Uber driver accident that wasn't your fault in California: who pays and what to do

General information, not legal advice. This site is not a law firm and isn't affiliated with Uber or any insurer. Company terms change, and every situation is different. Check the sources linked below and your own policy.

The short answer

If another driver hit you while you were driving for Uber, that driver's liability insurer owes for the damage they caused, the same as if you'd been off the app. You can claim with them directly, and the $2,500 Uber deductible never comes into it. Your other option, if you had accepted a trip and your own policy includes comprehensive and collision, is Uber's coverage for your car: it pays repairs up to the car's value after a $2,500 deductible, which you can then try to get back from the at-fault driver (Uber). If you're hurt, California's Prop 22 requires injury coverage while you're online (B&P §7455), and you can also claim against the at-fault driver.

Two ways to get your car fixed

Path 1: the at-fault driver's insurer

This is a claim on the other driver's liability coverage. California's general rule is that someone who causes harm owes the amount that will "compensate for all the detriment proximately caused" (Civ. Code §3333). For a car, that usually means:

• Repairs, or the car's value if it's a total loss.
• Loss of use: the reasonable cost to rent a similar car for the time reasonably needed to repair or replace yours (CACI No. 3903M). DentedValue's loss-of-use guide covers what to save.
• Lost value if your car is worth less even after good repairs. See DentedValue's guide to diminished value in California.

The catch is speed. The other insurer has to investigate fault first, and if its driver tells a different story, it can take a while. California's claim rules still apply: an insurer that disputes liability or damages on a third-party claim has to do it in writing, and it can't make an unreasonably low offer (10 CCR §2695.7(b)(1), (g)).

Path 2: Uber's coverage, then get the deductible back

Uber says that once you've accepted a ride request, it maintains coverage "to cover the cost to repair your car, up to the actual cash value, with a $2,500 deductible," that it applies "no matter who's at fault," and that it depends on your personal policy including comprehensive and collision (Uber). Uber also says there's no Uber-maintained collision or comprehensive coverage if you're offline, if you're online but haven't accepted a trip, or if you carry only liability on your own policy. California law doesn't require Uber to cover your car at all; the rideshare insurance law (PUC §5433) is about liability to others and, for riders' trips, uninsured motorist coverage. So these are company terms that can change.

If you go this way, you pay the $2,500 and the insurer handling the claim may go after the at-fault driver (called subrogation). California's claims regulations say:

• The insurer must tell a first-party claimant in writing whether it intends to pursue subrogation, and if it doesn't, that any recovery is up to you (§2695.7(p)).
• Any subrogation demand must include your deductible, and recoveries must be shared with you proportionately (§2695.7(q)).

Ask the insurer to confirm in writing how those rules apply to your claim, since the policy was bought by Uber rather than by you. If nobody recovers the $2,500 for you, you can ask the at-fault driver's insurer for it directly. The full details are in our guide to the Uber and Lyft $2,500 deductible.

Which path makes sense?

It depends on your situation, but the trade-off is usually time vs. money up front. Uber's coverage doesn't wait on the other insurer deciding fault, but it costs you $2,500 until you get it back. If fault is clear and the other driver's insurer accepts it quickly, Path 1 avoids the deductible. If you were waiting for a request (no trip accepted), Path 2 isn't available from Uber, and your own policy may not cover app time unless it has a rideshare endorsement (PUC §5434). If your own insurer says no for that reason, see what to do when your insurance denies a claim because you were driving for an app.

If you're hurt

You may have two separate sources:

1. Prop 22 occupational accident insurance. California requires rideshare and delivery companies to carry it for injuries while you're online: medical expenses up to at least $1,000,000, and disability payments of 66% of your average weekly earnings from all apps for up to the first 104 weeks (B&P §7455(a)). Uber is covered as a "transportation network company" under Prop 22's definitions (B&P §7463). Uber says it maintains this coverage automatically for California rideshare drivers while online and waiting, on the way to a pickup, or on a trip, and lists a claim form and the number 480-931-3573 for California injury claims (Uber). This coverage applies regardless of fault.
2. A claim against the at-fault driver. In California, an injury claim can include lost earnings: the income you've lost so far, and future income you're reasonably certain to lose because of the injury (CACI No. 3903C). App earnings count too; keep your weekly statements from before and after the crash.

Prop 22 doesn't have to cover an accident while you're online but not on a trip if you're on a trip for another app at the time, or if you're doing personal activities (§7455(d)). With serious injuries, you may want legal advice about how these two sources fit together.

