Rideshare Accident Demand Letters in California: Uber, Lyft, and TNC Claims
California Uber & Lyft Accident Demands
Rideshare insurance claims and TNC accident demand letters
Uber and Lyft accidents in California: Rideshare accidents involve complex insurance layering that depends on the driver’s app status at the time of the collision. California Public Utilities Code § 5430-5445 and California Insurance Code § 11580.9 regulate Transportation Network Companies (TNCs) and mandate specific insurance coverage at each stage of a ride.
Understanding which insurance policy applies—Uber/Lyft’s commercial policy, the driver’s personal policy (if they have rideshare endorsement), or a combination—is critical to maximizing recovery. This guide covers how rideshare insurance works in California, how to identify available coverage, and how to write effective demand letters for Uber and Lyft accidents.
I’m a California-licensed attorney who handles rideshare accident demand letters and claims personally. For broader car accident demand guidance, see the main California car accident demand letters guide.
California rideshare insurance requirements (Uber, Lyft, TNCs)
California Public Utilities Code § 5433: All TNCs (Uber, Lyft, etc.) must maintain primary commercial auto insurance that provides:
- $1 million per incident when driver is en route to pick up or transporting a passenger.
- $50K per person / $100K per accident / $30K property damage (or $200K per accident UM/UIM) when driver is logged into app but has not accepted a ride.
California rideshare insurance is structured in three distinct periods based on the driver’s app status:
| Period | Driver Status | Insurance Coverage |
|---|---|---|
| Period 0 | App is off. Driver is not available for rides. | Driver’s personal auto policy applies (if they have rideshare endorsement; otherwise, personal policy may deny). |
| Period 1 | App is on, driver is waiting for ride request (no passenger accepted). | TNC contingent coverage: $50K/$100K/$30K liability + $200K UM/UIM (Uber/Lyft provide if driver’s personal policy denies). |
| Period 2 | Driver has accepted ride and is en route to pick up passenger. | TNC primary coverage: $1 million liability + $1 million UM/UIM (Uber/Lyft policies). |
| Period 3 | Passenger is in the vehicle (ride in progress). | TNC primary coverage: $1 million liability + $1 million UM/UIM (Uber/Lyft policies). |
Critical distinction: Period 1 coverage ($50K/$100K) is contingent, meaning it only applies if the driver’s personal insurance denies the claim. Periods 2 and 3 coverage ($1 million) is primary, meaning Uber/Lyft’s commercial policy pays first, regardless of the driver’s personal coverage.
California Insurance Code § 11580.9
This statute governs rideshare insurance in California and mandates:
- Primary coverage during Periods 2 & 3: TNC must provide at least $1 million per occurrence, which is primary (not secondary) to any other coverage.
- Contingent coverage during Period 1: TNC must provide at least $50K/$100K/$30K, which applies only if the driver’s personal insurance excludes rideshare activity.
- UM/UIM coverage: TNC must provide $1 million UM/UIM during Periods 2 & 3, and $200K UM/UIM during Period 1 (contingent).
- Notice to drivers: TNCs must inform drivers that personal auto policies may not cover rideshare activity and that drivers may need rideshare endorsements.
Common California rideshare insurers
Uber’s insurers
Uber maintains $1 million commercial policy through James River Insurance (Period 2 & 3). Period 1 contingent coverage also through James River. Claims handled by third-party administrators.
Lyft’s insurers
Lyft maintains $1 million commercial policy through various carriers (historically Hartford, Zurich). Period 1 contingent coverage also provided. Claims handled by third-party administrators.
Driver personal policies with rideshare endorsements
Many California insurers (State Farm, Geico, Allstate, Farmers) now offer rideshare endorsements that cover Period 1 gaps. If driver has endorsement, personal policy covers Period 1; TNC coverage is excess.
Who can claim against rideshare insurance?
- Passengers in the rideshare vehicle: Can claim against Uber/Lyft’s $1 million policy (Periods 2 & 3) or Period 1 coverage (if app was on but no ride accepted).
