Hit by a Rideshare Driver, or Hurt as a Passenger? How the Claim Works
A crash with a rideshare car looks like any other until someone asks which insurance applies. The answer turns on a fact you can help pin down at the scene: what the driver's app was doing at that moment.
What California requires, by app status
| App status | Required platform insurance (Public Utilities Code 5433) |
|---|---|
| Ride accepted, through the end of the trip | Primary liability coverage at a much higher single limit for death, injury and property damage; plus primary UM/UIM for passengers of $60,000 per person and $300,000 per incident while they are in the car |
| Logged on, waiting for a request | Primary liability of at least $50,000 per person and $100,000 per incident for injury and $30,000 for property damage, plus excess coverage above that |
| Logged off | None from the platform; the driver's personal policy applies under its own terms |
Two more rules help claimants. The platform's coverage does not depend on the driver's personal policy first denying the claim. And if insurance the driver was supposed to maintain has lapsed, the platform must provide the required coverage from the first dollar.
At the scene: what to collect
- The driver's name, license, plate, VIN and personal insurance, as Vehicle Code 16025 requires of every driver.
- Which platform they were driving for, and whether the app was on, a ride was accepted, or a passenger was aboard. Ask the driver, and note any trade dress on the windshield.
- If you were the passenger, a screenshot of the trip in your own app, with the time.
- Photos, witnesses and the police report number.
Step by step afterward
- Report to your own insurer the same day, whether you were driving the other car or riding as a passenger and have a policy at home.
- Report through the platform. Rideshare platforms commonly offer a way to report a crash in the app; use it so the trip is linked to the claim.
- Open a claim with the platform's insurer, giving the date, time and location so it can confirm the app status from its records.
- File your SR 1 within 10 days if you were a driver and anyone was hurt or any one person's damage exceeds $1,000.
- Keep medical and wage records from the first day; injury claims are built from them.
If you were a passenger
You are rarely at fault, which simplifies things. If another driver caused the crash, their liability coverage comes first. If that driver had no insurance or too little, the platform's passenger UM/UIM of $60,000 per person applies, and the statute makes it primary over any other uninsured or underinsured motorist coverage, including your own.
What can go wrong
- No record of app status. If nobody notes it, the driver's personal insurer and the platform's insurer may each point to the other. Your screenshot or note helps settle it.
- Waiting on the dispute. If your car needs repair, collision can pay now and your insurer can pursue the right party.
- Missing the UM deadline on your own policy, if you end up claiming under it: two years from the accident.
If you drive for an app yourself, the logged-on, waiting period is where gaps tend to appear. Request a quote and ask us about a rideshare endorsement.
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Whose insurance pays if an Uber or Lyft driver hits me?
It depends on the app status. From ride acceptance to trip end, the platform's insurance is primary; while logged on and waiting, required primary limits are lower; when logged off, the driver's personal policy applies under its terms.
Am I covered as a rideshare passenger if an uninsured driver hits us?
California requires the platform to provide uninsured and underinsured motorist coverage of $60,000 per person and $300,000 per incident while you are in the vehicle, primary over other UM coverage.
Does the driver's personal insurer have to deny the claim first?
No. Public Utilities Code 5433 says the platform's coverage does not depend on a personal auto policy first denying the claim.