Who Should I File a Claim Against in a Rideshare Accident in California?

Who you file a rideshare accident claim against depends on who caused the accident and what period of the Uber or Lyft driver’s app status was active at the time. You may file against the rideshare driver, the rideshare company’s commercial insurer, another driver who caused the accident, or combinations of these parties. Identifying all available defendants and insurance sources is essential to maximizing your compensation. Attorney Damoun Yazdi at The Accident Network Law Group investigates rideshare accident liability throughout Southern California.

Key Takeaways

• The rideshare driver’s app status at the time of the accident determines which insurance applies
• During Period 3 (passenger in vehicle), Uber and Lyft’s $1 million commercial coverage is the primary source
• During Period 2 (accepted a ride, en route to pickup), the $1 million coverage also applies
• During Period 1 (app on, waiting for ride), limited contingent coverage applies
• When Period 0 (app off), only the driver’s personal auto insurance applies
• Since January 1, 2026, SB 371 reduced the rideshare company’s uninsured/underinsured motorist (UM/UIM) coverage during Periods 2 and 3 from $1 million to $60,000 per person and $300,000 per incident; the $1 million primary liability coverage for at-fault claims is unchanged

Filing Against the Rideshare Driver

The rideshare driver is always a potential defendant when their negligence caused the accident. However, the driver’s personal auto insurance policy typically excludes rideshare driving. This means your claim goes through the rideshare company’s commercial insurer rather than the driver’s personal insurer during active trips.

The driver’s personal policy may be the only coverage during Period 0 (app off). In this situation, you have minimum coverage under California Vehicle Code Section 16056 (amended by SB 1107, effective January 1, 2025) of $30,000/$60,000/$15,000.

Filing Against Uber or Lyft’s Commercial Insurer

During Period 2 and Period 3, Uber and Lyft maintain $1 million commercial liability policies. The claims process for this coverage involves dealing directly with the rideshare company’s commercial insurer, not the driver.

To establish that Period 2 or 3 coverage applies, your attorney obtains the driver’s app data showing the trip status at the exact time of the accident. Uber and Lyft typically do not voluntarily provide this data; your attorney must formally request it.

During Period 1 (app on, waiting for a ride request), Uber and Lyft provide contingent liability coverage of $50,000 per person, $100,000 per accident for bodily injury, and $30,000 for property damage. This coverage only applies if the driver’s personal insurer denies the claim.

How SB 371 Changed Rideshare UM/UIM Coverage

Effective January 1, 2026, Senate Bill 371 amended Public Utilities Code Section 5433 to reduce the uninsured and underinsured motorist (UM/UIM) coverage that Uber and Lyft must carry during Periods 2 and 3 (from ride acceptance through drop-off) from $1,000,000 to $60,000 per person and $300,000 per incident. This UM/UIM coverage is what protects you when the at-fault party in a rideshare accident, whether another driver or the rideshare driver, carries no insurance or not enough to cover your damages. SB 371 did not change the separate $1,000,000 primary liability coverage that applies when the rideshare driver is at fault; only the UM/UIM layer was reduced.

Filing Against Another Driver

When a third-party driver caused the accident by hitting the rideshare vehicle, that driver is the primary defendant. You file against their liability insurance. If they are uninsured or underinsured, the rideshare company’s UM/UIM coverage applies, now capped at $60,000 per person and $300,000 per incident under SB 371 rather than the $1,000,000 that applied before January 1, 2026.

Determining which insurance policy provides coverage can be complex when multiple parties share fault. If the rideshare driver was also partially at fault, both the other driver’s liability insurance and the rideshare company’s commercial coverage may be sources of recovery.

Filing Multiple Claims Simultaneously

California law allows you to file claims against multiple defendants simultaneously. In a rideshare accident where both the rideshare driver and another driver share fault, your attorney files claims against both parties and their respective insurers. The resolution may involve both insurers contributing to your settlement or a jury allocating fault percentages between the defendants.

Attorney Yazdi identifies all potentially liable parties in rideshare accident cases by analyzing the driver’s app data, the police report’s fault determination, traffic camera footage, and witness statements.

California Laws Relevant to Rideshare Accident Claims

California Public Utilities Code Sections 5430-5443 (TNC insurance requirements), including Section 5433 as amended by SB 371 (effective January 1, 2026, reducing rideshare UM/UIM coverage during Periods 2 and 3 to $60,000 per person / $300,000 per incident), California Code of Civil Procedure Section 335.1 (two-year statute of limitations), California Civil Code Section 1714 (general duty of care), California follows pure comparative negligence (Li v. Yellow Cab Co., 1975), California Vehicle Code Section 16056 (amended by SB 1107, effective January 1, 2025) sets minimum auto insurance at $30,000/$60,000/$15,000.

Contact The Accident Network Law Group About Your Rideshare Accident Claim

Rideshare accident claims often involve multiple insurance policies, shifting coverage tiers, and, since SB 371 took effect, lower UM/UIM limits than many riders expect. Attorney Damoun Yazdi at The Accident Network Law Group pulls the trip data needed to establish which coverage period applies and pursues every available insurance source, from the driver’s personal policy to the rideshare company’s commercial and UM/UIM coverage. Consultations are always free, and we work on a contingency basis.

Our team serves clients in Costa Mesa, Riverside, Rancho Cucamonga, Apple Valley, Victorville, and Bakersfield, and throughout Southern California. Se habla espanol.

Legal Disclaimer

This content is for informational purposes only and does not constitute legal advice. The outcome of any case depends on its specific facts and circumstances. Past results do not guarantee future outcomes. Contact The Accident Network Law Group for advice about your individual situation.