- Other drivers and passengers: Third-party claimants injured by rideshare driver can claim against Uber/Lyft’s liability coverage based on driver’s app status.
- Rideshare drivers themselves (limited): Uber/Lyft policies typically exclude coverage for the rideshare driver’s own injuries. Drivers must use their personal insurance (if rideshare endorsement covers) or file workers’ comp claims (if classified as employees, which is rare).
- Pedestrians and cyclists: Can claim against Uber/Lyft’s liability coverage if struck by rideshare driver during Periods 1, 2, or 3.
California-specific rideshare accident issues
App status disputes
Insurers may dispute which period applies. Obtain driver’s app records from Uber/Lyft via subpoena or discovery to prove app status at time of collision.
Comparative negligence
California’s pure comparative negligence (Civ. Code § 1714) applies. If rideshare driver is 80% at fault and you are 20% at fault, your recovery is reduced by 20%.
Howell rule (medical damages)
Medical damages are capped at amounts actually paid (not billed). Rideshare insurers aggressively apply Howell v. Hamilton Meats to reduce medical claims.
Prop 213 (uninsured claimants)
If you were uninsured at the time, Prop 213 (Civ. Code § 3333.4) bars pain-and-suffering recovery even in rideshare claims. Economic damages only.
TNC bad faith
Uber and Lyft’s commercial policies are not first-party policies owed to you, so bad-faith claims are limited. However, unreasonable delay or denial may support consequential damages claims.
Statute of limitations
2 years for personal injury (Code Civ. Proc. § 335.1), 3 years for property damage (§ 338). Same as standard car accident claims.
Determining which insurance policy applies to your rideshare accident
The most important question: What was the driver’s app status at the time of the collision? The answer determines which insurance policy applies and the available coverage limits.
How to determine the driver’s app status
1
Check the police report
Police reports often note whether the driver was operating as a rideshare driver at the time. Officers may document Uber/Lyft trade dress (logo placards), passenger presence, or driver’s statement about app status.
2
Ask the driver directly (if possible)
If you can communicate with the driver at the scene, ask: “Was your Uber/Lyft app on? Did you have a passenger or were you en route to pick one up?” Document their answer.
3
Look for rideshare indicators
Photos showing Uber/Lyft logos, trade dress placards in window, or passengers in the vehicle are strong evidence of Periods 2 or 3. No logos and no passengers may suggest Period 0 or 1.
4
Request app records from Uber/Lyft
Send written demand to Uber/Lyft requesting the driver’s app status at the time of the accident. For passengers, Uber/Lyft will usually confirm. For third parties, you may need subpoena or litigation discovery.
5
Contact all potential insurers
File claims with (a) driver’s personal auto insurer, (b) Uber or Lyft (James River, Hartford, etc.), and (c) your own UM/UIM carrier. Let them dispute coverage; you benefit from the highest available limit.
App status disputes: Insurers (especially driver’s personal insurer) may claim the app was on to deny coverage under personal policy. Uber/Lyft may claim the app was off to avoid $1 million primary coverage. Always demand electronic records from Uber/Lyft showing GPS timestamp, app status, and ride status at the time of collision.
Coverage scenarios by period
Period 0
App off → Driver’s personal insurance (if no rideshare exclusion)
If the driver’s app was completely off, this is a standard car accident. The driver’s personal auto policy applies. However, if the driver has been using the vehicle for rideshare and did not disclose this to their personal insurer, the insurer may deny coverage based on commercial use exclusion.
Period 1
App on, waiting for ride → $50K/$100K/$30K (contingent) + $200K UM/UIM
Driver’s personal insurance is primary (if rideshare endorsement covers Period 1). If personal insurance denies, Uber/Lyft’s contingent coverage applies at $50K per person / $100K per accident for liability, plus $200K UM/UIM.
Period 1 gap: Many personal auto policies exclude rideshare activity entirely. If the driver has no rideshare endorsement and the app was on, personal insurer denies → you are limited to Uber/Lyft’s $50K/$100K contingent coverage. This is often insufficient for serious injuries.
