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Which Insurance Covers an Injured Rideshare Passenger

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JV

Reviewed & verified by A. Jason Velez, Esq.*

Founding Attorney, 1LAW · Last reviewed January 31, 2024

Legal Inquiry

Consumer Legal Issue

I got in a car accident with Uber. My driver tried changing lanes from a fast-track lane, and we were struck twice on the freeway. I took an ambulance to the hospital and am okay, although my shoulder and back hurt. What do I do?

Attorney Answer

As a passenger you did nothing wrong, and you do not have to work out which driver was at fault before anyone owes you anything — that argument belongs to the insurers. What matters most for coverage is that the trip was live on the app when it happened.

California requires a transportation network company and its driver to carry insurance at levels that step up with the stage of the ride: the least while the app is on with no ride accepted, the most once a trip has been accepted and a passenger is in the car. Public Utilities Code § 5433 sets those levels. During an accepted trip the primary commercial coverage is at least $1,000,000 for death, personal injury and property damage, and uninsured or underinsured motorist coverage must also be in place while a passenger is in the vehicle. Section 5433 was amended effective January 1, 2026, and the figures that govern are the ones in force on the date of the crash — so have the exact numbers for your date confirmed rather than taken from any general page, including this one.

The lane change itself is measured against Vehicle Code § 22107: "No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement." Whether your driver met that standard, and whether the vehicles that struck you also fell short of it, is a fact question. Civil Code § 1714(a) makes each of them responsible for injury occasioned by their own want of ordinary care, so more than one policy can be in play at once. Being struck twice usually means more than one insurer and more than one version of events, which is why the collision report matters.

Being released from the hospital the same day says very little about the claim. Shoulder and back complaints often take days or weeks to declare themselves, and the medical record you build now is the record an adjuster reads later.

What you can do

1. Open the app and save the trip record — date, time, driver, vehicle and trip identifier — along with the receipt, before the ride history scrolls out of reach.

2. Report the crash through the app's accident or safety reporting flow so the company's insurer opens a file on it.

3. Get the traffic collision report number from the agency that responded, and request a copy of the report.

4. Keep the ambulance and hospital paperwork, go to the follow-up appointments, and keep every bill and record from them.

5. Tell your own auto insurer, if you carry a policy, that you were hurt as a passenger. Medical payments and uninsured motorist coverage on your own policy can matter, and notice is normally required whether or not you end up using it.

6. Ask a local lawyer to look at any settlement or release before you sign it, while the shoulder and back are still symptomatic.

7. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts with a local attorney is worth more than any general guidance, including this page.

⏱ Time limits apply. An injury claim in California runs on Code of Civil Procedure § 335.1, which allows two years for an action for injury caused by the wrongful act or neglect of another. Where that deadline actually falls for you, and whether anything in your facts changes it, is not something to calculate from a webpage — have a local attorney confirm it for your case.

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Frequently Asked Questions

What insurance covers a passenger injured during a rideshare trip in California?

Public Utilities Code § 5433 requires a transportation network company and its driver to carry coverage that increases with the stage of the ride, with the highest levels once a trip has been accepted and a passenger is in the vehicle. During an accepted trip that includes primary commercial liability coverage of at least $1,000,000 for death, personal injury and property damage, plus uninsured and underinsured motorist coverage while a passenger is aboard. Section 5433 was amended effective January 1, 2026, so the figures that apply are the ones in force on the date of the crash.

Does a rideshare passenger have to prove which driver was at fault before making a claim?

No. A passenger is not the person whose care is in question, so the passenger can present a claim while the drivers and their insurers argue about the split. Civil Code § 1714(a) makes each driver responsible for injury caused by their own want of ordinary care, and more than one driver's coverage can respond to the same crash. Practically, the passenger still has to document the injury and the trip; the fault dispute affects who ultimately pays, not whether the passenger has a claim.

Is a lane change on a California freeway automatically the changing driver's fault?

Not automatically, but Vehicle Code § 22107 sets a demanding standard: no one may move right or left on a roadway until the movement can be made with reasonable safety, and then only after giving an appropriate signal if another vehicle may be affected. A driver who changes lanes into an occupied space usually has trouble meeting that. Fault can still be shared where another vehicle was speeding, was in a blind spot after an abrupt move of its own, or contributed to a chain of impacts.

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