Catastrophic Injury · Rideshare
California Rideshare Accident Attorney (Uber & Lyft)
Civil representation for passengers, other drivers, cyclists, and pedestrians injured in California Uber, Lyft, or other rideshare accidents. The insurance stack is unusual and often produces meaningful recoveries.
Modern category. Layered insurance. Often $1M policy in play.
How rideshare insurance is structured
California's Transportation Network Company (TNC) framework (Cal. Pub. Util. Code §§ 5430 et seq.) mandates layered insurance coverage that depends on the driver's app status at the time of the accident:
- App OFF: Only the driver's personal auto insurance applies (often inadequate or excluded for commercial use).
- App ON, no ride accepted: $50K/$100K/$30K contingent liability coverage from the rideshare company.
- App ON, ride accepted or passenger in vehicle: $1 million in third-party liability coverage from the rideshare company, plus $1M in UM/UIM coverage.
Who can claim
- Rideshare passengers injured in the vehicle
- Other drivers hit by a rideshare vehicle
- Pedestrians and cyclists hit by a rideshare vehicle
- Rideshare drivers themselves injured by another driver's negligence (with their own UM/UIM and the rideshare company's coverage in some scenarios)
Why these cases require careful insurance analysis
The first investigation step in any rideshare case is determining the driver's app status at the moment of impact. The difference between "app on, ride accepted" ($1M coverage) and "app off" (personal insurance only, possibly $15K/$30K) is enormous. Trip records, app data, GPS logs, and dispatch records establish app status. Companies sometimes resist disclosure; we know how to compel it.
Common rideshare case scenarios
- Rideshare driver causes accident while driving passenger
- Other driver hits rideshare vehicle, injuring passenger
- Rideshare driver hits pedestrian or cyclist
- Distracted-driving rideshare accidents (driver looking at app/GPS)
- Driver background-check failures (negligent hiring against the rideshare company itself)
- Driver-on-passenger assault (separate liability theory)
Applicable law
Cal. Pub. Util. Code §§ 5430–5446 (TNC framework, mandatory insurance); Cal. Civ. Code § 1714 (negligence); Cal. Code Civ. Proc. § 335.1 (statute of limitations); Cal. Code Civ. Proc. § 377.60 (wrongful death). The rideshare company itself may have direct liability for negligent hiring, supervision, or failure to enforce safety policies — separate from vicarious liability for the driver's negligence.
Common Questions
I was a passenger in an Uber — what insurance applies?
If the driver had an active ride (you in the vehicle), Uber's $1 million liability policy applies for injuries caused by your driver's negligence, plus $1M UM/UIM if a third-party uninsured driver caused the accident. This is meaningful coverage.
My Uber driver was distracted by the app — is that my driver's fault or Uber's fault?
Both potentially. The driver was negligent. Uber may have additional direct liability for designing an app that requires unsafe driver attention. Both theories are pursued.
Does it matter whether I requested an UberX or UberPool?
For passenger injury, the same $1M policy generally applies regardless of service tier. It can matter for some other coverage analyses; we evaluate the specifics.
How quickly do I need to act?
Trip records and app data should be preserved immediately. The rideshare companies do retain the data, but discovery battles over scope and format are easier when started early. The two-year statute of limitations (Cal. Code Civ. Proc. § 335.1) is the outer bound, but evidence preservation should start within days.
For a confidential review of your case:
“The cases we take are cases where the medical proof can carry the damages. That is not rhetoric — it is the test every file gets at intake.”
Law Offices of David L. Milligan · Fresno, California
Important: This page is provided for general educational purposes only and does not constitute legal advice. Submitting an inquiry does not create an attorney–client relationship; that relationship is formed only by a written agreement signed after we evaluate the matter for conflicts and merit. Past results do not guarantee future outcomes. Statutory citations are illustrative; the legal framework applicable to a specific case depends on the facts. The Law Offices of David L. Milligan is licensed in California.