Periods 2 & 3
Ride accepted or passenger in vehicle → $1 million primary + $1 million UM/UIM
Uber/Lyft’s commercial policy provides $1 million per occurrence (primary coverage). This applies whether the driver is en route to pick up the passenger (Period 2) or the passenger is already in the vehicle (Period 3). UM/UIM coverage is also $1 million.
Best-case scenario for claimants: Driver was in Periods 2 or 3. You have access to $1 million liability limits plus $1 million UM/UIM. Most serious rideshare injury claims fall within this range.
What if multiple insurance policies apply?
If the driver has a rideshare endorsement on their personal policy, coverage may overlap during Period 1. In this case:
- Personal policy with rideshare endorsement is primary during Period 1 (typically $50K-$100K).
- Uber/Lyft’s contingent coverage is excess (adds another $50K/$100K if personal policy limits are exhausted).
- Total available coverage in Period 1 with rideshare endorsement: personal limits + TNC contingent limits.
During Periods 2 & 3, Uber/Lyft’s $1 million policy is always primary. The driver’s personal policy (even with rideshare endorsement) is typically excluded or excess.
Demand letters for rideshare passengers (Uber, Lyft)
Passengers have the strongest claims: If you were a passenger in an Uber or Lyft during Periods 2 or 3, you have access to $1 million in liability coverage (no comparative negligence issue, since passengers cannot be at fault for driver’s actions).
What passengers can recover
- Medical expenses: All reasonable and necessary treatment (ER, imaging, specialists, physical therapy, surgery). Howell-adjusted to amounts actually paid.
- Lost wages: Income lost due to inability to work during recovery.
- Pain and suffering: Non-economic damages for physical pain, emotional distress, loss of enjoyment of life.
- Property damage: Personal belongings damaged in the crash (laptop, phone, luggage, etc.).
- Future medical care: Estimated cost of ongoing treatment, physical therapy, or surgeries if permanency is established.
Passenger claim process
1
Report the accident via the Uber/Lyft app
Use the app’s incident reporting feature immediately. This creates a claim number and confirms your passenger status at the time of the accident.
2
Obtain police report and medical records
Get the traffic collision report from law enforcement. Gather all medical records, bills, and EOBs showing treatment related to the accident.
3
Complete treatment (reach MMI)
Do not settle until you have finished all medical treatment or reached maximum medical improvement. Settling prematurely forfeits future medical claims.
4
Send comprehensive demand letter
Address to Uber/Lyft’s claims administrator (James River, Hartford, or third-party administrator). Include all medical records, billing, wage-loss documentation, police report, and photos.
5
Negotiate settlement
Initial offers from TNC insurers are typically low. Counter with detailed rebuttal citing California law (Howell, comparative negligence if applicable, future medical needs).
Passenger comparative negligence (rare): Passengers are almost never comparatively negligent. However, if you distracted the driver (e.g., grabbed the steering wheel, assaulted the driver), the insurer may argue comparative fault under Civ. Code § 1714.
Sample passenger demand letter opening
[Your Name]
[Address]
[Date]
[Uber/Lyft Claims Administrator]
[Address]
RE: Passenger Injury Claim – [Your Name] – Claim No. [XXX]
Date of Loss: [Date]
Uber/Lyft Driver: [Name]
Passenger: [Your Name]
Dear Claims Manager:
I am writing to demand compensation for injuries I sustained as a passenger in an Uber/Lyft vehicle on [Date]. At the time of the collision, I was a fare-paying passenger being transported from [pickup location] to [destination] via the Uber/Lyft app (Trip ID: [XXX]).
Accident Summary:
On [Date] at approximately [time], the Uber/Lyft driver, [Driver Name], [describe collision—e.g., failed to stop at a red light and was struck by cross-traffic]. The collision occurred at [intersection/location], [City], California. The [City] Police Department responded and issued report no. [XXX].
Liability:
[Driver Name] is 100% at fault for the collision [cite Vehicle Code violation if applicable, e.g., violation of Veh. Code § 21453(a) for running red light]. As a passenger, I bore no responsibility for the accident and am entitled to full compensation under California law (Civ. Code § 1714).
