San Jose Uber, Lyft & Rideshare Accident Lawyer
Hurt in an Uber or Lyft Crash? The App Status Decides Who Pays.
Rideshare crashes involve layers of insurance that shift depending on what the driver’s app was doing at the moment of impact. Our San Jose attorneys sort out which policy applies and pursue every dollar it owes you.
$75+ million
recovered for injured clients
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on Google and Yelp
No fee
unless we win
Available 24/7
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A Convenient Ride Shouldn't End in a Complicated Claim
Uber and Lyft are everywhere in San Jose and across Santa Clara County: around Downtown, San Jose State, and the airport. Drivers work long hours, watch the app while they drive, and often navigate streets they don’t know. When they cause a crash, the people hurt are left facing the rideshare company’s insurers.
Many people think only passengers can bring a rideshare claim. In fact, anyone hurt by a rideshare driver may be entitled to compensation, including:
Passengers injured in the Uber or Lyft they booked
Drivers and passengers in other vehicles hit by a rideshare driver
Pedestrians, cyclists, and motorcyclists
People hurt at the curb during a pick-up or drop-off
Rideshare drivers injured by another motorist
We determine which coverage applies to your crash and handle the insurers for you, free of charge.
What to Do After an Uber or Lyft Accident in San Jose
Call 911 and get medical care.
Make sure a police report is filed, and get checked even if you feel fine.
Screenshot the trip in your app.
Save the ride receipt, driver name, vehicle, and trip timeline. If you were a passenger, it proves you were on a booked ride.
Find out whether the driver was online.
If you were hit by a rideshare car, ask the driver whether they were carrying a passenger, heading to a pickup, or waiting for a request, and note any rideshare signage.
Collect everyone's details.
The rideshare driver’s personal insurance, any other driver’s information, and witness names and numbers.
Report the crash in the app, but keep it short.
Stick to the basic facts. Don’t discuss fault or your injuries with the company or its insurer before talking to a lawyer.
Call us before accepting any offer.
Rideshare insurers are skilled at delaying, undervaluing, or denying claims. We know the tactics and push back.
Who Pays After a Rideshare Crash?
Uber or Lyft's commercial insurance
When a driver is logged in and on a trip or waiting for a ride, the rideshare company’s policy can provide up to $1 million in coverage, far more than most personal policies.
The rideshare driver's personal policy
It may apply when the driver was offline, but personal policies often exclude commercial driving, which is why pinning down the app status matters.
Another at-fault driver
If a different motorist caused the crash, their insurer is responsible, and rideshare passengers can claim against them too.
Your own coverage
If the responsible driver was uninsured or underinsured, or if you’re a rideshare driver hurt by another motorist, your UM/UIM and other coverage may fill the gap.
How We Untangle a Rideshare Claim
Unlike an ordinary crash, a rideshare collision can involve the driver’s personal policy, the rideshare company’s commercial policy, another driver’s insurer, and your own coverage. Which one pays depends on the driver’s status at the exact moment of the crash:
- Offline: the driver’s personal auto policy generally applies.
- Online and waiting for a request: the rideshare company’s coverage can apply, alongside or in place of the driver’s own.
- En route to a pickup or carrying a passenger: the rideshare company’s commercial policy is generally in play.
We obtain the driver’s app activity, the police report, witness statements, local camera footage, and the driver’s record, and document every consequence of your injuries with medical, financial, and vocational input. We know San Jose’s streets and the Santa Clara County courts, so we can move fast and preserve evidence before it disappears.
California Rideshare Accident Law: What You Should Know
Negligence still decides fault
As in any car accident, you must show that a driver breached the duty to drive safely and caused the crash. What changes is which insurer stands behind that driver.
Insurers will try to deny coverage
Common arguments: the driver wasn’t logged into the app, you weren’t an authorized passenger, your injuries were pre-existing, or you contributed to the crash. We answer each with evidence.
Partly at fault? You can still recover
California’s pure comparative negligence rule reduces your compensation by your share of fault; it never eliminates it.
Two years to file
You generally have two years from the date of injury to file a lawsuit. App data, driver records, and camera footage are easiest to secure early.
What Our Clients Say
Jimin Oh worked passionately on my case while constantly updating me on what was happening. I did not know much about my car insurance, so it was helpful for her…
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I would like to share a good experience that I had with Ms. Jimin’s office and hopefully it will help people save time, frustration, and stress. Jimin is just very…
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Jimin Oh is not only an excellent and professional lawyer but she is also very kind, understanding and easy to talk to. Jimin was very helpful and patient in answering…
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San Jose Uber & Lyft Accident FAQs
Why do I need a lawyer after an Uber or Lyft accident?
Rideshare crashes often involve several insurance policies and disputed questions about which one applies. We identify the right coverage, deal with the insurers, and pursue the full compensation California law allows.
Who pays for my injuries after a rideshare crash?
It depends on who caused the crash and what the rideshare driver was doing at the time. Uber and Lyft carry substantial commercial policies that may apply, but coordination between the company, the driver, and other insurers can be complicated. We pursue every liable party.
An Uber or Lyft driver hit my car. Does the company's insurance apply?
It may. If the driver was logged in and working, or waiting for a ride request, the rideshare company’s insurance can apply. We examine the driver’s app activity and coverage to find the best route for your claim.
I'm a rideshare driver and another car hit me. What are my options?
You may be covered by a combination of the at-fault driver’s insurance, your personal policy, and the rideshare company’s commercial policy, depending on your app status. We’ll review your situation and help you access every benefit available.
What's the difference between personal and commercial insurance in rideshare cases?
Personal auto policies often exclude commercial activity like ridesharing. When a driver is logged into the app or carrying passengers, the rideshare company’s commercial policy generally applies instead. We make sure the right policy pays.
I don't have car insurance. Can I still recover after a rideshare crash?
Yes. As a passenger or other victim of a rideshare collision, you can pursue compensation from the responsible driver’s coverage even without insurance of your own.
How long do I have to file?
In most cases, two years from the date of the accident to file a personal injury lawsuit. Contact us early so we can secure app data, driver records, and witness statements while they’re fresh.
Will my case go to court?
Many rideshare cases settle through negotiation with the insurers. If fair compensation isn’t offered, we’re prepared to take your case to trial.
Get Your Free, Confidential Case Review, 24/7
App data, trip logs, and camera footage decide rideshare claims, and the companies control most of it. Call now or send the form; we respond fast, 24/7, in English, Spanish, or Korean. Your consultation is free and confidential. No fee unless we win.
Call (408) 256-2871Free Case Review
Solution Now Law Firm
1253 Park Ave
San Jose, CA 95126
Hablamos español · 한국어 상담 가능
