC provides only $50,000 per person in third-party liability, and the driver's personal auto policy may deny coverage due to a commercial-use exclusion. Your attorney should investigate whether the driver was actually in Period 2, maximize your own UM/UIM coverage, and challenge any personal-policy exclusion.
Our offices
Local Resources
- Cedars-Sinai EmergencyLos Angeles trauma center for serious rideshare collision injuries.
- Providence Tarzana Medical CenterSan Fernando Valley emergency care, 24/7.
- LA Superior Court · Stanley MoskCivil filings for LA County rideshare accident cases.
- California Public Utilities CommissionRegulates TNCs (Uber/Lyft) operating in California.
- CA State Bar LookupVerify any attorney's license before hiring.
- California Insurance Code § 11580.24. TNC insurance requirements — defines the three-period coverage system for Uber and Lyft.
- PUC General Order 157-E. California Public Utilities Commission regulation of transportation network companies.
- California Code of Civil Procedure § 335.1. Two-year statute of limitations for personal injury actions.
- Proposition 22 (2020). Exempted app-based drivers from AB5, classifying them as independent contractors.
- Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903. Established the ABC test for employee vs. independent contractor classification.
- CACI 400 — Negligence. Standard California jury instruction on the elements of negligence.