Insurance Coverage:
Pursuant to California Public Utilities Code § 5433 and Insurance Code § 11580.9, Uber/Lyft provides $1 million in primary liability coverage for passengers injured while being transported (Period 3 coverage). I am claiming under this policy.
[Continue with injuries, medical treatment, economic damages, non-economic damages, and demand amount…]
[Address]
[Date]
[Uber/Lyft Claims Administrator]
[Address]
RE: Passenger Injury Claim – [Your Name] – Claim No. [XXX]
Date of Loss: [Date]
Uber/Lyft Driver: [Name]
Passenger: [Your Name]
Dear Claims Manager:
I am writing to demand compensation for injuries I sustained as a passenger in an Uber/Lyft vehicle on [Date]. At the time of the collision, I was a fare-paying passenger being transported from [pickup location] to [destination] via the Uber/Lyft app (Trip ID: [XXX]).
Accident Summary:
On [Date] at approximately [time], the Uber/Lyft driver, [Driver Name], [describe collision—e.g., failed to stop at a red light and was struck by cross-traffic]. The collision occurred at [intersection/location], [City], California. The [City] Police Department responded and issued report no. [XXX].
Liability:
[Driver Name] is 100% at fault for the collision [cite Vehicle Code violation if applicable, e.g., violation of Veh. Code § 21453(a) for running red light]. As a passenger, I bore no responsibility for the accident and am entitled to full compensation under California law (Civ. Code § 1714).
Insurance Coverage:
Pursuant to California Public Utilities Code § 5433 and Insurance Code § 11580.9, Uber/Lyft provides $1 million in primary liability coverage for passengers injured while being transported (Period 3 coverage). I am claiming under this policy.
[Continue with injuries, medical treatment, economic damages, non-economic damages, and demand amount…]
Demand letters for third-party claimants (hit by Uber/Lyft driver)
Third-party claimants: If you were driving, walking, cycling, or otherwise injured by an Uber or Lyft driver, you are a third-party claimant. Your recovery depends on proving the rideshare driver’s fault and identifying the correct insurance policy based on app status.
Challenges for third-party rideshare claims
- Comparative negligence: Unlike passengers, third-party claimants can be found comparatively at fault. California’s pure comparative negligence (Civ. Code § 1714) applies—your recovery is reduced by your percentage of fault.
- App status disputes: Insurers may dispute whether the app was on and which period applies. You may need to subpoena Uber/Lyft for app records.
- Policy limits: If the driver was in Period 1 (app on, no ride accepted), you may only have $50K/$100K contingent coverage—insufficient for serious injuries.
- Driver’s personal insurer may deny: If the driver failed to disclose rideshare activity, their personal insurer may deny coverage, leaving you with TNC contingent coverage only.
Third-party claim process
1
Identify the driver as Uber/Lyft driver
Check police report, photos of the scene (look for Uber/Lyft trade dress), or ask witnesses. Contact Uber/Lyft directly to confirm driver status.
2
Determine app status at time of collision
Request app records from Uber/Lyft. If they refuse, demand via attorney letter or subpoena in litigation. App status determines whether you have $50K/$100K or $1 million in coverage.
3
File claims with all potential insurers
File with (a) driver’s personal insurer, (b) Uber/Lyft (via James River, Hartford, or TPA), and (c) your own UM/UIM carrier if driver is uninsured/underinsured. Let insurers fight over primary vs. contingent coverage.
4
Complete treatment and gather evidence
Reach maximum medical improvement. Gather all medical records, billing (Howell-adjusted), wage-loss documentation, police report, photos, witness statements.
5
Send demand letter to all insurers
Address separate demand letters to each insurer (driver’s personal carrier and Uber/Lyft’s carrier). Cite California PUC § 5433, Ins. Code § 11580.9, and applicable case law.
6
Negotiate or litigate
If insurers deny or make lowball offers, negotiate with evidence of app status, liability, and damages. If no reasonable settlement, file lawsuit and use discovery to obtain app records and force settlement.