If the other driver has no insurance or drives off

• A rider was in your car. Since January 1, 2026, California requires Uber to carry uninsured and underinsured motorist coverage of $60,000 per person and $300,000 per incident from the moment a passenger enters your car until they exit. The law says this coverage is primary over other UM/UIM coverage and is solely Uber's obligation (PUC §5433(b)(2), as amended by SB 371). Uber describes this kind of coverage on its page as being "for you and your riders for injuries."
• No rider in the car. The law doesn't require Uber's UM/UIM then. Your own policy's uninsured motorist coverage is the usual place to look, but your personal policy may not cover app time unless it has a rideshare endorsement (§5434). For the car itself, DentedValue explains uninsured and hit-and-run property damage in California.

Two official pages are out of date on this. The CPUC's TNC insurance requirements page still lists $1,000,000 in UM/UIM during a ride, the pre-2026 figure. The Department of Insurance's notice to TNC drivers says rideshare companies aren't required to carry UM/UIM, which was written before the current law. The statute controls.

What if they say you were partly at fault?

The other driver's insurer may argue you were partly to blame, for example that you stopped suddenly for a pickup or pulled over in a bad spot. California uses comparative fault: if the other side proves your own carelessness helped cause the crash, your damages are reduced by your share of the responsibility, not wiped out (CACI No. 405). Photos, a police report, witnesses and dash cam video are what settle these disputes.

If you were partly at fault, the other driver can claim against the liability coverage that applied to you. During a trip, California requires $1,000,000 of primary coverage; while you're online and waiting, it's $50,000 per person and $100,000 per incident for injuries and $30,000 for property damage, plus $200,000 excess (§5433(b)–(c)). Uber's page still lists $25,000 in property damage for that period; the statute's $30,000 is the current minimum. See rideshare insurance periods in California for the full breakdown.

Will this raise your insurance?

For your personal policy, an insurer can't treat you as principally at fault unless your actions were at least 51% of the legal cause of the accident. A California regulation presumes you weren't principally at fault when, for example, your car was lawfully parked, you were rear-ended and weren't convicted of a moving violation, or the other driver was convicted of a moving violation and you weren't. If your insurer decides you were principally at fault, it has to tell you in writing and why, and you can ask it to reconsider within 30 days (10 CCR §2632.13).

What to do after a not-at-fault crash on Uber

1. Check for injuries and call 911 if anyone is hurt. Uber also says to contact police if there are injuries or damage and to keep the police report number.
2. Screenshot your app status (online, on the way, or with a rider) and note the time. It decides which coverage applies. Uber and its insurer have to share log-on and log-off times with other insurers investigating coverage (PUC §5435).
3. Get the other driver's name, license, plate and insurance, plus photos of both cars, the scene and any witnesses' contact information. Save dash cam footage right away.
4. Report the crash in the Uber app. Uber says to use the Safety Toolkit's "Report a crash" option; after that, its Crash Center shows your claim status and contact details for Uber's insurer.
5. Open a claim with the other driver's insurer and get a claim number, even if you also use Uber's coverage. You can tell both sides which path you're taking.
6. Tell your own insurer, truthfully, that you were driving for Uber. Knowingly giving false or misleading information about a material fact in a claim, or hiding something that affects your right to benefits, is a crime (Penal Code §550).
7. File an SR-1 with the DMV if required. If anyone was hurt or any one person's property damage is over $1,000, the driver must report it within 10 days, fault or not (Vehicle Code §16000). DentedValue's SR-1 guide walks through the form.
8. Keep records: repair estimates, the deductible receipt, rental receipts or quotes, medical bills, and your earnings statements.

Deadlines

The general deadline to sue over an injury caused by someone else's carelessness is two years (CCP §335.1). For damage to your car, it's generally three years (CCP §338(c)(1)). Insurance policies and Uber's process have their own, much shorter, reporting expectations, so report right away.

If you also deliver

Food and package delivery works differently: the rideshare insurance law doesn't apply, and DoorDash's coverage doesn't pay for your car at all. See what's covered after a crash while delivering for DoorDash.

Related

• The Uber and Lyft $2,500 deductible: when you pay it and how to get it back
• Rideshare insurance periods in California: who pays in each app period
• Insurance denied because you were driving for an app
• Car accident while delivering for DoorDash: what's covered

Published October 30, 2026 · Last reviewed October 30, 2026 · How we write and review guides