Uber Accident Lawyer

Frequently Asked Questions

What insurance applies when an Uber or Lyft driver causes a crash?

Coverage depends on the driver's app status at the moment of impact. When the app is off, the driver's personal auto policy is primary. When the app is on but no ride has been accepted, a contingent TNC policy provides $50,000 per person and $100,000 per accident under Public Utilities Code section 5433. Once a ride is accepted or the passenger is in the vehicle, the TNC's $1 million liability policy is primary. The carrier-app data is essential to establish app status and is typically subpoenaed early.

Can a rideshare passenger sue Uber or Lyft directly?

Passengers injured during an active ride can typically claim against the TNC's $1 million liability policy without needing to sue Uber or Lyft as a corporate defendant, because the carrier admits coverage under the TNC policy. Direct claims against the corporate TNC for negligent vetting, retention, or app design are sometimes pursued in egregious cases. Arbitration clauses in passenger terms of service often attempt to compel disputes to private arbitration, with mixed enforceability under California law.

What if I was a passenger and the other driver was at fault?

The TNC's uninsured and underinsured motorist coverage steps in when the at-fault driver has no insurance or insufficient limits. TNC policies are required to include UM/UIM coverage that matches the liability limits, providing $1 million in coverage during an active ride. The passenger can also pursue the at-fault driver's policy in parallel, with the TNC UM/UIM acting as excess. Coordinating multiple coverage sources requires careful claim handling and typically benefits from prompt counsel involvement.

How long do I have to file a rideshare injury lawsuit?

Adult plaintiffs have two years under California Code of Civil Procedure section 335.1. Property damage claims have three years under section 338. Public-entity defendants for road-defect contributions require a six-month claim under Government Code section 911.2. Minor passengers have until two years after their 18th birthday. Wrongful-death claims arising from a rideshare crash also have two years under section 335.1. The limitation period runs from the date of the crash, not the date the rider noticed injury symptoms.

Are California rideshare drivers classified as employees or independent contractors?

Under Dynamex Operations W. v. Superior Court and AB 5, the ABC test presumes employment status unless the hiring entity proves the worker is free from control, performs work outside the usual business, and is engaged in an independent trade. Proposition 22 created a partial carveout for app-based drivers. The classification matters less for passenger and third-party injury claims because the TNC insurance applies regardless of classification, but it matters for direct corporate liability and workers'-compensation alternatives in driver-injury cases.

Can I sue if the rideshare driver was distracted by the app?

Yes. Distracted driving caused by app interaction supports an ordinary negligence claim against the driver and may support a direct claim against the TNC for app design that encourages distraction. Cell-phone forensics and TNC backend logs reconstruct app activity at the moment of impact. CVC section 23123 prohibits hand-held cell phone use while driving and supplies a negligence-per-se theory when the driver was holding the phone. The combination of these claims typically increases case value substantially.

What if the rideshare driver hit a pedestrian or cyclist?

Pedestrians and cyclists struck by a rideshare driver during an active ride generally have access to the TNC's $1 million liability policy. Outside an active ride, the driver's personal policy applies and the contingent TNC coverage may be triggered. Pedestrian and cyclist injuries are often catastrophic and can exhaust the available limits, in which case underinsured motorist coverage on the victim's own household policy may apply. Crosswalk and right-of-way analysis under the Vehicle Code drives liability in these cases.

Can I refuse to give a recorded statement to Uber's insurance?

Yes. California law does not require an injured claimant to give a recorded statement to a third-party insurer. Adjusters for TNC carriers are trained to ask questions designed to lock the injured party into early statements before the full extent of injury and fault is known. Statements to the claimant's own carrier are usually required by the cooperation clause of their policy, but those statements benefit from advance preparation. Anything recorded is later used by the defense and limits the claim.

How are rideshare crash damages valued in California?

Damages include past and future medical expenses, past and future lost earnings, pain and suffering, emotional distress, scarring and disfigurement, and loss of consortium for spouses. Howell v. Hamilton Meats limits past medical recovery to amounts paid by health insurance, with Pebley v. Santa Clara Organics carving out plaintiffs treating outside insurance. Future medicals are forecast by treating physicians and life-care planners. Catastrophic injuries routinely exhaust the $1 million TNC limit and require pursuit of UM/UIM stacks.

What types of evidence are unique to rideshare and TNC cases?

TNC backend data reconstructs app status, ride identifiers, GPS tracks, the route, the assigned driver, and the passenger. Driver background-check records under Public Utilities Code section 5445.2 disclose any prior criminal or driving-record disqualifications. Rating histories show whether the carrier had notice of unsafe driving complaints. The rider's app screenshots and emails confirming the ride are also important. Preservation letters to the TNC must go out within days of retention because TNC retention policies vary.

Can I bring a class or mass action against Uber for systemic safety issues?

Class certification is possible in narrow circumstances, but California rideshare class actions tied to driver vetting and app design have run into arbitration-clause and individualized-injury hurdles. Most personal-injury cases proceed individually. Mass-action consolidation is sometimes used when multiple plaintiffs sustained injuries in the same crash or pattern of crashes, particularly in commercial vehicle and shuttle-style operations where the TNC operates a fleet. The viability of any class or mass approach depends on the specific facts.

What does it cost to hire an Uber accident lawyer?

Burg & Brock handles rideshare cases on a contingency fee basis under Business & Professions Code section 6147, meaning no fee unless we recover. Case costs, including TNC subpoenas, expert witnesses, deposition transcripts, and trial graphics, are advanced and reimbursed only from any recovery. The fee schedule is disclosed in writing at the outset. Consultations are free and confidential, and the firm coordinates directly with the TNC carrier from the first day of representation.