You’re in the back seat of an Uber when another car runs a red light and hits your ride. Your Uber driver didn’t do anything wrong; they were following the rules of the road and driving safely.
If your Uber driver wasn’t to blame, who pays for your injuries caused by another driver’s carelessness? An Uber accident lawyer can help you understand your options for recovering compensation.
For rideshare passengers in California, the answer is to know about different types of insurance, such as Uber’s uninsured and underinsured motorist (UM/UIM) coverage. Recent changes to California law have made this protection much less effective. It is important for injured passengers to know what coverage is available and what gaps may leave them undercompensated.
How Liability Works in Accidents With Rideshare Passengers
You can’t control the car as a passenger, and you’re almost never to blame. Under California law, passengers are innocent and have the right to full compensation no matter which driver caused the crash.
The problem isn’t whether you deserve money; it’s figuring out which insurance company will give it to you.
There May Be More Than One Insurance Policy That Applies
The insurance of the third-party driver who was at fault is the main source. If the driver who caused the accident doesn’t have enough insurance, Uber’s UM/UIM coverage kicks in. Your own car insurance, like medical payments or your own UM/UIM policy, may give you more protection.
What Happens When Another Driver Crashes?
When a third party is to blame for the accident, claims start with that driver’s insurance. This process settles claims without Uber’s coverage in simple cases where there is enough insurance and clear liability.
Things That Often Go Wrong With Claims From Third Parties
About 17% of drivers in California don’t have any insurance. When drivers who don’t have insurance cause accidents, the people they hurt can’t file a claim against an insurance policy.
Even drivers who have insurance often only have California’s minimum liability limits of $30,000 per person. This amount doesn’t even come close to what modern medical care costs. Bills for moderate injuries often exceed $30,000 because of emergency care, surgery, hospital stays, and rehabilitation.
Accidents where someone hits and runs add more problems. If a driver runs away and can’t be found, there is no insurance to go after.
If the at-fault driver’s insurance only pays out $30,000 and your damages are $150,000 or more, there is a big difference between what is covered and what you actually lost.
Important Changes to Uber’s UM/UIM Coverage in 2026
What Senate Bill 371 Did
As of January 1, 2026, Senate Bill 371 made it less necessary for Transportation Network Companies to have UM/UIM coverage. Uber’s UM/UIM coverage usually covers the following as of 2026:
- $60,000 for each person hurt in an accident
- $300,000 for all injuries in an accident with more than one person hurt
This is a huge drop from the previous coverage, which was close to $1 million.
Getting to Know the Coverage Gap
Uber has $1 million in liability coverage for when its drivers cause accidents. When third parties cause accidents, the lower UM/UIM limits leave big gaps. If the at-fault driver has reached their limit, a passenger with $200,000 in medical bills may only be able to get $60,000 from Uber’s UM/UIM coverage.
When Coverage Is in Effect
This coverage only kicks in when you’re on a trip (Period 2 or 3). The driver who caused the accident must not have enough insurance or none at all. Coverage only covers claims for bodily injury, not damage to property.
When Uber’s UM/UIM Coverage Is Very Important
Accidents Where Someone Hits and Runs
Uber’s uninsured motorist coverage treats drivers who run away and can’t be found as uninsured. This means that passengers can still get coverage even if the person who caused the accident is never found.
Drivers Without Insurance
Uber’s UM coverage is the main way to get money when the driver at fault doesn’t have insurance.
Drivers Who Don’t Have Enough Insurance
Uber’s UIM coverage pays the difference up to the $60,000 cap when the at-fault driver has only $30,000 in coverage and the passenger’s damages are more than that. Uber would pay an extra $30,000 if damages were $75,000, bringing the total recovery to $60,000. Other insurance companies need to pay the remaining $15,000.
How to File a UM/UIM Claim as an Uber Passenger
Showing the Insurance Status of the Driver at Fault
Before Uber will cover you, you need to show that the driver who caused the accident does not have enough insurance. This needs a written confirmation that there are no policies or policy declarations that show limits lower than your damages.
Keeping Track of Active Trip Status
You can show that you were a passenger by showing trip receipts, app screenshots showing “on trip” status, and possibly Uber server logs. If you get into an accident while getting close to a car or right after getting out, your insurance company may say you were a pedestrian instead of a passenger.
How to Figure Out Offsets
California UM/UIM coverage is “differential,” not “additive.” Uber pays the $30,000 difference, not an extra $60,000, if the driver who caused the accident pays $30,000 and Uber’s limit is $60,000. The total recovery is $60,000, not $90,000.
Important Deadlines
You have to file a police report within 24 hours of a hit-and-run accident. Most of the time, you have to tell Uber’s insurance company about UM/UIM claims within a year of the accident. This is shorter than California’s two-year deadline for filing a lawsuit.
What to Do Right Away After an Accident With an Uber Passenger
Call the Police
Reports are official records. To get UM coverage for hit-and-runs, reports must be filed within 24 hours.
Keep a Record of Your Trip
Take a picture of your trip receipt, driver profile, and app that shows the status of your trip. This shows that you were a real passenger at the time of the crash.
Keep Proof
Get the driver’s and witnesses’ contact information. Take pictures of cars, damage, and the scene of the accident.
Get Medical Help Right Away
Don’t wait to get care. Insurance companies can say that injuries weren’t serious or weren’t caused by the crash if there is a gap between the accident and treatment.
Don’t Make Recorded Statements
Insurance adjusters may ask for statements that can be used against you. Politely say no until you’ve talked to a personal injury attorney.
Questions That Are Often Asked
Can I Sue Uber Directly If My Driver Wasn’t to Blame?
No, usually. Uber is usually only responsible for what its drivers do. It is not suing Uber directly that will help you get better; it is the at-fault driver’s insurance and Uber’s UM/UIM coverage.
What If the Other Driver Ran Away?
Uninsured motorist coverage kicks in when someone hits and runs. You have 24 hours to file a police report and tell Uber’s insurance company. The driver who is not known is treated as if they don’t have insurance.
Does Uber’s UM/UIM Coverage Kick In Automatically?
Coverage kicks in when certain conditions are met, but insurance companies look into claims. You need to show proof of your entitlement with documents and other evidence.
What If My Medical Bills Are More Than $60,000?
If you have higher limits on your auto insurance UM/UIM coverage, health insurance for medical expenses, or claims against other people who might be responsible, you may be able to get more money.
How Much Time Do I Have to File a Claim?
In California, you have two years to sue a driver who caused an accident. But you usually have to give notice of UM/UIM claims against Uber’s insurance within a year, and you have to file a police report within 24 hours of a hit-and-run.
Getting to Know the Reality of Less Coverage
The 2026 cut in required UM/UIM coverage left California rideshare passengers with a lot of gaps in their protection. $60,000 is more than what California requires for private drivers, but it’s not nearly enough for people who have been seriously hurt.
Passengers who used to be able to get up to $1 million in UM/UIM protection now have hard caps at $60,000. This means that many people aren’t getting enough money when the driver at fault doesn’t have enough insurance.
Because of this change in the law, it’s very important to understand all the different types of coverage that are available. If you only rely on Uber’s UM/UIM coverage, you may not get paid for big medical bills, lost wages, or pain and suffering.
To get through these layers of coverage, you need to know the rules for Transportation Network Companies, California UM/UIM law, deadlines for filing claims, and how to get extra coverage when your main sources aren’t enough. A rideshare injury attorney can help you navigate these complex requirements and maximize your recovery.