Costa Mesa Uber & Lyft Accident Lawyer
Hurt in an Uber or Lyft, or hit by a driver working the app? Which insurance pays depends on what the app showed at the moment of the crash, how many people were hurt, and who caused it.
I'm Joseph Gallo, an Uber accident lawyer at Gallo Law. I answer my own phone, day or night, and help you work out what to do next.
Free consultation No fee unless we win Available 24/7
Who you'll talk to
Costa Mesa Uber Accident Attorney Who Answers the Phone
When you call Gallo Law in Costa Mesa, I'm the Uber accident lawyer you reach. I've been licensed in California since 2017, and I handle your case myself, from the first call to the end.
The first things I want to know are whether you were a driver or passenger, who caused the crash, and how many people were hurt. Those answers, along with the driver's app status, help determine which policies apply and how much coverage may be available. If several people are claiming the same limited policy, how that money is divided matters too.
If you were hurt as a passenger, or hit by a rideshare car anywhere in Orange County, call me before you give a recorded statement or agree to how the money gets divided. Your first conversation with me is free. We'll talk through what happened and what to do next.
Rideshare insurance
The App Status at the Moment of the Crash Decides Which Policy Pays
California requires Uber, Lyft, and other rideshare companies to carry insurance in tiers. The tier that applies depends on what the driver was doing in the app when the crash happened.
App off
Personal policy
California's rideshare insurance rules begin when the driver logs on. With the app off, the driver's own auto policy is generally the main source of coverage.
App on, waiting for a request
$50K / $100K + $200K excess
At least $50,000 per person and $100,000 per crash for injuries, $30,000 for property damage, plus $200,000 in excess coverage the rideshare company must carry.
Ride accepted through drop-off
$1,000,000
Primary coverage for injury, death, and property damage, from the moment the driver accepts a ride request until the ride ends.
Source: California Public Utilities Code § 5433(b)–(c), current text reviewed October 2026. The app-off tier reflects when those requirements begin.
That is why the driver's app records matter so much. If the driver had accepted your ride and caused the crash, the $1,000,000 policy covers the driver's liability whether or not the driver counts as an employee. You don't have to win that argument to reach the coverage. If another driver caused the crash, the rideshare uninsured motorist coverage below is what protects you.
Uber and Lyft may argue the driver wasn't on the app. The trip and app-status records help establish the timeline, so they are worth requesting early. I would want an explanation if a driver logged off while a passenger was still in the car:
“So you picked this person up, and you just logged off the app while you were driving them? What's that about? That becomes very suspicious.”
Joseph Gallo, founding attorney
What changed in 2026
California Cut Rideshare Uninsured Motorist Coverage to $60,000 Per Person
Since January 1, 2026, the uninsured and underinsured motorist coverage that protects rideshare passengers is $60,000 per person and $300,000 per crash. Before that, it was $1,000,000.
This coverage matters when another driver causes the crash and carries little or no insurance. It applies from the moment you get into the car until you get out, it pays before any other uninsured motorist coverage, and the rideshare company alone must provide it (California Public Utilities Code § 5433(b)(2), as amended by SB 371).
The $300,000 is shared by everyone in the car. That does not mean every injured passenger can recover $60,000: the total available for the crash also limits what each person can receive.
Example (hypothetical)
Six passengers are hurt, and each claim is worth more than $60,000.
| Limit | Amount |
|---|---|
| Per-person cap | $60,000 |
| Per-crash cap shared by all six | $300,000 |
| Even split | $50,000 each |
Injuries are rarely equal, so the split rarely is either. How the money is divided becomes its own negotiation.
In that negotiation, the evidence needs to show how your injuries compare with the other claims. It is also important to identify other coverage that may be available, starting with the at-fault driver's policy.
Call From the Scene
Talk With Me Before You Leave the Scene
If you're in a crash, you can call me at 3 p.m. or 3 a.m. Through Call From the Scene, I'll help you work through what to say to the police and EMTs, which evidence to collect, and your questions about getting medical care. The call is free, with no obligation to hire me.
At the scene
Photos and Witness Contacts Are the Evidence to Get First
If you are able to move safely, photograph both vehicles and the other driver's documents, and get every witness's phone number before the police arrive.
- Both vehicles and the damage, from several angles
- The other driver and their license plate
- Their driver's license and registration card, which shows who owns the car
- Skid marks, or the lack of them, since no skid marks can mean a driver never braked
- Witness names and phone numbers, collected right away
- If you were the passenger, a screenshot of the trip in the Uber or Lyft app, showing the driver and the time
I have seen what happens when a client assumes the police will collect a witness's information. In one case, my client waited for the officer, who then told the client not to approach the witness. The officer never wrote a report or took the witness's contact information. If you can safely get a witness's name and phone number yourself, don't assume someone else will do it.
It can be hard to remember what to do in the middle of a crash. That's why I offer help by phone while you're there. To keep the list handy, see our Orange County car accident checklist.
What you're up against
Uber and Lyft Contest These Claims on Several Fronts
I expect rideshare companies to challenge the claim, from which policy applies to whether the crash caused your injuries. That is why the case needs supporting evidence from the start.
“They fight you every step of the way.”
Joseph Gallo, on Uber, Lyft, and Waymo
“The driver isn't our employee.”
Rideshare companies classify drivers as independent contractors, and California's Proposition 22 supports that classification when its conditions are met. Whether Uber or Lyft can still be held responsible for a driver's conduct is a contested question. In my view, the company's control over the driver's work is a key factor. When the driver had accepted a ride and caused the crash, the $1,000,000 policy covers the driver's liability either way.
“The driver wasn't on the app.”
The company may claim the crash happened outside any trip. That is a records question, and the records usually answer it.
