How Uber Insurance Claims Work in California: A Step-by-Step Guide

How Uber Insurance Claims Work in California

As ridesharing services such as Uber and Lyft continue to grow in popularity throughout California, the risk of serious incidents such as car accidents also begins to gradually increase. The more drivers that are on the road, the greater the likelihood of getting into a car accident. This is not to scare you from getting into a car, but it is important to be aware of the risks and know what to do in the event something happens during an Uber ride.

If you find yourself in an Uber ride car accident, do not panic. Filing for an insurance claim can be a straightforward process with the help of a legal team, and we are here to provide you with a step-by-step guide on how to file an Uber car accident claim in the state of California.

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Uber Statistics in 2022

  • Uber is available in 72 countries and over 10,000 cities.
  • Uber currently has 5.4 million drivers registered to work with them.
  • Around 1.5 million of these drivers are located in the United States.
  • Around 45% of Uber drivers are white.
  • 14% of Uber drivers are women.
  • Around 52% of Uber riders are male.
  • Around 48% of Uber riders live in a suburban area.

Important Uber and Lyft Rideshare Accident Statistics for 2024

When millions of drivers take to the road each day, the likelihood of an accident is extremely probable. According to the National Highway Traffic Safety Administration (NHTSA), traffic fatalities are a leading cause of death, especially among young adults. This is mainly due to inexperienced drivers, intoxicated drivers, and dangerous road hazards.

The NHTSA also stated that an estimated 31,720 people have been killed in fatal motor vehicle accidents from January to September 2021. This is a 12 percent increase compared to the first nine months of 2020, where the total was 28,325 deaths.

This increase in vehicle accidents can be attributed, in part, to the increase in rideshare services such as Uber and Lyft. The 2024 rideshare accident statistics include:

  • The increasing number of ride-sharing vehicles on the road contributes to nearly 1,000 car accidents every day.
  • Uber’s pricing has increased by 92% from 2018 to 2021.
  • From 2017 to 2018, Uber cars were involved in 97 fatal accidents resulting in 107 deaths.
How Uber Insurance Claims Work in California
How Uber Insurance Claims Work in California

How Rideshare Accidents Differ From Other Car Accidents

While a rideshare accident may seem like any other car crash, there are a few distinct differences in how you would go about navigating the claim within the legal system. For starters, Uber insures their drivers a little bit differently. Uber provides each of their drivers with a $1 million liability policy for trips that are verified within the app. If the trip is not verified, then the only policy that would apply to the accident would be the driver’s personal insurance policy.

In addition, Uber drivers are independent contractors, not official Uber employees. This gives Uber some distance from the driver in the event of an accident, to where they can deny liability for the accident and pin it on the driver themselves.

Lastly, there is no official training to become a Lyft or Uber driver. Neither of these companies provide training or even screen their drivers before allowing them to drive for them. This means that you are essentially putting yourself in the trust of an untrained commercial driver, which comes with its own set of risks.

Who is Liable for an Uber Crash?

The big thing everyone wants to argue about after a rideshare car accident is who is liable or at fault for the accident. There are a handful of parties who can be found liable for a rideshare accident, including:

  • The Uber drivers themselves
  • A third-party driver that was involved in the accident
  • Potential government bodies who did not have proper signage or poor road conditions at the scene of the accident
  • The manufacturer of the vehicles involved, in the event something went wrong with the car itself
  • Uber as a company, though this is the toughest one to prove as their drivers are independent contractors

Part of figuring out who is liable for a car accident is understanding California’s comparative fault system. What that means is that California does not view liability as a black-and-white one party is liable and the other is not. In fact, each party involved can be viewed as partially responsible for the accident, and that percentage of fault that lands on you impacts how much compensation you can earn for the accident.

Understanding the Legal Aspects of Uber Accident Claims

When looking at the legal aspects of filing an Uber accident claim, there are two main things to keep in mind:

  • Uber’s insurance policy
  • The factors that contribute to car accidents involving Uber

To start, Uber’s insurance policy differs depending on what stage in the Uber process the accident took place. For example, an accident that occurs while the driver is waiting for a ride request is only covered by liability coverage. However, if the accident occurs while the driver is en route to pick up the passenger or during the trip itself, then that $1 million comprehensive coverage kicks in.

In addition, the factors that caused the accident can help strengthen your case against the negligent party. The two most common factors that contribute to an Uber or Lyft vehicle accident are distracted driving and driver fatigue from working long hours.

