Hurt in an Uber Crash? Here's How a Claim Against Uber Works in California

Yes, you may be able to sue Uber after a car accident in California, but the answer turns on the facts. The main questions are who caused the crash, whether the driver was logged into the Uber app, and whether a ride was in progress. This guide explains how those points work, so you know what to ask about your own situation.

Can I Sue Uber If I Was in an Accident?

Sometimes you can name Uber in a claim. Liability depends on whether the driver was negligent, and on the legal theories that connect Uber to that driver.

Several people may have a claim after an Uber-related crash. A passenger in the Uber may have one. So may the other driver, a pedestrian, or a cyclist hit by an Uber vehicle. After a fatal crash, certain family members may bring a wrongful death claim. The sections below explain how that works.

Do You Sue Uber, the Driver, or Both?

In many crashes, the driver is the person who caused the collision.

A claim against the driver focuses on what the driver did behind the wheel. A claim against Uber focuses on the link between the company and that driver, such as whether the driver was working on a ride at the time.

The driver’s personal auto policy and any coverage tied to the app may both come into play. In these cases, a company may argue that its drivers are independent contractors rather than employees. That argument can limit a company’s responsibility, but its reach is fact-specific. Keeping both routes open early helps protect your options.

How Uber’s Insurance Coverage Changes by App Period

Which insurance applies often depends on what the driver was doing in the app when the crash happened. Coverage can differ from one period to the next, so the trip timeline matters from the start. Three general periods are worth knowing:

• The app is on, but no ride has been accepted.
• A ride has been accepted, and the driver is heading to the passenger.
• A passenger is in the vehicle, through drop-off.

Write down when the app was on, when the ride began, and when it ended.

California also sets minimum auto liability limits. For policies issued or renewed on or after January 1, 2025, Veh. Code § 16056 requires at least $30,000 for bodily injury or death to one person. It requires $60,000 for two or more persons in one accident, and $15,000 for property damage.

Those minimums may not cover all the losses from a serious injury. If the at-fault driver’s insurer becomes insolvent, Ins. Code § 11580.2 can treat that insured vehicle as uninsured. This applies only to accidents occurring during a policy period in which the insured’s motor vehicle coverage is in effect, when the at-fault driver’s insurer becomes insolvent within one year of the accident.

Steps to Protect a Claim After an Uber-Related Crash

Medical care comes first. Keep every visit summary, diagnosis, bill, and treatment plan in one place. Records made early help connect your injuries to the crash.

Next, gather the timeline facts. These include the Uber app status, trip details and screenshots, the police report number, photos of the scene and vehicles, and names of witnesses.

Be careful with insurers and social media. Statements to an insurance company, and posts about the crash or your activities, can be used in a claim. Before you give a recorded statement, it helps to talk with us first.

Filing Deadlines and Comparative Fault in California

For most injury claims, California gives two years to file a lawsuit. Under Code Civ. Proc. § 335.1, an action for injury caused by another’s wrongful act or neglect must be brought within two years. The California Courts Self-Help Guide notes that these deadlines are subject to exceptions and tolling.

Wrongful death claims fall under the same two-year rule, because the section covers an action for the death of an individual caused by another’s wrongful act or neglect. Contact Colvin Accident Lawyers to learn which deadline applies to your vehicle damage claim. A single crash can carry two deadlines, so don’t assume there is only one.

Under California’s comparative fault rule, an injured person’s own lack of ordinary care can reduce the amount they may recover (Civ. Code § 1714(a)).

What a Claim Can Cover and How Its Value Is Measured

A claim can seek money for the harm a crash caused. Under Civ. Code § 3281, a person who suffers detriment from another’s unlawful act may recover compensation in money. Under Civ. Code § 3333, except where the Code otherwise expressly provides, that amount is the sum that compensates for all detriment proximately caused.

In practice, claims often include medical bills, lost income, future care, and pain and suffering. Pain and suffering is a non-economic loss.

Some motor vehicle claims limit non-economic losses.

No reliable figure can be given for a claim without its facts. Injury severity, documentation, fault, and available coverage all shape a claim’s value.

Free Consultation With Colvin Accident Lawyers

Your first consultation with Colvin Accident Lawyers is free, confidential, and comes with no obligation to continue.

We handle cases for people hurt in crashes involving cars, trucks, motorcycles, bicycles, pedestrians, and buses. We also handle wrongful death cases. We represent families in Kern County and nearby communities.

If an Uber ride or an Uber driver’s crash left you or someone you love hurt, the bills and insurance calls can pile up fast. You don’t have to work out the next step alone. Contact our office to talk through your specific facts.

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