Why rideshare claims are different
Uber and Lyft drivers use their personal cars, so the insurance that applies depends on the driver's status in the app when the crash happened: offline, logged in and waiting for a request, or accepted and on a trip. California and Arizona each set minimum coverage for these periods by statute. The rideshare company's insurer will often dispute which period applies, or whether the driver's personal insurer pays first.
Required coverage under state law
California
- Logged in, waiting for a ride: at least $50,000 per person and $100,000 per incident for injury or death, and $30,000 for property damage. Cal. Pub. Util. Code § 5433(c)
- From accepting a ride until the trip ends: $1,000,000 primary coverage for death, personal injury and property damage. Cal. Pub. Util. Code § 5433(b)(1)
- Uninsured/underinsured motorist coverage while a passenger is in the car: $60,000 per person and $300,000 per incident, provided by the company and primary over other UM/UIM coverage. Cal. Pub. Util. Code § 5433(b)(2)
Arizona
- Logged in, not on a ride: at least $25,000 per person, $50,000 per accident and $20,000 for property damage. A.R.S. § 28-4038(A)
- While providing a ride: $250,000 per incident in primary liability coverage, or $1,000,000 per incident while a passenger is in the vehicle. A.R.S. § 28-4038(B)(1)
- Uninsured motorist coverage during a ride: the greater of $25,000 per person and $75,000 per incident, or the state minimum limits. A.R.S. § 28-4038(B)(2)
Older articles often say California rideshare passengers have $1 million in uninsured motorist coverage. The statute now sets that coverage at $60,000 per person and $300,000 per incident. Cal. Pub. Util. Code § 5433(b)(2) That change makes your own UM/UIM coverage, and every other source of insurance, more important.
Waymo and other driverless vehicles
Waymo operates driverless ride-hailing in parts of the Los Angeles area and the Phoenix area. When there is no human driver, the claim generally runs against the company operating the vehicle. These vehicles record extensive camera and sensor data. That data can show exactly what happened, but it is controlled by the company. A prompt written request to preserve it is essential. Eli also looks at whether the vehicle's behavior, another driver, or road conditions caused the crash.
Who may be responsible
- The rideshare driver, for negligent driving, with coverage from the company's policy or the driver's own policy depending on the app period
- Another driver who caused the crash
- The company operating an autonomous vehicle
- A public agency, for a dangerous road, subject to short notice deadlines (six months in California; 180 days in Arizona)
Evidence to preserve
- Screenshots of your trip receipt, the driver's name and vehicle, and the route
- Photos of the scene, vehicles and injuries; names of witnesses
- The police report number
- Any messages exchanged in the app
- For autonomous vehicles, a written preservation demand for video and sensor data
How rideshare insurers push back
They argue the driver was "offline" or between periods, delay while insurers point at each other, demand recorded statements, and minimize injuries. Passengers sometimes hear that they must claim against the other driver first. Eli identifies every policy that may apply and presses the right insurer.
Videos: talking to insurers after a crash
Before You Give Insurance a Recorded Statement, Watch This
What to know before you talk to the other driver's insurance company or agree to give a recorded statement.
A guess can later be treated like a fact and used when evaluating your claim.
Why "I'm not sure" can be the right answer when an adjuster asks you to estimate speeds or distances.
Car Accident? Watch This Before Talking to Insurance
Before giving a statement, signing documents or accepting a settlement, understand what the adjuster is asking for and how it could affect your claim.
Rideshare accident FAQ
I was an Uber or Lyft passenger. Who pays?
Usually the rideshare coverage that applies during a trip, along with the other driver's insurance if another driver caused the crash. In California, the company must also provide uninsured and underinsured motorist coverage while you are in the vehicle.
Can I sue Uber or Lyft directly?
Rideshare companies generally classify drivers as independent contractors and dispute direct liability. Their insurance still covers the driver's negligence during the statutory periods. Whether a direct claim exists depends on the facts.
What if I was hit by a Waymo?
The claim generally runs against the operating company and its insurer. Preserving the vehicle's video and sensor data early is critical.
Do I have to accept arbitration under the app's terms?
App terms of service may contain arbitration clauses, and their reach depends on who you are (rider, driver or third party) and the claim. Have a lawyer review them before you respond to any company.
This page explains general rules of California and Arizona law. It is not legal advice, laws change, and every case depends on its own facts. Reading it or contacting the firm does not create an attorney-client relationship.
