Hurt As An Uber Or Lyft Passenger In California? What To Do
On January 1, 2026, the coverage that protects Uber and Lyft passengers from uninsured drivers got much smaller. A new state law, SB 371, cut it from $1 million to $60,000 per person. So if your rideshare driver just crashed, start with what still protects you. When a driver is on an active trip, Uber and Lyft carry a $1 million liability policy that pays for passenger injuries if the driver caused the wreck. Your medical care runs through your own health insurance or medical payments coverage first, because California has no no-fault PIP. You have two years to bring most injury claims. And the steps you take in the first hour still decide most cases.
Who pays if your Uber or Lyft driver crashes in California?
The party who caused the crash pays, and which insurance responds depends on what the driver was doing on the app at that moment.
In California, an injured Uber or Lyft passenger is covered by the rideshare company’s $1 million liability policy when the driver is on an active trip and at fault. If an uninsured or hit-and-run driver caused the crash instead, the company’s uninsured motorist coverage now pays up to $60,000 per person, a limit set by state law effective January 1, 2026.
The driver’s status on the app changes your options:
| The driver’s app status at the crash | What it means for you as the passenger |
|---|---|
| App off, not working | Only the driver’s personal auto policy applies. No rideshare coverage. |
| App on, waiting for a ride request | Lower limits apply: $50,000 per person, $100,000 per crash, $30,000 for property damage. |
| Trip accepted, or you’re in the car | The $1 million rideshare liability policy is primary when the driver is at fault. |
| Active trip, hit by an uninsured or hit-and-run driver | The rideshare company’s uninsured and underinsured coverage: $60,000 per person, $300,000 per crash. |
As a passenger, you’re almost always in that third or fourth row. Two details from California’s rideshare insurance law work in your favor. The driver’s own insurer can deny a crash that happened while they were working, but the rideshare policy still has to pay first, without waiting for that denial. And the company can’t cap your recovery at the policy limit when your injuries are worth more, because the statute lets you pursue the driver and the company beyond it. The same rules that govern Uber and Lyft accident claims also decide a lot of ordinary personal injury cases across Los Angeles.
Why your protection from uninsured drivers shrank in 2026
The $1 million figure you’ll read about everywhere no longer tells the whole story for a passenger hit by an uninsured driver.
SB 371 took effect on January 1, 2026. It kept the $1 million liability policy that pays when the rideshare driver is at fault, but it dropped the uninsured and underinsured motorist coverage during a trip from $1 million to $60,000 per person and $300,000 per crash. For one injured passenger, that’s about a 94% cut in the money available when the at-fault driver has no insurance.
That’s the sharp edge most passengers never hear about. If a hit-and-run driver runs a light and totals your Uber, you’re no longer looking at a $1 million source of recovery from the rideshare company. You’re looking at $60,000. So the single most useful thing you can do at the scene is prove which phase the driver was in, because that one fact decides whether a $1 million policy or a $60,000 one applies to your injuries.
What to do at the scene and in the days after
Protect your health first, then protect the proof, because California gives you no automatic pot of medical coverage to fall back on.
- Get medical help right away. Adrenaline hides injuries, and soft-tissue pain often shows up a day or two later. Early care also ties your injury to the crash and starts the paper trail.
- Call the police and get a report. For a crash with injuries, officers document what happened and who was where. That report becomes evidence.
- Screenshot the ride in the app. Capture the driver’s name, the trip details, and the timestamps before anything updates. This is how you prove the driver was on an active trip, which is the fact that brings the $1 million policy into play.
- Photograph everything. The vehicles, their positions, the street, traffic signals, and any visible injuries. Get names and numbers for witnesses and the other driver.
- Report the crash in the Uber or Lyft app and to your own insurer. Keep it factual: date, time, location, vehicles. Don’t guess about fault.
- Say no to a recorded statement from the other driver’s insurer. Those questions are built to pull out admissions. Talk to a lawyer first.
What if another driver caused the crash?
Then you may have a claim against that driver, and the rideshare company’s now-smaller uninsured coverage only fills part of the gap when they carry no insurance.
