Suing Uber After a Crash: What Bakersfield Riders and Drivers Should Know

How hard is it to sue Uber after a crash? It is possible in California, but the claim usually has more steps than a typical car accident case. The hard parts come from insurance layers, the question of who can be named, and the terms the app uses. This guide explains each issue in plain language.

Suing Uber After a Crash Is Possible but Often Takes Extra Steps

Yes, you can sue Uber or a rideshare driver after a crash, but the process is more complex than most people expect. The basic idea is ordinary negligence. Under Civil Code section 1714, everyone must use ordinary care, and a person who fails to do so can be responsible for the injuries that follow.

Your own share of fault lowers what you can recover.

The harder part is structure. The key questions are which insurance applies, who gets named, and what the rider accepted in the app. How hard your case is turns on the facts of the crash, the app status at the time, and your injuries.

For a broader look at car claims, read our car accident lawyer guide.

App Status and Trip Stage Often Decide Which Insurance Applies

Rideshare insurance can change depending on what the app was doing at the time of the crash. The driver may have the app off, waiting for a request, or on an active trip. That timing can decide which policy a claim goes to first.

When the app is off, the driver’s personal auto policy is usually the first place to look. Personal policies sometimes limit coverage for paid driving, so the exact policy terms matter.

A passenger hurt during an active trip may have different coverage than a pedestrian or another motorist hit by the same vehicle. For that reason, the trip stage should be documented early.

Section 16056 sets the minimum liability limits a policy must meet to be effective under Section 16054; it does not describe the coverage available in an Uber claim. For policies issued or renewed on or after January 1, 2025, a policy or bond that is used under Section 16054 must have bodily injury limits of at least $30,000 for one person and $60,000 for two or more persons in one accident (Vehicle Code section 16056). Cal. Veh. Code § 16056 reads: “(b) A policy or bond shall not be effective under Section 16054 with respect to any vehicle that was not registered in this state or was a vehicle that was registered elsewhere than in this state at the effective date of the policy or bond or the most recent renewal thereof, unless the insurance company or surety company issuing the policy or bond is admitted to do business in this state, or if the company is not admitted to do business in this state, unless it executes a power of attorney authorizing the department to accept service on its behalf of notice or process in any action upon the policy or bond arising out of an accident mentioned in subdivision (a).” Cal. Veh. Code § 16056(a)(2) reads: “(2) Notwithstanding paragraph (1), for any policy or bond issued or renewed on or after January 1, 2025, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than thirty thousand dollars ($30,000) because of bodily injury to or death of one person in any one accident and, subject to that limit for one person, to a limit of not less than sixty thousand dollars ($60,000) because of bodily injury to or death of two or more persons in any one accident, and, if the accident has resulted in injury to, or destruction of property, to a limit of not less than fifteen thousand dollars ($15,000) because of injury to or destruction of property of others in any one accident.” A serious injury can cost far more than that. When the at-fault driver’s coverage falls short, your own uninsured motorist coverage may come into play. California’s definition of an uninsured vehicle also includes an insured motor vehicle where the liability insurer is unable to make payment with respect to the legal liability of its insured within the limits specified therein because of insolvency, but this applies only to accidents during a policy period in which the insured’s motor vehicle coverage is in effect, and only where the liability insurer of the tortfeasor becomes insolvent within one year of the accident.

Who Can Be Named in a Claim Against an Uber Vehicle

A claim may name the driver, Uber, or another person whose conduct played a part. The right defendants depend on the facts. Possible parties include:

• The Uber driver, whose driving is the focus of most claims.
• Uber itself, where the facts support a claim against the company. How much control Uber had over the driver is often disputed, and that question can affect responsibility.
• Another negligent driver, if that driver caused or added to the crash.
• A parts or vehicle maker, if a defect contributed to the injury.

Naming more than one party can matter. Under California’s several liability rule for non-economic damages, each defendant owes only its own share of pain, suffering, and emotional distress. The statute defines economic losses, such as medical bills and lost pay, separately.

If a crash kills someone, state law sets who may bring the wrongful death claim. Code of Civil Procedure section 377.60 provides that a cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons, or by the decedent’s personal representative on their behalf: the decedent’s surviving spouse, domestic partner (meaning a person who, at the time of the decedent’s death, was the decedent’s domestic partner in a registered domestic partnership), children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession (and if the decedent’s parents would be entitled to bring the action under that rule but are deceased, the decedent’s legal guardians, if any, may bring it as if they were the decedent’s parents); whether or not qualified under that first category, the putative spouse, children of the putative spouse, stepchildren, parents, or the legal guardians of the decedent if the parents are deceased, if they were dependent on the decedent; and a minor, whether or not qualified under either of those categories, if, at the time of the decedent’s death, the minor resided for the previous 180 days in the decedent’s household and was dependent on the decedent for one-half or more of the minor’s support. The decedent’s personal representative may also bring the claim on their behalf.

Arbitration Clauses in Rider Terms Can Change the Path

Many app terms include an arbitration clause. Arbitration sends certain disputes to a private arbitrator instead of a courtroom. Whether it applies to a claim turns on who was hurt and when the terms were accepted.

Arbitration is a private process with its own rules. Appeal options are limited, and timing can differ from a lawsuit. Some people find the process unfamiliar, so the steps should be reviewed before anything is signed.

A pedestrian, a cyclist, or a driver in another car never agreed to Uber’s terms. Their claim may follow a different path. That is a separate legal question from a rider’s claim.

What Evidence Makes a Rideshare Claim Easier to Prove

The evidence that matters most documents the crash and the injury. Start collecting it early. Useful items include:

• The police report and the other driver’s contact and insurance details.
• Photos of the vehicles, the road, and any visible injuries.
• Dashcam or phone video, and names of witnesses.
• Medical records that tie your injuries to the crash.
• Receipts for medical costs and lost wages.
• The ride receipt or app screenshots showing the trip.

App trip data is often central. It can show pickup and drop-off times, the route, and the driver’s status. The company holds much of that data, so a claim may need to request it directly.

Write down what you remember while it is fresh. Details blur over days. Medical records do more than prove treatment. They connect the injury to the crash and show the nature of the harm.

Filing Deadlines and Why Timing Matters

California generally gives two years to file a personal injury lawsuit. Under Code of Civil Procedure section 335.1, that two-year period covers injury claims and claims for the death of a person caused by another’s wrongful act or neglect. The California Courts Self-Help Guide explains that the general rule has exceptions and tolling, so the date for your case should be reviewed early.

Insurance claims, arbitration demands, and evidence requests move on their own schedules. Track each one.

How long a settlement takes has no fixed rule. The timing turns on the injuries, the insurance involved, and whether the claim goes to arbitration or court.

Common Questions

Talking Through Your Situation with Colvin Accident Lawyers

If you were hurt in an Uber crash, or you’re helping an injured family member, you may be worried about bills, missed work, and what comes next. That is a lot to carry while you’re still recovering.

Colvin Accident Lawyers is based in Bakersfield, California. The firm handles car accident and wrongful death matters for people in Kern County and nearby communities, including Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi. For the steps involved in an Uber claim, read our how to sue Uber for a car accident guide.

The first consultation is free, confidential, and carries no obligation to continue. If an Uber vehicle was part of your crash, contact Colvin Accident Lawyers to talk through your crash, your injuries, and your options.

Donald Norman Colvin, Colvin Accident Lawyers, Bakersfield, California — responsible for this site.