“Those injuries were already there.”
Expect the insurer to look for older injuries and argue the crash didn't cause your pain. Tell me about prior injuries up front so I can understand what changed after the crash.
“You waited too long to see a doctor.”
A week before your first visit, or a two-month break in treatment, becomes an argument that you weren't really hurt. Getting checked promptly and following through keeps your records consistent with what happened.
Hit by a rideshare car
If an Uber or Lyft Driver Hits You, the Claim Starts in the App
If a rideshare driver hit your car, or hit you while you were walking or riding a bike, the claim starts much like any other: through the company's app, the way you might file with State Farm or GEICO.
The coverage follows the same app-status tiers described above. The required coverage rises when the driver accepts a ride, which is why the trip records matter even if you were outside the rideshare car.
The rideshare policy also doesn't wait for the driver's personal insurer to deny the claim first (§ 5433(d)). Pedestrians and cyclists can find more on our Orange County pedestrian accident and Costa Mesa bicycle accident pages.
Waymo and driverless cars
A Driverless Car Crash Can Be a Product Liability Case
When no one is driving, responsibility can fall on the vehicle's owner, its manufacturer, and the companies that wrote the software controlling it.
When responsibility is unclear, the safer course is to name everyone who may be responsible. The claim may be ordinary negligence, product liability, or both, depending on whether the crash traces to how the vehicle was operated or to a defect in the vehicle or its software.
I have not yet handled a driverless crash claim. If you were hurt by or inside an autonomous vehicle, preserve the same evidence you would after any crash and call before you speak with the operator's insurer.
Results
A $900,000 Rideshare Settlement Decided by the Split
Two rideshare passengers · Los Angeles County · $1,000,000 in limits tendered
I represented two rideshare passengers who were leaving a sporting event in Los Angeles when another driver ran a red light. That driver carried $15,000 in insurance. The rideshare company's underinsured motorist coverage was $1,000,000 at the time, and its insurer agreed to pay the remaining limits.
The dispute was over how to divide the money among the three people in the car. The rideshare driver had his own lawyer. As I recall it, that lawyer initially asked for an even one-third split. But one of my clients had a fractured chest and surgery, followed by serious complications. I built an allocation formula based on the injuries behind each claim, and the case settled at mediation.
Under today's rules, the same crash would cap each injured passenger at $60,000 of rideshare uninsured motorist coverage, a fraction of the $1,000,000 that was available then.
Trucking rear-end collision
Rear-end trucking collision in Los Angeles County with a catastrophic back injury. Policy limits recovered.
Head-on collision
Head-on collision with catastrophic back, rib, and chest injuries. All available insurance recovered.
Past results do not guarantee future outcomes. Every case is different and must be judged on its own merits. The results listed above are not a guarantee or prediction of the outcome of any future case. Some results noted on this site are from attorney Joseph Gallo’s career and include results when employed at other law firms and when associating in other law firms. They are not solely the results of Gallo Law, APC but are the results of cases worked on by Joseph Gallo as an attorney.
Your attorney
A Costa Mesa Lyft Accident Lawyer for All of Orange County
I've handled hundreds of injury cases since I was licensed in California in 2017. From our office at 3330 Harbor Blvd in Costa Mesa, we take rideshare injury cases from across Orange County. More about my background.
- Chapman University School of Law, 2017
- State Bar of California, SBN 318497
- Consumer Attorneys of California
- CAALA member
Our office
Gallo Law
3330 Harbor Blvd
Costa Mesa, CA 92626
949-414-5508 · Available 24/7
Get DirectionsQuestions
Uber and Lyft Accident FAQs
Can I sue Uber or Lyft directly after a crash?
Sometimes, but it is contested. Uber and Lyft classify drivers as independent contractors, and California's Proposition 22 supports that classification when its conditions are met. Often you don't need to win that argument: if the driver had accepted a ride and caused the crash, California requires $1,000,000 in primary coverage for the driver's liability.
What if another driver caused the crash while I was a passenger?
Start with the at-fault driver's insurance. If that driver has none, or not enough, the rideshare company's uninsured and underinsured motorist coverage applies. Since January 1, 2026, that coverage is $60,000 per person and $300,000 per crash, shared by everyone in the car, and it pays before your own uninsured motorist coverage.
What if the Uber or Lyft driver caused the crash?
It depends on the app. With a ride accepted or a passenger aboard, $1,000,000 in primary coverage applies. With the app on and no ride accepted, the minimum is $50,000 per person and $100,000 per crash, plus $200,000 in excess coverage. With the app off, the driver's personal policy is generally the source.
Should I report the accident in the Uber or Lyft app?
Yes. Reporting through the app is how a rideshare claim begins. Before you give a recorded statement to the rideshare insurer or accept any settlement, talk with me about what the statement will be used for and what the offer would release.
How long do I have to file a rideshare accident claim in California?
Generally two years from the crash to file a personal injury lawsuit (Code of Civil Procedure § 335.1). If a government vehicle or a road defect is involved, a claim against the public entity is generally due within six months (Government Code § 911.2). Witnesses and scene evidence can be lost much sooner than either deadline.
How much does an Uber accident attorney cost?
Nothing up front. The consultation is free, and we work on contingency: no fee unless we win.
Is there an Uber accident lawyer near me in Orange County?
Our office is at 3330 Harbor Blvd in Costa Mesa, and you can reach me 24/7 at 949-414-5508. Call first, even from the scene, and I'll talk through your next step with you by phone.
Free consultation
Call Me and Tell Me What Happened
If you're looking for an Uber or Lyft accident lawyer, or just want to know which policy may apply, call me. I'll help you work through your next step.
949-414-5508 Talk with meFree consultation · No fee unless we win · Available 24/7