You can usually pursue an Uber accident claim in California, but rarely by suing Uber the company directly. Because Proposition 22 classifies drivers as independent contractors, Uber is not automatically liable for a driver’s negligence. Instead, most recovery runs through the mandatory insurance tied to the driver’s app period: the driver’s own policy, Uber’s $1 million commercial policy (Periods 2 and 3), or the at-fault third party.

Uber’s arbitration clause usually does not block these injury claims. In 2026, SB 371 cut rideshare uninsured-motorist coverage and SB 623 changed medical-damages and background-check rules. A Beverly Hills Uber accident lawyer can walk you through how these changes affect your case. Call (310) 220-0066 for a free 24/7 consultation.

Can You Sue Uber After a Car Accident in California?

The answer is a qualified yes, but it comes with an important distinction. You almost always have a claim after an Uber accident in California, but you rarely pursue it by suing Uber Technologies as a corporate defendant.

The real question is not “can I sue Uber” but “who do I actually sue and which insurance policy pays.”

The answer depends on what the driver was doing in the app when the crash happened, who caused it, and whether Uber itself was independently negligent in hiring or retaining the driver.

Can You Sue Uber If You Get in an Accident?

Your first step is identifying which insurance policy applies based on the driver’s app status at the time of the crash. Your attorney will pull Uber’s trip data to determine the coverage tier and pursue the at-fault party. Uber becomes a direct defendant only when the company itself failed to screen a driver with a disqualifying record.

Is Suing the Driver Different from Suing Uber?

Yes. Suing the driver targets the individual who caused the crash and the insurance policy covering them at the time. A claim against Uber targets the corporation for its own conduct, such as negligent hiring or retention of a dangerous driver. Most Uber accident claims resolve through the insurance framework without a direct corporate lawsuit against Uber.

Why Trust The Injury Partners With Your California Uber Accident Lawsuit

Uber accident claims involve TNC-specific insurance carriers, corporate defense teams, and app data that must be preserved before it disappears. The Injury Partners sends legal-hold and preservation letters to Uber within days of engagement to protect trip logs, GPS data, and timestamps before they can be overwritten.

Omeed Hakimianpour earned his undergraduate degree from UCLA and his J.D. from USC Gould School of Law before joining Kirkland & Ellis, where he litigated multimillion- and billion-dollar matters against sophisticated corporate defense teams. He now goes against Uber’s insurers and the defense teams that handle TNC claims.

Daniel Sabet completed the SCALE accelerated J.D. program at Southwestern Law School in two years and built his career on the plaintiff side with a focus on motor vehicle and rideshare accident litigation. For more on the firm’s rideshare practice, visit the Beverly Hills Uber accident lawyer page.

• Super Lawyers® Rising Star 2025 & 2026: Omeed Hakimianpour (top 2.5% of California attorneys)
• $1M+ recovered for clients
• 00 Google rating with consistent client satisfaction
• Beverly Hills office: 499 N. Canon Dr., Suite B1, serving all of Los Angeles County
• Available 24/7 for free consultations
• Contingency fee: you pay nothing unless we win

Who Handles My Uber Lawsuit at The Injury Partners?

A founding attorney handles your case personally from the first consultation through resolution. The firm does not delegate Uber accident cases to case managers or junior associates. Omeed Hakimianpour and Daniel Sabet manage each file directly, which means the attorney who sends the preservation letter to Uber is the same attorney who negotiates with the insurer or takes the case to trial.

Who You Actually Sue in an Uber Accident Lawsuit

The defendant in an Uber accident lawsuit depends on who caused the crash, what the Uber driver was doing in the app at the time, and whether Uber itself was independently negligent. In most cases, multiple defendants and insurance policies are in play.

Defendant	When This Applies
The Uber driver	The driver’s negligence caused the crash (speeding, distraction, running a light)
Uber’s insurance policy	The practical source of recovery; coverage depends on the driver’s app period
Uber the company	Direct negligence only: negligent hiring, retention, or supervision of a dangerous driver
A third-party driver	Another driver caused the crash; their liability insurer pays first, then UM/UIM layers apply
A government entity	A dangerous road condition contributed to the crash; 6-month claim deadline under Gov. Code § 911.2
A vehicle manufacturer or maintenance provider	A vehicle defect or maintenance failure contributed to the crash

Legal fault and the paying insurance policy are related but not identical. A third-party driver may be 100% at fault, but if they are uninsured, recovery shifts to the UM/UIM coverage on the Uber policy or your personal policy.