This is where a rideshare case starts to look like a standard car accident claim: you pursue the at-fault driver’s liability policy first. California raised its minimum coverage to $30,000 per person and $60,000 per crash on January 1, 2025, up from the 15/30 limits that had stood since 1967. That helps, but a serious injury can still pass a minimum policy fast. When it does, the rideshare company’s $60,000 uninsured and underinsured coverage is the backstop, and your own uninsured motorist coverage may also apply. The same fault questions come up when a pedestrian is hit by a rideshare during a pickup or drop-off.
Do you use your own insurance? California has no no-fault
Yes, your own coverage often moves first, because California is an at-fault state with no PIP.
There’s no personal injury protection here. Your medical bills run through your health insurance, through medical payments coverage if your auto policy includes it, or through treatment on a lien that gets paid back from your settlement. Then you recover from whoever caused the crash.
One myth worth killing: an adjuster may tell you that being partly at fault ends your claim. In California, that’s wrong. The state uses pure comparative negligence, so if you’re found 20% at fault on a $100,000 claim, you still recover $80,000. Partial fault reduces a claim. It doesn’t erase it.
How long do you have to file in California?
Most rideshare injury claims give you two years from the date of the crash, but one exception quietly ends cases.
You generally have two years to file, under California’s injury deadline. The trap is a government vehicle. If a city bus, a transit vehicle, or another public entity’s driver caused your crash, you may have only 180 days to file a formal government claim before you can sue. Miss that window and the claim can be gone, no matter how badly you were hurt. This is the kind of deadline that’s easy to overlook while you’re still in treatment.
How an adjuster looks at your rideshare claim
An adjuster’s job is to close your claim for as little as the file allows, and rideshare cases hand them an extra lever.
Alexander Khoubian, who founded Alpha Law PC, started out on the insurance defense side, learning how carriers evaluate and hold down injury claims before he began representing injured people. That view shapes how the firm handles these cases. On a rideshare claim, expect the insurer to argue about which phase the driver was in, because moving you out of the $1 million tier saves them money. Expect them to flag any gap in your medical treatment, pull your public social media, and quote back anything you said at the scene.
What moves an offer up is boring and specific: complete, organized medical records, proof of the driver’s phase from the app data, and a credible signal that you’ll file suit rather than take the first number. Adjusters track which attorneys actually litigate. That track record changes the math on your file.
Frequently asked questions
Does the $1 million Uber or Lyft policy cover passengers in California?
Yes. When the driver is on an active trip and at fault, the rideshare company’s $1 million liability policy covers passenger injuries. It pays first, and it does not depend on the driver’s personal insurer denying the claim.
What changed for California rideshare insurance in 2026?
SB 371 took effect January 1, 2026. It cut the uninsured and underinsured motorist coverage during a trip from $1 million to $60,000 per person and $300,000 per crash, while keeping the $1 million liability coverage for crashes the rideshare driver causes.
Do I use my own insurance after an Uber or Lyft crash in California?
Often, yes. California has no no-fault PIP, so your medical care runs through your health insurance, medical payments coverage, or a lien first. You then recover from the at-fault party.
Can I still recover if I was partly at fault?
Yes. California uses pure comparative negligence, so your recovery is reduced by your share of fault but not eliminated. Being 25% at fault means you recover 75% of your damages.
How long do I have to file a rideshare injury claim in California?
Generally two years from the crash. If a government vehicle was involved, you may have only 180 days to file a government claim, so those cases need fast attention.
Should I talk to the other driver’s insurance company?
Report the crash to your own insurer, but don’t give a recorded statement to the other driver’s insurer before speaking with a lawyer. Those statements are used to reduce what you’re paid.
Talk to a lawyer before you sign anything
If you were hurt riding in an Uber or Lyft, the details fade fast and the deadlines don’t wait. In California, injury cases like these are handled on a contingency fee, so there’s no cost upfront and no fee unless there’s a recovery. You can talk with our office about your options, or reach Alpha Law PC for a free consultation.
Written by Alexander Khoubian, founder of Alpha Law PC and a California personal injury attorney (State Bar No. 330918), recognized as a Super Lawyers Rising Star from 2022 to 2026. He began his legal career on the insurance defense side.
Disclaimer: This blog is attorney advertising from Alpha Law PC. It offers general information about California law, not legal advice, and does not create an attorney-client relationship. Every case is different, so talk to a lawyer about yours. Past results do not guarantee a similar outcome. Call (323) 515-3666 for a free consultation.