Period 1 insufficient coverage scenario: If the driver was in Period 1 and their personal insurer denies, you may be limited to $50K/$100K from Uber/Lyft. If your damages exceed this, pursue your own UM/UIM carrier for the shortfall (if you have UIM coverage exceeding $100K).
Sample third-party demand letter opening
[Your Name]
[Address]
[Date]
[Uber/Lyft Claims Administrator or Driver’s Personal Insurer]
[Address]
RE: Third-Party Liability Claim – [Your Name] – Claim No. [XXX]
Date of Loss: [Date]
At-Fault Driver: [Name]
Claimant: [Your Name]
Dear Claims Manager:
I am writing to demand compensation for injuries and property damage resulting from a collision with your insured, [Driver Name], who was operating as an Uber/Lyft driver at the time of the accident on [Date].
Accident Summary:
On [Date], your insured [describe collision—e.g., failed to yield right-of-way and struck my vehicle while making a left turn]. The collision occurred at [location], [City], California. The [City] Police Department responded and issued report no. [XXX], citing your insured for violation of Vehicle Code § [XXX].
Rideshare Status:
At the time of the collision, [Driver Name] was operating as an Uber/Lyft driver. Evidence includes [police report notation, Uber/Lyft trade dress visible in photos, passenger in vehicle, etc.]. Based on [passenger presence / app status records], the driver was in Period [2 or 3], which triggers Uber/Lyft’s $1 million primary commercial liability coverage under California Public Utilities Code § 5433 and Insurance Code § 11580.9.
Liability:
Your insured is 100% at fault. [Cite evidence: police report findings, witness statements, Vehicle Code violations, physical evidence.] Under California Civil Code § 1714, your insured is liable for all damages proximately caused by their negligence.
[Continue with injuries, damages, and demand…]
[Address]
[Date]
[Uber/Lyft Claims Administrator or Driver’s Personal Insurer]
[Address]
RE: Third-Party Liability Claim – [Your Name] – Claim No. [XXX]
Date of Loss: [Date]
At-Fault Driver: [Name]
Claimant: [Your Name]
Dear Claims Manager:
I am writing to demand compensation for injuries and property damage resulting from a collision with your insured, [Driver Name], who was operating as an Uber/Lyft driver at the time of the accident on [Date].
Accident Summary:
On [Date], your insured [describe collision—e.g., failed to yield right-of-way and struck my vehicle while making a left turn]. The collision occurred at [location], [City], California. The [City] Police Department responded and issued report no. [XXX], citing your insured for violation of Vehicle Code § [XXX].
Rideshare Status:
At the time of the collision, [Driver Name] was operating as an Uber/Lyft driver. Evidence includes [police report notation, Uber/Lyft trade dress visible in photos, passenger in vehicle, etc.]. Based on [passenger presence / app status records], the driver was in Period [2 or 3], which triggers Uber/Lyft’s $1 million primary commercial liability coverage under California Public Utilities Code § 5433 and Insurance Code § 11580.9.
Liability:
Your insured is 100% at fault. [Cite evidence: police report findings, witness statements, Vehicle Code violations, physical evidence.] Under California Civil Code § 1714, your insured is liable for all damages proximately caused by their negligence.
[Continue with injuries, damages, and demand…]
Key elements of rideshare demand letters in California
Rideshare-specific information to include
- App status evidence: Police report, photos of Uber/Lyft trade dress, witness statements, app records from Uber/Lyft, or passenger confirmation.
- Trip ID (for passengers): Include your trip ID from the Uber/Lyft app to confirm passenger status and exact time of ride.
- Citation of California PUC § 5433 and Ins. Code § 11580.9: Establish that Uber/Lyft is required to provide $1 million coverage during Periods 2 & 3.
- Period identification: Explicitly state which period (1, 2, or 3) the driver was in at the time of collision, and what coverage this triggers.
- Multiple insurer notice: If you are filing claims with both driver’s personal insurer and Uber/Lyft, note that you are pursuing all available coverage and let them resolve primary vs. excess disputes.
