Los Angeles Uber Accident Lawyer
$$1 billion Recovered No Fees Until We Win
Being hurt in a ride you paid for, or by a driver working for an app, can leave you unsure who’s responsible and which insurer to call. A Los Angeles Uber accident lawyer at M&Y Personal Injury Lawyers can sort out the coverage, deal with the insurers, and pursue compensation while you recover.
The Uber driver’s app status at the moment of the crash decides who pays. If the driver had accepted a ride or had a passenger on board, at least $1 million in coverage applies, but if the app was off, only the driver’s personal auto policy does.
We represent Uber passengers, other drivers, pedestrians, and cyclists hurt in rideshare crashes as part of our broader work as a Los Angeles rideshare accident lawyer team. Call 866-864-5477 any time, and there’s no attorney fee unless we recover compensation.
Table of Contents
Who Pays After an Uber Accident in Los Angeles?
The insurance that applies to an Uber crash changes with the driver’s app status. California’s rideshare insurance law sets minimum coverage for each period:
|
Driver’s status |
Required coverage |
Who provides it |
|---|---|---|
|
App off |
The driver’s personal auto policy only |
The driver |
|
App on, waiting for a ride request |
At least $50,000 per person and $100,000 per incident for injuries, $30,000 for property damage, plus $200,000 in excess coverage |
Uber, the driver, or both |
|
Ride accepted, through the end of the trip |
At least $1 million for death, injury, and property damage |
Uber, the driver, or both |
|
Passenger in the car |
Uninsured and underinsured motorist coverage of $60,000 per person and $300,000 per incident |
Uber |
The $1 million period starts when the driver accepts the request, so it covers the drive to pick you up, not only the trip itself. Our article on California Uber driver and vehicle requirements explains the other rules drivers must meet.
Proving What the App Showed
The driver’s app status is often the most disputed fact in an Uber claim. Trip receipts, screenshots, the driver’s statements at the scene, and Uber’s own records establish which coverage period applied, and those records may have to be requested formally.
When the Driver’s Personal Insurer Says No
Many personal auto policies exclude coverage while a driver is working for a rideshare app. That exclusion is the reason California requires company coverage during the app-on periods. A driver who never told their own insurer about rideshare work may find that the personal policy denies the claim, leaving company coverage as the main source of payment.
What Should You Do After an Uber Accident?
Get medical care first, then take a few steps that protect a rideshare claim in particular. Our guide on what to do after a rideshare accident covers the first hours in more detail.
The most important steps are:
- Screenshot the trip in your Uber app, including the driver’s name, vehicle, and the trip map.
- Report the crash through the app, but keep the report short and factual.
- Photograph every vehicle, the scene, and your injuries.
- Get the names and insurance information of every driver involved.
- Ask the responding officer for the report number.
The trip record in your app is the fastest proof that a ride was in progress. Save it before you do anything else with the account.
Injuries That Show Up Later
Passengers in the back seat often feel fine at first, then develop neck, back, or head symptoms over the next day or two. A doctor’s visit soon after the crash ties those symptoms to the ride.
Uber Accident Claims by Who Was Hurt
Passengers, other drivers, and people outside the car all have claims, but each one follows a slightly different path to payment.
Uber Passengers
A passenger is rarely at fault and can pursue whichever driver caused the crash. If the Uber driver was at fault, the $1 million coverage applies, and if another driver caused the crash with too little insurance, Uber’s uninsured and underinsured coverage for passengers can fill the gap.
Other Drivers
A driver hit by an Uber vehicle files a claim against the coverage that matches the Uber driver’s app status. When the Uber driver was between rides with the app on, the lower waiting-period limits apply.
Uber Drivers Hurt by Other Drivers
An Uber driver injured by a careless motorist can bring a claim against that motorist’s insurance like any other driver. Separately, Business and Professions Code 7455 requires rideshare companies to carry occupational accident insurance for drivers hurt while online, including at least $1 million for medical expenses.
Pedestrians and Cyclists
People on foot or on bicycles are especially vulnerable to rideshare drivers who stop suddenly or pull into bike lanes for pickups. Their claims follow the same coverage periods as a driver’s claim.
Who Is Responsible When an Uber Driver Causes a Crash?
The Uber driver is responsible for crashes caused by careless driving, and the required rideshare insurance pays the claim during the covered periods. Under Proposition 22, app-based drivers are classified as independent contractors rather than employees.
The California Supreme Court upheld that classification provision against a constitutional challenge in Castellanos v. State of California. As a result, most Uber injury claims run through the insurance California requires, rather than through employer liability.
Other Parties Who May Share Fault
Another driver, a trucking company, or a public agency responsible for a dangerous road can share responsibility. Claims against a city or county require a written government claim within six months.
When several parties share fault, each one’s insurance may contribute. Identifying all of them early keeps the full range of coverage available.
How Fault Is Proven in an Uber Crash
Fault in a rideshare crash is proven the same way as in any car accident, with one added layer: the app data. Combining the two gives the clearest picture of what happened.
Traffic Violations as Evidence
When an Uber driver breaks a safety law, such as running a red light or making an illegal U-turn, Evidence Code 669 lets a jury presume the driver was negligent if the violation caused the injury. The driver can try to rebut that presumption, but it shifts much of the burden.