A Beverly Hills car accident lawyer experienced in rideshare accident claims understands how to trace these layers.

Who Is Liable in an Uber Accident: the Driver, Uber, or the Other Driver?

It depends on who caused the crash. If the Uber driver was at fault, you pursue the driver and the insurance policy covering their app period. If a third-party driver caused it, you pursue that driver’s insurer first and then UM/UIM coverage. Uber itself is liable only when the company was independently negligent, such as hiring a driver it should have screened out.

Can You Sue Uber Directly, or Only the Driver?

You can sue Uber directly, but only on a theory of Uber’s own negligence, such as negligent hiring, retention, or supervision of a driver with a disqualifying record. Proposition 22 blocks the argument that Uber is automatically liable as an “employer.”

Proposition 22: Why Uber Usually Isn’t Automatically Liable

Proposition 22, passed by California voters in 2020 and upheld by the California Supreme Court in Castellanos v. State of California (2024), classifies app-based drivers as independent contractors rather than employees. This blocks respondeat superior, the legal doctrine that would otherwise make Uber automatically liable for anything its drivers do while working through the app.

The practical impact on your claim is smaller than most people assume. Recovery in an Uber accident case runs through the mandatory insurance coverage tied to the driver’s app period, and that coverage exists regardless of whether the driver is classified as an employee or an independent contractor. You do not need to “beat” Prop 22 to recover compensation.

Uber can still be sued directly when the company itself was negligent. If Uber hired or retained a driver with a disqualifying criminal record or a documented history of dangerous driving, the company has its own liability separate from the driver’s.

SB 623’s tightened background-check requirements (effective 2026) strengthen this theory by raising the screening standard Uber must meet. The same framework applies to Lyft accident lawsuits in California.

Does Proposition 22 Stop Me from Suing Uber?

No. Prop 22 changes who you name as a defendant, not whether you have a case. The mandatory insurance coverage tied to the driver’s app period applies regardless of how the driver is classified.

When Can You Sue Uber Directly for Negligence?

When Uber itself was negligent in hiring, retaining, or supervising a driver. If Uber allowed a driver with a disqualifying criminal record or a history of dangerous driving to remain on the platform, the company has its own liability separate from the driver’s.

The Arbitration Myth: Does Uber’s Arbitration Clause Kill Your Lawsuit?

Uber’s Terms of Use contain a mandatory arbitration clause, and many injured people wrongly assume it ends their right to pursue a claim. In most personal injury cases involving the mandatory insurance coverage, it does not. Whether the clause applies to your specific situation depends on who accepted the terms, what type of claim you are pursuing, and whether you are suing the insurance coverage or Uber the corporation.

• Arbitration primarily applies to direct claims against Uber as a corporate defendant, not to claims pursued through the mandatory insurance framework
• People who never accepted Uber’s Terms of Use, including pedestrians, cyclists, and occupants of other vehicles, are generally not bound by the arbitration clause
• California courts have limited arbitration enforcement in certain injury contexts
• Enforceability depends on who accepted the terms, when they accepted them, and whether the specific claim falls within the clause’s scope

In a widely reported case, a court sent a couple’s car accident claim to arbitration because they had accepted Uber’s terms through their Uber Eats account, even though the crash involved an Uber ride rather than a food delivery. The case illustrates why the fine print matters and why an attorney should review your specific situation before assuming arbitration does or does not apply to your claim.

Does Uber’s Arbitration Clause Prevent Me from Filing a Lawsuit?

Usually not for personal injury claims pursued through the mandatory insurance coverage. The arbitration clause primarily targets direct corporate claims against Uber. However, enforceability is case-specific, and the Uber Eats arbitration dispute shows that terms accepted on one Uber platform can affect claims arising from another. An attorney should review your situation before drawing conclusions about whether arbitration applies.

Can a Pedestrian or Cyclist Sue Uber After Being Hit?

Yes. Pedestrians, cyclists, and occupants of other vehicles typically never accepted Uber’s Terms of Use, which means the arbitration clause generally does not bind them. Their claims proceed through the mandatory insurance coverage or through a direct negligence theory against the driver. In cases where Uber failed to screen a dangerous driver, a direct claim against the company may also be available.

How Uber’s Insurance Periods Decide Your Claim

The insurance coverage available in your Uber accident claim depends on what the driver was doing in the app when the crash happened. Uber’s coverage is structured by “periods” that correspond to the driver’s app status, and proving which period was active requires trip logs, GPS pings, and timestamps that your attorney must preserve immediately.

