California law calls rideshare companies "transportation network companies," and their drivers "participating drivers" (Public Utilities Code 5431). When a rideshare car is involved in a crash in Santa Rosa, Petaluma or anywhere else in the state, the first question is not only who was at fault but which policy applies at that moment. In the auto accident cases we handle, that question is answered by a specific California statute, Public Utilities Code section 5433, which sets insurance requirements in phases tied to the driver's app status.
This guide explains each phase, who it covers (passengers, other drivers, pedestrians and cyclists), the separate uninsured motorist protection for passengers, and the first steps after a rideshare crash.
How do you find the right coverage, step by step?
- Find out what the driver was doing on the app. Logged off, logged on and waiting for a request, or carrying or on the way to a passenger. Each phase has different coverage.
- Get the driver's information and the company's name. In addition to the usual exchange of information, note the rideshare company and, if you were a passenger, keep the trip receipt from your own app.
- Report the crash to the rideshare company. Its insurance responds during the app phases set by the statute.
- Report the crash to your own insurer. Your medical payments, collision and uninsured motorist coverage may still matter.
- Make the claim against the right policy. The company's coverage is not dependent on a personal auto policy first denying the claim (Public Utilities Code 5433(d)).
- Keep the usual deadlines in mind. The SR-1 report to the DMV within 10 days and the two-year deadline for an injury lawsuit still apply; see California personal injury deadlines.
What coverage applies in each phase?
| Driver's app status | Required coverage | Source |
|---|---|---|
| App off | No rideshare coverage under section 5433; the driver's personal auto policy is the usual starting point | Public Utilities Code 5433 (applies only while logged on) |
| Logged on, waiting for a ride request | Primary coverage of at least $50,000 per person and $100,000 per incident for death and injury, and $30,000 for property damage, plus excess coverage of at least $200,000 per occurrence maintained by the company | Public Utilities Code 5433(c) |
| Ride accepted, through the end of the ride | Primary coverage of $1,000,000 for death, personal injury and property damage | Public Utilities Code 5433(b)(1) |
| Passenger in the car | Uninsured and underinsured motorist coverage of $60,000 per person and $300,000 per incident, primary over other uninsured motorist coverage, paid by the company | Public Utilities Code 5433(b)(2) |
| Driver's own rideshare policy has lapsed | The company must provide the required coverage from the first dollar of a claim | Public Utilities Code 5433(e) |
Who can claim against rideshare coverage?
The coverage in section 5433 is liability coverage for "death, personal injury, and property damage" arising from the driver's use of the vehicle with the app. That means it can respond to anyone the rideshare driver injures through careless driving during the covered phases: a passenger, the driver or passengers of another car, a pedestrian or a cyclist. The question is fault, just as in any other crash. Our guide on rear-end collisions shows how fault is judged between two drivers, and the same rules apply when one of them was driving for a rideshare company. For turning crashes, see intersection right of way.
If the rideshare driver was not at fault, for example a passenger hurt when another driver ran a red light, the claim is against the other driver. If that other driver had no insurance or too little, the company-provided uninsured and underinsured motorist coverage for passengers applies, at $60,000 per person and $300,000 per incident (Public Utilities Code 5433(b)(2)). Those amounts took effect January 1, 2026, under Senate Bill 371 of 2025.
Can the rideshare company itself be responsible?
The statute sets minimum insurance, not a ceiling on what a company can owe. It says the article does not limit the liability of a transportation network company in an action for damages above the required insurance (Public Utilities Code 5433(f)). Whether a company is directly responsible beyond its insurance depends on the facts and the general rules of liability; our guide on holding a driver's employer or a car's owner responsible explains how responsibility can extend beyond the driver.
The same statute protects people from being bounced between insurers. Rideshare coverage cannot be made dependent on a personal auto policy first denying the claim, and a personal policy does not have to deny first (Public Utilities Code 5433(d)).
How do you show what the driver was doing on the app?
Because the coverage turns on the app phase, the driver's status at the moment of the crash is often the first fact an insurer looks at. Passengers usually have the simplest proof: the trip receipt in their own app shows the time, route and fare. People in other cars, pedestrians and cyclists usually have to rely on the driver's statement, the crash report, and the company's own records of when the driver logged on, accepted a ride and completed it.