California-specific legal citations for rideshare demands
- Pub. Util. Code § 5433: Mandates $1 million primary liability coverage during Periods 2 & 3.
- Ins. Code § 11580.9: Governs TNC insurance requirements in California, including UM/UIM and contingent coverage.
- Civ. Code § 1714: Establishes negligence liability and pure comparative negligence.
- Howell v. Hamilton Meats (2011): Medical damages limited to amounts actually paid (not billed).
- Civ. Code § 3333.4 (Prop 213): If you were uninsured, no pain-and-suffering recovery.
- Vehicle Code violations: Cite specific Vehicle Code sections violated by driver (e.g., § 21453 red light, § 21801 failure to yield).
Common rideshare insurer defenses
“App was off” (Period 0)
Uber/Lyft claims driver’s app was off to avoid $1 million coverage. Rebut with police report, photos of trade dress, passenger testimony, or subpoena app records.
Comparative negligence
Insurer claims you were partially at fault. Rebut with police report findings, witness statements, Vehicle Code violations by driver, physical evidence (skid marks, vehicle damage).
Howell adjustments
Insurer reduces medical bills to amounts paid (Howell rule). Counter by providing EOBs showing actual payments and argue full billed amount for liens or future care.
Prop 213 (uninsured)
If you were uninsured, insurer bars pain-and-suffering. Acknowledge Prop 213 applies but demand full economic damages (medical, wage loss, property).
Causation disputes
Insurer claims injuries are pre-existing or unrelated. Rebut with medical records showing no prior symptoms, expert opinions linking injuries to accident, timeline of symptom onset.
Policy limits (Period 1)
If driver was in Period 1, insurer offers only $50K/$100K. Pursue your own UIM carrier for shortfall, or litigate to establish driver was actually in Period 2/3.
How I handle California rideshare accident demand letters and claims
I am a California-licensed attorney who personally handles Uber and Lyft accident claims. Rideshare claims involve complex insurance layering, app status disputes, and California-specific regulations that require careful analysis to maximize recovery.
Services for rideshare claimants
App status investigation
I obtain app records from Uber/Lyft via demand letter or subpoena, analyze GPS and timestamp data to establish Period 1, 2, or 3 status, and identify available coverage.
Coverage maximization
I file claims with all potential insurers (driver’s personal, Uber/Lyft, your UM/UIM), identify primary vs. contingent coverage, and pursue the highest available limits.
Rideshare demand letters
I draft comprehensive demand letters citing California PUC § 5433, Ins. Code § 11580.9, and applicable case law, with full documentation of app status, liability, and damages.
Passenger vs. third-party claims
I handle both passenger claims (no comparative negligence) and third-party claims (potential comparative fault), tailoring demand strategy to claim type.
Period 1 gap claims
When driver was in Period 1 and coverage is limited to $50K/$100K, I pursue UIM claims against your own carrier for the shortfall and negotiate with all available insurers.
Litigation and discovery
If insurers dispute app status or deny coverage, I file suit and use discovery to compel Uber/Lyft to produce app records, GPS data, and ride logs to establish Period 2/3 coverage.
Why rideshare claims require California-specific expertise
- PUC and Insurance Code compliance: California’s TNC insurance regulations (PUC § 5433, Ins. Code § 11580.9) are unique and govern coverage triggers, primary vs. contingent status, and UM/UIM requirements.
- App status disputes: Insurers routinely dispute which period applies to avoid $1 million coverage. Obtaining and analyzing app records requires subpoena power and technical expertise.
- Period 1 coverage gaps: The $50K/$100K contingent coverage in Period 1 is often insufficient. Identifying additional coverage sources (rideshare endorsements, UIM stacking) is critical.
- Howell and Prop 213 application: Rideshare insurers aggressively apply Howell (medical reduction) and Prop 213 (uninsured claimant bar) to reduce payouts.
- Passenger vs. third-party strategy: Passengers have strong claims (no comp negligence), but third-party claimants face comp negligence defenses and app status disputes requiring different demand strategies.