Period	Driver Status	Coverage
Period 0	App off	Driver’s personal auto insurance only; Uber provides no coverage
Period 1	App on, waiting for a ride request	Uber’s contingent coverage: $50,000 per person / $100,000 per accident + $25,000 property damage
Period 2	Ride accepted, en route to pick up passenger	Uber’s $1,000,000 commercial liability policy
Period 3	Passenger in the vehicle	Uber’s $1,000,000 commercial liability policy

Periods 2 and 3 carry the strongest coverage. Period 1 is the gap most people do not expect: if the driver had the app on but had not yet accepted a ride request, the available coverage drops significantly.

Uber Eats delivery trips carry their own coverage tiers that differ from passenger trips, and a rideshare accident attorney verifies the exact period through Uber’s records.

Does Uber’s $1 Million Policy Apply to My Accident?

Only if the crash occurred during Period 2 (ride accepted, en route to pickup) or Period 3 (passenger in the vehicle). If the driver had the app on but had not yet accepted a ride request (Period 1), coverage drops to $50,000/$100,000 contingent coverage. If the app was off (Period 0), Uber provides no coverage at all.

How 2026 Changed Uber Lawsuits in California: SB 371 and SB 623

Two California laws enacted in 2026 changed how Uber accident claims are structured and what coverage is available.

SB 371 (effective January 1, 2026):

SB 371 cut rideshare UM/UIM coverage for passenger trips from $1,000,000 to $60,000 per person and $300,000 per incident, a reduction of approximately 94%. This applies when an uninsured or underinsured third-party driver caused the crash. The $1M liability policy for crashes the Uber driver caused is unchanged.

• If a hit-and-run driver or uninsured motorist causes your crash while you are an Uber passenger, the UM/UIM coverage available through Uber’s policy is now $60,000 per person
• Your own personal UM/UIM policy now serves as a more important safety net than before SB 371
• Fault allocation matters more than ever because the liability policy ($1M) is unaffected while the UM/UIM coverage ($60K) has been drastically reduced

SB 623, the Fair Medical Billing & Rideshare Safety Act (signed June 25, 2026):

SB 623 was a legislative compromise between Uber and the Consumer Attorneys of California that withdrew both sides’ competing November 2026 ballot initiatives. It was authored by State Senator Tom Umberg and signed as Chapter 17, Statutes of 2026.

• Reforms how lien-based past medical expenses are valued in rideshare accident claims (applies to crashes on or after January 1, 2027)
• Strengthens driver background-check requirements and adds new disqualifying-conviction rules, which strengthens negligent-hiring claims against Uber for crashes in 2026 and beyond
• 2026 crashes are evaluated under current medical-expense rules; the lien-valuation provisions apply to 2027+ accidents

How Do SB 371 and SB 623 Affect My Uber Lawsuit?

If an uninsured driver caused your crash, the coverage gap created by SB 371 means your own UM/UIM policy is now a more important recovery layer than it was before 2026. SB 623 will change how medical expenses are valued starting in 2027 and has already tightened driver screening standards. Your attorney must account for which law applies based on the date of your crash.

What Happens If an Uninsured Driver Hit My Uber in 2026?

Your own personal UM/UIM policy becomes the next layer of recovery after Uber’s reduced coverage is exhausted. Your attorney will identify all available policies to close the gap between what Uber’s UM/UIM coverage now provides and what your injuries actually cost.

What Is an Uber Accident Lawsuit Worth in California?

There is no fixed schedule for Uber accident case values. The amount depends on which insurance period was active, whether the Uber driver shares fault, the severity and permanence of your injuries, and the quality of your medical documentation.

Economic damages cover medical expenses, future care costs, lost earnings, and diminished earning capacity. Pain and suffering, emotional distress, and loss of enjoyment of life fall under non-economic damages. California does not cap non-economic damages in ordinary personal injury cases.

How Much Is an Uber Accident Lawsuit Worth?

Cases involving permanent injury, surgery, or extended treatment during Period 2 or 3 produce the highest values because they combine access to the $1M commercial policy with substantial documented damages. Cases with disputed liability or Period 1 coverage gaps settle for less.

Can I Still Sue If I Was Partly at Fault?

Yes. Under the pure comparative negligence rule that California adopted in Li v. Yellow Cab Co. (Civil Code § 1714), your recovery is reduced by your percentage of fault but never eliminated. If you were 20% at fault and your damages total $500,000, you would recover $400,000. Uber passengers are almost never assigned fault.

