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Last Modified on Sep 08, 2026
A rideshare accident can leave you dealing with more than just injuries. Unlike most accidentes de tráfico, determining which insurance policy applies is not always straightforward.
The answer depends on what the rideshare driver was doing in the app at the time of the collision, and that detail can have a major impact on the coverage available.
California law requires rideshare companies and their drivers to carry different levels of insurance depending on the driver’s status. Understanding how those coverage periods work can help you determine which policy may apply and what to expect as your claim moves forward.
Bentley & More LLP is a Newport Beach trial firm dedicated to clearing up confusing coverage disputes. Nuestro equipo works to identify the available coverage and to hold insurers accountable if they attempt to reduce your recovery.
Puntos clave
- California requires different levels of rideshare insurance coverage depending on the driver’s status in the app when the crash occurred
- The driver’s personal auto insurance policy may not provide coverage while they are working as a rideshare driver
- Determining whether the driver was offline, waiting for a ride request, or transporting a passenger is often one of the most important parts of a rideshare insurance claim
- More than one insurance policy may be involved in a rideshare accident, depending on the circumstances
- Understanding which policy applies can make a significant difference in the compensation available after a rideshare accident
What an Orange County Rideshare Insurance Attorney Checks First
One of the first steps in a rideshare accident case is determining the driver’s status in the app at the time of the crash. That information helps identify which insurance policy may apply and how much coverage could be available.
An attorney may review app records, trip information, GPS data, the police report, witness statements, and other evidence to establish what happened.
If there is a dispute over coverage or liability, obtaining and preserving this evidence early can be important. The more complete the record, the easier it is to evaluate the claim, identify the applicable insurance coverage, and respond to challenges raised by the insurance company.
How California’s Three Rideshare Insurance Periods Work
California law separates rideshare driving into three periods, and each carries different insurance requirements for transportation network companies (TNCs) and their drivers. These requirements are established under California Public Utilities Code section 5433.
Period 1: App On, No Ride Accepted
The first coverage period begins when a rideshare driver turns on the app and is available to accept ride requests but has not yet been matched with a passenger. During this period, the available insurance coverage is lower than it is once a ride has been accepted or a passenger is in the vehicle.
California law requires transportation network companies to provide at least $50,000 for bodily injury to one person, $100,000 for bodily injury per accident, and $30,000 for property damage during this period. Although this is the lowest level of rideshare coverage, it may still provide compensation for people injured in a crash.
Period 2: Matched and En Route
The second coverage period begins once a rideshare driver accepts a ride request and continues while the driver is on the way to pick up the passenger. At this point, the available liability coverage increases significantly.
California law requires transportation network companies to provide up to $1 million in liability coverage during this period. Depending on the circumstances, contingent comprehensive and collision coverage may also be available if the driver carries those coverages on their personal auto policy.
Period 3: Passenger in the Car
The third coverage period begins when a passenger enters the rideshare vehicle and continues until the trip ends. During this time, California law requires transportation network companies to provide at least $1 million in liability coverage.
Transportation network companies must also carry $1 million in uninsured and underinsured motorist coverage during this period. That coverage may apply if the at-fault driver has no insurance or does not have enough insurance to fully compensate the people injured in the crash.
Why Your Personal Auto Policy Won’t Cover the Gap
Many personal auto insurance policies exclude or limit coverage when a vehicle is being used for rideshare services. As a result, a driver’s insurer may deny a claim if the crash occurs while the driver is logged into the rideshare app or transporting a passenger.
Some insurers offer rideshare endorsements that extend certain coverages while the driver is working, but not every driver purchases one.
When a personal policy does not apply, the insurance provided by the transportation network company becomes especially important, and the amount of available coverage depends on the stage of the ride when the crash occurred.
The Prop 22 Liability Cap Insurers Don’t Want You to Know About
Insurance adjusters often imply that Propuesta 22 capped rideshare company liability. It didn’t.
Proposition 22 was a labor measure addressing driver classification, not a limit on personal injury damages. The insurance limits available in a crash stem from separate California statutes, and those minimums do not shield a company or driver from a larger recovery when the damages warrant it.
If an adjuster is citing Prop 22 to justify a low offer, talking with our team before signing a release can change the conversation.
Common Issues That Can Affect a Rideshare Insurance Claim
Insurance companies may dispute different aspects of a rideshare accident claim, particularly when multiple policies could apply.
Some of the most common issues include:
- Disputing the driver’s status in the app. Whether the driver was offline, waiting for a ride request, en route to pick up a passenger, or transporting a passenger can affect which insurance policy applies.
- Questioning the extent of your injuries. Insurers may argue that your injuries are less serious than your medical records indicate or that they were caused by a pre-existing condition.
- Disputing liability for the crash. Like any other motor vehicle accident, an insurer may argue that its insured was not at fault or that another driver shares responsibility for the collision.
Preguntas frecuentes
Q: What if the rideshare driver was at fault but had the app off?
R: Then it’s an ordinary auto claim against the driver’s personal policy. California requires a minimum personal auto policy of $30,000 per person and $60,000 per accident for bodily injury. If that limit is too low to cover your losses, your own underinsured motorist coverage may need to fill the gap.
Q: Can I file a claim against a rideshare company directly?
R: It depends on the circumstances of the accident. In many cases, the claim is handled through the applicable insurance policy rather than directly against the rideshare company. Which policy applies depends on the driver’s status in the app and the facts of the crash.
Q: Does it matter if I was in a shared ride with strangers?
R: No, the same period-based coverage applies whether you booked a private ride or a shared one. Every passenger in the vehicle during period 3 falls under the same $1 million liability tier. Your claim gets evaluated on your own injuries regardless of who else was in the car.
Q: How long do I have to file a rideshare injury claim in California?
R: In most cases, you have two years from the date of the accident to file a personal injury lawsuit in California. Shorter deadlines may apply if your claim involves a government entity, so it’s important to determine which time limits apply to your case.
Q: What if the company says the driver was an independent contractor and they’re not liable?
R: A driver’s status as an independent contractor does not automatically determine what insurance coverage is available after a rideshare accident. California law requires transportation network companies to carry insurance that may apply during different stages of a rideshare trip, regardless of the driver’s employment classification.
Bentley & More LLP: Your Rideshare Accident Law Firm
Rideshare injury claims can involve multiple insurance policies, competing interests, and questions about who is responsible for your losses. Having an attorney review the details of your crash can help you understand your options before making decisions about your claim.
Bentley & More LLP represents injured riders and drivers throughout Orange County and can help you evaluate your claim, communicate with insurance companies, and pursue the compensation available under the circumstances.
Póngase en contacto con nuestro equipo hoy mismo to review the details of your rideshare accident, understand which insurance coverage may apply, and get a clearer picture of your legal options.
Acerca del autor: Greg Bentley
Cofundador y abogado litigante en Bentley & More LLP
Greg Bentley es cofundador de Bentley & More LLP en Newport Beach, California. Con 36 años de experiencia, representa a demandantes en casos de lesiones personales, muerte por negligencia, responsabilidad por productos defectuosos, mala fe de las aseguradoras, condiciones peligrosas en carreteras y propiedades, y defectos en obras de construcción. Habilitado para ejercer en el Colegio de Abogados de California, Greg obtuvo su título de Doctor en Derecho en la Facultad de Derecho de la Western State University en 1990. Es miembro de varias organizaciones de abogados litigantes a las que solo se puede ingresar por invitación, entre ellas el Colegio Americano de Abogados Litigantes y la Academia Internacional de Abogados Litigantes, y participa activamente en múltiples asociaciones de abogados litigantes a nivel estatal y regional.
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