San Mateo Uber and Lyft Accident Lawyer
Hurt by an Uber or Lyft Driver? Look Past the Driver's Policy.
Rideshare drivers cause crashes like anyone else, but the claim that follows is anything but ordinary. Our San Mateo Uber and Lyft accident attorneys pursue the driver, the right insurance policy, and, when the company put a risky driver on the road, the company itself.
$75+ million
recovered for injured clients
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unless we win
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A Cheap, Easy Ride Can Leave You With a Complicated Claim
Uber and Lyft are efficient, affordable ways to get around. But the people behind the wheel are just as likely to cause a crash as any other driver, and sometimes more so. Driving for a rideshare app often means long shifts and a phone that demands attention at the wheel. Fatigue slows reactions; distraction takes eyes off the road.
When a rideshare driver hurts you, you have legal rights, whether you were in the back seat or not. The hard part is working out who pays: the driver’s own insurance, the rideshare company’s coverage, another driver’s insurer, or your own.
You may have a rideshare accident claim if:
You were a passenger in an Uber or Lyft that crashed
You were driving or riding in another vehicle hit by a rideshare driver
You were walking or cycling when a rideshare driver struck you
The rideshare driver was distracted, fatigued, or otherwise careless
The crash happened within roughly the last two years
We’ll sort out which coverage applies and handle the insurers for you. The consultation is free, and you pay nothing unless we win.
After an Uber or Lyft Crash in San Mateo
Call 911 and get checked out.
Your safety comes first, and a police report and early medical record anchor your claim.
Photograph everything.
The vehicles, their positions, any rideshare decal or signage, the road, and your injuries.
Get the rideshare driver's details.
Name, license, vehicle, and personal insurance, and note whether they were carrying a passenger or on the way to one.
Save your trip records.
If you were a passenger, screenshot the ride in your app: the driver, the vehicle, the route, and the time.
Collect witness contacts.
Other passengers, drivers, and bystanders can confirm what happened when the insurers disagree.
Call an attorney before you talk fault with any insurer.
The driver’s insurer, the rideshare company’s insurer, and your own may each have reasons to point elsewhere.
When Uber or Lyft Can Be Held Responsible Too
A negligent rideshare driver is responsible for the crash they cause. But their insurance may not be enough to cover your losses, and the rideshare company isn’t automatically on the hook. Employers are generally liable for their employees’ negligence on the job; Uber and Lyft classify their drivers as independent contractors, so the companies can be held liable only in certain circumstances.
We look for those circumstances:
- Negligent hiring. A company has to vet its drivers properly, even independent contractors. If the screening missed a history that should have kept a driver off the platform, the company may share responsibility.
- Negligent retention. If customer complaints or traffic violations showed a driver was unsafe after they were hired, and the company kept them on anyway, it may be responsible.
- The company’s insurance. Depending on what the driver was doing when the crash happened, the rideshare company’s insurance may apply.
At the same time, we build the case against the driver: the police report, witness statements, photos, your trip records, and evidence of distraction or fatigue. If the insurers won’t pay fairly, we prepare your case for trial.
Which Insurance Pays After a Rideshare Crash?
The answer depends on who caused the crash and what the rideshare driver was doing at the time. The possibilities include:
The rideshare driver's personal policy
If the driver was using their own vehicle outside of rideshare activity, their personal insurance may apply.
Uber or Lyft's coverage
The companies offer supplemental coverage depending on the situation, and it can apply when the driver is working through the app. Figuring out exactly when it applies is often the center of the dispute.
Another at-fault driver
If a different motorist caused the crash, their insurer is responsible, including to a rideshare passenger.
Your own underinsured motorist coverage
If the responsible driver doesn’t have enough insurance, your own policy may make up some of the difference.
California Rideshare Accident Law: The Essentials
Rideshare drivers owe the same duty as everyone else
Uber and Lyft drivers have the same legal obligations on the road as any other driver. A driver who causes a crash through distraction or fatigue is liable for the injuries.
Independent contractor status limits, but doesn't end, company liability
Uber and Lyft aren’t automatically responsible for a driver’s actions, but they can be liable for negligent hiring or for keeping a driver they knew was unsafe.