Deadlines to Sue Uber in California

You have two years from the date of the crash to file a personal injury lawsuit under California Code of Civil Procedure § 335.1. Missing this deadline eliminates your right to compensation regardless of how strong your case is.

Exceptions to the two-year deadline:

• If a government entity is involved (a crash caused by a dangerous road condition), you must file an administrative claim within six months under Government Code § 911.2
• Vehicle-damage-only claims carry a three-year deadline, but do not let this longer window create a false sense of security about the injury deadline

The legal deadline is two years, but the practical deadline is far shorter. Uber’s app data, GPS pings, and trip logs can be overwritten within days. Your attorney must send a preservation letter to Uber immediately after the crash to protect the evidence that proves which period was active and who was at fault.

How Long Do I Have to File an Uber Accident Lawsuit in California?

The legal deadline is two years under CCP § 335.1 (six months if a government entity is involved). But the evidence deadline is measured in days, not years. Uber’s trip data can be overwritten before you even contact a lawyer, and preservation letters go out within hours of engagement.

How an Uber Accident Lawsuit Works, Step by Step

Most Uber accident claims settle before trial, but the cases that settle for the highest amounts are the ones built as if they were going to trial.

• Immediate evidence preservation and legal-hold demand to Uber. Trip logs, GPS data, timestamps, and driver status records must be preserved before they are overwritten. Your attorney sends this letter within days of engagement.
• Liability and coverage investigation. Identify every defendant and every insurance policy in play: the Uber driver, third-party drivers, Uber’s period-specific coverage, and any applicable UM/UIM layers.
• Medical treatment to maximum improvement. Document the full extent of your injuries before calculating damages. Treatment at facilities like Cedars-Sinai Medical Center or UCLA Ronald Reagan Medical Center establishes the medical record that supports your claim.
• Demand package. Present the documented claim to the responsible insurer with medical records, lost-income documentation, and a damages calculation.
• Most Uber accident claims settle during this phase. The strength of the demand package determines the quality of the offer.
• File suit if the insurer will not pay fair value. Filing does not end settlement talks. It often accelerates them because the insurer now faces a trial date and a jury.
• Discovery and trial preparation. Depositions, expert reports, and the exchange of evidence. LA County cases are filed in Los Angeles Superior Court.
• Settlement or verdict. A settlement built on trial-ready evidence is worth more than one that is not.

Do Most Uber Accident Lawsuits Go to Trial?

No. Filing a lawsuit does not end settlement negotiations. It often accelerates them because the insurer faces a trial date and a jury that will decide the outcome if the case is not resolved.

Frequently Asked Questions

Do You Get Compensation If Your Uber Crashes?

Yes, if the crash was caused by negligence. If the Uber driver was at fault, recovery runs through the insurance policy covering the driver’s app period. If a third-party driver caused the crash, you pursue their insurer and applicable UM/UIM coverage. Uber passengers are almost never found at fault, which means the full value of the claim is usually available to them.

How Much Is the Uber Lawsuit Payout?

There is no standard payout. Values depend on injury severity, which insurance period was active, medical documentation, and whether fault is shared. Cases involving permanent injury during Period 2 or 3 have access to Uber’s $1M commercial liability policy and tend to produce the highest recoveries.

Does Uber Usually Settle Out of Court?

Yes. Most Uber accident claims settle before trial. The insurer evaluates the evidence, weighs liability, and reviews the documented damages before making an offer.

How to Claim Money from an Uber Lawsuit Settlement?

Contact an attorney who will file the claim, handle the insurer negotiations, and distribute the proceeds once the case resolves. The Injury Partners handles Uber accident claims on a contingency fee, which means you pay nothing unless the firm recovers compensation for you.

Start Your California Uber Accident Lawsuit With The Injury Partners

The evidence that decides your Uber accident case starts disappearing the day of the crash. If you were injured in an Uber accident in California, the clock is already running.

Omeed Hakimianpour has been recognized as a Super Lawyers® Rising Star for 2025 and 2026, a distinction awarded to only the top 2.5% of attorneys in California. Your case is handled by a founding Beverly Hills Uber accident lawyer from the first call.

There is no fee unless the firm recovers compensation for you, and the consultation is free and confidential.

Call The Injury Partners at (310) 220-0066 or visit our office at 499 N. Canon Dr., Suite B1, Beverly Hills, CA 90210. We are available 24/7.