Shared Fault
California follows pure comparative fault, and California’s jury instructions reduce an award by the injured person’s share of blame. A driver who was 20% at fault for a crash with $100,000 in losses would still recover $80,000.
Video and Vehicle Data
Many rideshare drivers run dashboard cameras, and newer vehicles store speed and braking data. That evidence can be overwritten or lost when the car is repaired, so a prompt preservation request matters. Nearby businesses and city traffic cameras may also have captured the crash.
Common Causes of Uber Crashes
Uber drivers spend long hours on unfamiliar routes while watching an app for the next request. Those conditions lead to recurring crash patterns:
- Glancing at a phone for directions or new ride requests.
- Sudden stops or U-turns to reach a pickup point.
- Double-parking or stopping in traffic lanes and bike lanes.
- Fatigue after long shifts.
- Speeding to finish one trip and accept the next.
Vehicle Code 23123.5 bars drivers from holding a phone while driving and limits mounted-phone use to a single tap or swipe. Phone records and app data can show what the driver was doing in the moments before a crash.
What Can You Recover After an Uber Accident?
An Uber accident claim can cover your medical bills, lost income, and the personal toll the injury took. The evidence and the coverage period that applied shape the amount.
Financial Losses
Emergency care, surgery, therapy, future treatment, lost wages, and reduced earning ability make up the financial side. Receipts, pay records, and treatment plans prove these amounts.
Future Medical Care
Serious injuries can need surgery, therapy, or medication long after a claim closes. A treating doctor’s plan puts a number on that future care, and a settlement can be structured so those costs are covered.
Pain and Personal Losses
Pain, anxiety about riding in cars again, and lost enjoyment of daily life are part of the claim. The first offer from a rideshare insurer is an opening offer, not the most it will pay.
Lyft and Multi-App Drivers
Uber and Lyft are both transportation network companies under California law, and the same coverage periods apply to each. If your crash involved a Lyft driver instead, a Los Angeles Lyft accident lawyer on our team handles those claims.
Drivers Logged Into More Than One App
Many rideshare drivers keep both apps open while waiting for requests. When that happens, the companies’ insurers may disagree about whose coverage applies, and the trip records from both companies are necessary to settle the question.
Delivery Apps
A driver may also switch between rideshare and food delivery during a shift. The app the driver was actively working for at the moment of the crash drives which policy responds.
How Long Do You Have to File an Uber Accident Claim?
You have two years from the crash to file most injury lawsuits under Code of Civil Procedure 335.1. A claim involving a public agency requires a written government claim within six months under Government Code 911.2.
Don’t Wait on the App Records
Uber’s trip data and the driver’s phone records are central to proving the coverage period. Asking for them early keeps that evidence available.
Why Rideshare Accident Victims Choose M&Y Personal Injury Lawyers
M&Y Personal Injury Lawyers was founded to even the scales between injured people and multi-billion-dollar insurance companies. Rideshare claims bring that imbalance into sharp focus, with layered policies and well-funded insurers on the other side.
Our clients can expect:
- A dedicated team with several people who know the details of the claim.
- A concierge line you can text 24/7.
- Automated updates as the claim moves forward.
- Help resolving vehicle repairs after the crash.
- Outside professionals, such as accident reconstructionists, retained when a case is prepared for trial.
We also co-counsel with other firms when a case calls for added resources.
Call 866-864-5477 to talk with our team.
FAQs: Los Angeles Uber Accident Lawyer
Can I sue Uber directly after a crash?
Usually, the claim goes against the driver and is paid by the rideshare insurance California requires. A direct claim against Uber can come up in narrower situations, such as a failure in the company’s own required safety screening, but most cases resolve through the insurance coverage.
What if I was hurt getting into or out of the Uber?
An injury while entering or leaving the car falls within the ride period. California’s passenger uninsured motorist coverage runs from the time a passenger enters the vehicle until the passenger exits, and the $1 million liability coverage applies throughout the trip.
Is an Uber Eats delivery crash covered the same way?
Not necessarily. California’s rideshare insurance law covers drivers carrying passengers, while delivery coverage depends on the company’s policies and the driver’s own insurance. Getting the driver’s app status and the delivery company’s insurance information early helps sort it out.
What if my Uber driver was hit by another car?
You can claim against the at-fault driver’s insurance first. If that driver had no insurance or too little, the uninsured and underinsured motorist coverage Uber must provide for passengers can pay the difference, up to $60,000 per person.
Will my case against an Uber driver go to trial?
Most rideshare injury claims settle without a trial. A lawsuit becomes necessary when the insurer won’t pay a fair amount, and many cases still settle during the lawsuit, before a jury is ever chosen. Preparing the case as if it will go to trial puts real pressure on the insurer to make a fair offer.
Get Help With Your Uber Accident Claim
Rideshare crashes involve more insurance layers than most car accidents, and each insurer has its own interest in limiting what it pays. M&Y Personal Injury Lawyers can identify the right coverage, gather the app records, and pursue your claim, with no attorney fee unless we recover compensation.
Call 866-864-5477 any time, day or night, to talk with our team.
Los Angeles Office Location
Visit our headquarters in LA to get the assistance you need, our law firm is located at 6300 Wilshire Blvd Suite 807, Los Angeles, CA 90048.
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