Injured in an Uber or Lyft accident in California?
I handle rideshare demand letters, app status disputes, and coverage maximization throughout California.
Email: owner@terms.law
Frequently asked questions: California rideshare accidents
You typically sue the driver, not Uber/Lyft directly. Uber and Lyft classify drivers as independent contractors, not employees, so the companies are generally not vicariously liable for driver negligence.
However, Uber/Lyft’s insurance policies cover the driver during Periods 1, 2, and 3. You file a claim against those policies (administered by James River, Hartford, or third-party administrators), not against Uber/Lyft as an entity.
Exceptions (rare): You may sue Uber/Lyft directly if the company was negligent in hiring (e.g., failed to conduct background check), in vehicle maintenance (if Uber/Lyft owned the vehicle), or if California law changes to classify drivers as employees.
If the rideshare driver fled, treat it as a hit-and-run claim:
- File a police report immediately and note any identifying information (license plate, vehicle description, Uber/Lyft trade dress).
- If you were a passenger, you likely have trip records in the app showing the driver’s identity. Report via the app and Uber/Lyft will identify the driver.
- If you were a third party and cannot identify the driver, you may still file a UM claim with your own carrier if you can prove physical contact occurred (per Ins. Code § 11580.2 phantom vehicle rules).
- If the driver is identified and was in Periods 2 or 3, Uber/Lyft’s $1 million policy still applies even though the driver fled.
Rideshare drivers’ injury claims are complicated:
Uber/Lyft’s commercial policies do NOT cover driver injuries. The $1 million liability coverage is for passengers and third parties, not the driver.
Driver’s options:
- Personal auto insurance: If the driver has a rideshare endorsement, their personal policy may cover their own injuries during Periods 1, 2, and 3 (check policy language).
- Health insurance: Driver’s health insurance covers medical treatment (subject to subrogation if third-party recovery occurs).
- Third-party claim: If another driver was at fault, the rideshare driver can file a third-party claim against that driver’s liability policy.
- Workers’ compensation: Generally not available. Uber/Lyft classify drivers as independent contractors, not employees, so workers’ comp does not apply in most cases.
Simple cases (Periods 2/3, clear liability, minor injuries): 3-6 months from demand letter to settlement if insurer accepts liability and damages are straightforward.
Complex cases (app status disputes, comparative negligence, serious injuries): 6-18 months if you need to subpoena app records, negotiate with multiple insurers, or litigate app status/coverage disputes.
Litigation: 1-3 years if you must file a lawsuit to resolve app status disputes, obtain discovery from Uber/Lyft, or take the case to trial/arbitration.
Factor that delays settlements: App status disputes (Period 1 vs. 2/3), comparative negligence arguments, Howell medical reductions, UIM exhaustion requirements, and low initial offers.
If you were a passenger in an Uber/Lyft and another driver caused the accident, you have multiple coverage sources:
Option 1: Claim against at-fault driver’s liability policy (standard third-party claim).
Option 2: Claim against Uber/Lyft’s $1 million policy under uninsured/underinsured motorist coverage (if the at-fault driver is uninsured or underinsured). Uber/Lyft’s $1 million UM/UIM coverage protects passengers when other drivers are at fault and have insufficient insurance.
Strategy: File claims against both. If the at-fault driver has low limits (e.g., $15K/$30K) and your damages are $200K, exhaust the at-fault driver’s $30K, then claim the remaining $170K from Uber/Lyft’s $1 million UIM policy.
Passengers: Uber/Lyft usually confirms your trip details (trip ID, driver name, time, route) via the app or customer service. This is sufficient to establish passenger status.
Third-party claimants: Uber/Lyft will not voluntarily provide driver app records to third parties. You must either:
- Send a formal demand letter from an attorney requesting app status records.
- File a lawsuit and subpoena Uber/Lyft for app records, GPS data, and ride logs during discovery.
- Subpoena the driver’s phone records to show app was active at the time.
App records are critical in disputes over Period 1 vs. Periods 2/3, as they determine whether you have $50K/$100K or $1 million in coverage.