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Uber’s Accident Policy Overview

Before you can determine how much money you can earn from suing for an Uber collision, we must first go over Uber’s accident policy and what the requirements are for suing. Uber’s policy also varies depending on the state that you live in, so we will also go over the compensation you can expect to earn in the state of California.

How Much Can I Sue After an Uber Collision?

While that $1 million liability coverage sounds lovely, Uber has that number under strict rules and conditions that must be met. Firstly, this coverage is only available if the Uber driver was active in the app and they were either en route to pick up the rider or the rider was in the vehicle at the time of the accident. If these requirements are not met, then the driver’s personal insurance policy is what would be applied to the accident.

Uber Injury Compensation in California

If the accident is not covered by Uber’s liability coverage, then the company requires its California drivers to have the minimum liability coverage that is required by the state. These policies include $30,000 for bodily injury or death to two or more individuals in a single accident, $15,000 for bodily injury or death to a single individual in a single accident, and $5,000 for injury or property damage caused to another person in a single accident.

What Damages Can You Request in an Uber Accident Claim in California?

There are two main types of damage that you can claim after an Uber accident: economic and non-economic. Think of economic damages as the financial repercussions like bills, while non-economic damages include psychological repercussions such as post-traumatic stress disorder (PTSD).

Economic Damages

  • Medical bills and expenses
  • Loss of income from being unable to work, both currently and in the future
  • Property damage from anything that was broken during the accident

Non-Economic Damages

  • Pain and suffering, both physical and mental
  • Loss of quality of life
  • Loss of the use of a limb
  • Post-traumatic stress disorder (PTSD)
  • Any scarring or disfigurement caused by the accident

While your initial thought may be to focus on the economic damages caused by an Uber accident, the non-economic damages play just as much of a part in the amount of compensation that you can earn. While economic damages will cover any medical expenses and other bills caused by the accident, non-economic damages can increase your compensation amount to help with the potential psychological repercussions of a traumatic accident.

types of damages uber accident
What Damages Can You Request in an Uber Accident Claim in California?

How Insurance Works With Uber Accident Claims

As previously mentioned, Uber’s liability insurance has specific restrictions and can vary depending on the status of the trip at the time of the accident. If the accident does not meet the specific restrictions to qualify for Uber’s coverage, then the driver’s personal policy is what would be applied to the accident. Working with a team of rideshare accident lawyers in Los Angeles can help you determine the amount of compensation that you qualify for.

Does Uber’s Liability Policy Pay for My Damages?

Despite the large sum of money promised by Uber’s liability policy, the policy is multi-tiered and the compensation for damages can vary drastically based on the circumstances surrounding the accident. Uber car accident settlements in California can vary depending on the status of the driver in the Uber app and external factors such as third-party involvement.

How Does California’s Pure Comparative Negligence Factor into My Claim?

California’s pure comparative negligence can play a role in how much compensation you earn for an Uber car accident. The percentage at fault that you are deemed for the accident can increase or decrease the amount of compensation that you can earn, the more liable you are found then the less compensation you can receive.

How to File Uber Accident Claims

  1. Consult with a legal attorney who is well-versed in California law and has experience with Uber or rideshare accident claims.
  2. Report the accident to the police so there is a record of the incident.
  3. Report the accident to Uber directly through their inquiries portal or on their website.
  4. Collect as much evidence as you can surrounding the accident, including photos, medical records, and witness statements.
  5. File a claim within California’s 2-year statute of limitations for car accident claims.

Common Challenges You Could Face When Trying to Settle an Accident Claim with Uber

  • Determining who is at fault for the accident
  • Navigating the complexities of Uber’s insurance policies
  • Obtaining medical records for any injuries sustained from the accident
  • Dealing with an insured or uninsured driver
  • Delays in processing the claim
  • Negotiating for a fair settlement
  • Determining the limits of the insurance policies applied to the accident

Hire an Experienced Rideshare Accident Attorneys for Maximum Compensation

Why should you work with an experienced attorney as you navigate the legal process of filing a rideshare accident claim? They are not just a source of legal advice, they know the legal system like the back of their hand. An experienced Uber Accident attorney can help guide you through the complexities of the legal process, as well as join you in the fight against large rideshare companies like Uber and Lyft that are not going to give up easily.

Looking for a team of rideshare accident attorneys in California who will join you in the fray? Compass Law Group, LLP is your team of professional attorneys who will point you in the right direction and guide you through the legal system in the Los Angeles area. Our group is dedicated to fighting for the justice that you deserve, and we have the experience and skills to win your case.

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