Ask the company in writing, early, to keep its records for the time of the crash, and ask the driver at the scene whether they were on a trip. If a lawsuit becomes necessary, those records can be requested formally through discovery. Write down anything the driver said about the app right away, while you remember it clearly.
What changes the answer?
The driver's app status. It decides which limits apply. Ask the company, in writing, for the driver's status at the time of the crash, and keep any trip receipts or screenshots.
The other driver had no insurance. If you were a passenger, the company's uninsured motorist coverage is primary (Public Utilities Code 5433(b)(2)). If you were in another car, your own uninsured motorist coverage applies; read how uninsured and underinsured motorist coverage works.
You were the rideshare driver. Your own injuries usually raise questions about your personal coverage and the company's policies, and whether workers' compensation applies is a separate issue; see a crash while working.
A public bus or government vehicle was also involved. A written claim to that agency is due within six months (Government Code 911.2).
You were walking or cycling. The same coverage applies to people outside the car the driver hits; see when a driver must yield to a pedestrian.
What could this look like? An example
For example, imagine a passenger in a rideshare car on Santa Rosa Avenue who is hurt when the rideshare driver turns left in front of an oncoming car. The trip was in progress, so the passenger has a claim against $1,000,000 of primary coverage for the driver's fault (Public Utilities Code 5433(b)(1)). The driver of the oncoming car, also hurt, can claim against the same coverage.
Now change one fact: the oncoming driver ran a red light and had no insurance. The rideshare driver was not at fault, so the passenger's claim would be against the uninsured driver, and the company-provided uninsured motorist coverage, $60,000 per person, would be primary for the passenger. If the rideshare driver had instead been logged off and driving home, none of the section 5433 coverage would apply, and the claim would start with the driver's personal policy. This example is made up to show how the rules fit together; it says nothing about any real case.
What mistakes do people make after a rideshare crash?
- Not recording which company the driver worked for and whether a trip was in progress.
- Deleting the app trip receipt or screenshots that show the time and route.
- Accepting that "the personal insurer has to deny first," which the statute does not require.
- Not reporting to their own insurer, whose coverage can still matter.
- Missing the 10-day DMV report or the six-month deadline when a public agency was involved.
What should I do this week?
- Save your trip receipt, ride details and any messages with the driver.
- Report the crash to the rideshare company and write down the claim number.
- Report the crash to your own insurer.
- Get the crash report number; see how to get a crash report in Sonoma County.
- File the DMV SR-1 within 10 days if you were driving a car involved.
- Get medical care and keep every record and bill.
Frequently asked questions
Does the $1 million coverage apply if the driver was on the way to pick someone up?
Yes. The $1,000,000 primary coverage applies from the moment the driver accepts a ride request until the ride is complete (Public Utilities Code 5433(b)).
What if the driver was logged on but had no ride yet?
Primary coverage of at least $50,000 per person, $100,000 per incident and $30,000 for property damage applies, plus at least $200,000 of excess coverage maintained by the company (Public Utilities Code 5433(c)).
Do I need the personal insurer to deny my claim first?
No. Rideshare coverage is not dependent on a personal policy first denying the claim (Public Utilities Code 5433(d)).
Is passenger uninsured motorist coverage still $1 million?
No. Since January 1, 2026, the required company-provided uninsured and underinsured motorist coverage for passengers is $60,000 per person and $300,000 per incident (Public Utilities Code 5433(b)(2), as amended by Senate Bill 371).
Does a rideshare crash still need a DMV report?
Yes. A driver involved in a crash with any injury, a death or more than $1,000 in damage must file an SR-1 with the DMV within 10 days (Vehicle Code 16000), whether or not a rideshare trip was involved.
Who decides how much my claim is worth?
The same rules as any injury claim apply. See how pain and suffering is valued and the deadlines for an insurer to respond.
If you were hurt in a crash involving a rideshare car, contact Young Law Group today at (707) 343-0556 or through our contact page for a free consultation.
Sources
- Public Utilities Code section 5433 (transportation network company insurance, as amended by SB 371, effective January 1, 2026)
- Public Utilities Code section 5431 (definitions: participating driver, personal vehicle)
- Code of Civil Procedure section 335.1 (two years for an injury)
- Government Code section 911.2 (six-month claim to a public entity)
- Vehicle Code section 16000 (the 10-day report to the DMV)