Not wearing a seatbelt doesn't bar your claim
Under comparative negligence, it may reduce your compensation, but it doesn’t automatically prevent you from recovering.
Time limits apply
Personal injury claims must be filed within a limited time, generally two years from the date of injury in California. Trip data and driver records are easiest to secure early.
Protect the Value of Your Rideshare Claim
With several insurers involved, each will look for a reason your injuries are someone else’s problem, or not as serious as you say. Your medical record is your best answer. Follow your doctor’s treatment plan and attend your therapy; you have a legal duty to mitigate your damages, and gaps in care become an argument for a lower settlement.
Protect yourself with a few habits:
- Keep an injury journal. Pain levels, appointments, missed work, and the things you can’t do.
- Keep every record of the ride. App receipts, messages with the driver, and any correspondence from the rideshare company.
- Keep reports to the app short. Stick to basic facts; don’t discuss fault or your injuries with the company or any insurer before talking to us.
- Route every insurer contact through us. Adjusters are trained to get admissions on tape.
We coordinate with your medical providers so billing can wait until your case settles.
Adjusters offer more when they know a firm can prove its case — and take it to trial. Recent recoveries for our clients:
$450,000
Santa Clara pedestrian crash
Struck by a delivery app driver
$350,000
San Jose rideshare crash
Insurer first offered $8,000
Past results do not guarantee future outcomes. Every case is different.
See More Case Results →What Our Clients Say
Jimin from the start was very professional and accommodating. She came out to east bay to meet with me. We met once, she ask for the background of the incident…
Ethan Vu
She helped our family through the most difficult times we had ever gone through. When I wanted to give up she pushed us and encouraged us to keep fighting. When…
Beth S.
As this was my first time being in a car accident, I was distraught and did not have much knowledge regarding legal fairs such as what attorney would best suit…
Jena J.
Your San Mateo Legal Team
Founding attorney Jimin Oh has handled thousands of auto accident cases and is a member of Million Dollar Trial Lawyers. She built this firm after her own husband was seriously injured in a car accident; she knows how one crash can upend a family, and she built a team around that understanding: an attorney, a case manager, and a treatment coordinator on every case, so you have one team dealing with the driver, the rideshare company, and every insurer involved. San Mateo cases are handled from our San Jose office at 1253 Park Ave.
San Mateo Uber and Lyft Accident FAQs
Can I sue Uber or Lyft if their driver caused my accident?
Possibly, but the companies generally aren’t directly liable for a driver’s actions, because they classify drivers as independent contractors. You may claim through the driver’s insurance or the rideshare company’s insurance, and the company itself may be liable in cases of negligent hiring or retention. We’ll determine the best route.
What should I do right after an Uber or Lyft accident?
Make sure you’re safe and call 911 for medical help. Collect photos, witness contacts, and the driver’s information, and save your trip records. Then call us to protect your rights before you talk to any insurer.
Am I eligible for compensation?
It depends on who was at fault, the insurance coverage involved, and your role: passenger, other driver, or pedestrian. We investigate to find out whether the driver, the rideshare company, or another party owes you compensation.
What if the rideshare driver doesn't have enough insurance?
You may be able to claim through Uber or Lyft’s insurance, depending on what the driver was doing at the time, and through your own underinsured motorist coverage if you have it. We explore every option.
I wasn't wearing a seatbelt. Can I still bring a claim?
Yes. Not wearing a seatbelt may reduce your compensation under comparative negligence, but it doesn’t automatically prevent you from filing a claim. We’ll assess how it affects your case.
The driver was in their personal car. Whose insurance applies?
Their personal insurance may apply. But Uber and Lyft offer supplemental coverage depending on the situation, and which policy pays often turns on whether the driver was working through the app at the time.
A rideshare driver hit my car. Who do I claim against?
The at-fault driver’s insurance, and if the rideshare driver caused the crash, you may also be able to claim through Uber or Lyft’s insurance. We sort out which applies.
Why do rideshare companies hire risky drivers?
Rideshare companies don’t have extensive hiring criteria, and their screening may not catch a driver’s history of accidents or traffic violations. When a company puts or keeps an unsafe driver on the road, it may share responsibility for the harm.
Get Your Free, Confidential Case Review, 24/7
The rideshare company controls the trip data, and personal injury claims have a limited time to file. 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
