Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents Uber and Lyft accident victims throughout San Jose and Santa Clara County. San Jose is one of the most active rideshare markets in California — Uber and Lyft both have Bay Area roots, and rideshare vehicles operate continuously throughout downtown San Jose, Diridon Station, Mineta San Jose International Airport, and the surrounding tech corridor. When a rideshare driver causes a collision, the insurance coverage that applies — and the amount available — depends on what the driver was doing at the moment of the crash.

Rideshare Insurance Periods Under California Law

California's rideshare insurance framework is established in Public Utilities Code § 5433, as amended by SB 371 effective January 1, 2026. The statute divides a rideshare driver's activity into three periods, each with different insurance requirements:

Period 1 — App on, no ride accepted. The driver has the rideshare app open and is available for a ride request but has not yet accepted one. Under SB 371, the Transportation Network Company must maintain or require a $200,000 excess liability policy that applies when the driver's personal auto insurance does not cover the loss or provides less than $200,000 in coverage. The primary coverage during Period 1 comes from the driver's personal auto insurance policy. The $200,000 excess layer only applies if that personal policy excludes or limits coverage for rideshare activity.

Period 2 — Ride accepted, en route to pickup. The driver has accepted a ride request and is driving to pick up the passenger. The TNC must maintain primary liability coverage of at least $1,000,000 per occurrence under § 5433.

Period 3 — Passenger in the vehicle. The driver has the passenger in the car. The TNC must maintain primary liability coverage of at least $1,000,000 per occurrence. Uninsured and underinsured motorist coverage of $60,000 per person / $300,000 per incident is also required during Period 3.

Determining which period applies at the time of the crash requires reviewing the rideshare company's trip records — specifically, the timestamp for when the driver accepted a ride request, when the passenger was picked up, and when the trip ended. This information is in the platform's possession and must be obtained through the litigation process.

Negligence and Driver Liability

A rideshare driver is subject to the same duty of ordinary care as any other driver under Civil Code § 1714(a). Vehicle Code violations — failure to yield, unsafe lane changes, distracted driving from using the app while driving — may establish negligence per se under CACI No. 418. Rideshare drivers are frequently distracted by their navigation apps, pickup location lookups, and passenger interactions, all of which increase crash risk.

Uber and Lyft Corporate Liability

Uber and Lyft classify their drivers as independent contractors, not employees, which limits direct respondeat superior liability. California courts, however, have examined the degree of control these platforms exercise over driver behavior. Beyond the independent contractor defense, the platforms face potential liability under their own negligent hiring and retention theories if a driver with a disqualifying history was permitted to operate on the platform. These theories require discovery of the platform's driver background check and screening records.

Uninsured and Underinsured Motorist Coverage

When a rideshare vehicle is struck by an uninsured or underinsured driver, the UM/UIM coverage requirements of § 5433 and Insurance Code § 11580.2 become relevant. The $60,000 per person / $300,000 per incident UM/UIM coverage required during Period 3 may provide an additional layer of recovery for passengers injured by an at-fault third party.

Damages

Civil Code § 3333 provides that damages include all detriment proximately caused by the defendant's negligence, whether anticipated or not. Civil Code § 3283 allows recovery for future losses reasonably certain to occur. Recoverable damages include past and future medical expenses, lost earnings, pain and suffering, emotional distress, and loss of enjoyment of life.

Filing Deadline — Statute of Limitations

Code of Civil Procedure § 335.1 sets a two-year statute of limitations for personal injury claims. Missing this deadline can potentially bar a lawsuit. Tolling doctrines may apply depending on the facts — contact Attorney Michael Rehm to assess the specific timeline in your case.

Santa Clara County Superior Court

Rideshare accident cases filed in San Jose are heard at the Santa Clara County Superior Court, 191 N. First Street, San Jose, CA 95113. All limited and unlimited civil cases must be filed at the Downtown Superior Court under Local Civil Rule 1(C). E-filing is mandatory for represented parties. Cases estimated to take more than one day at trial require a Mandatory Settlement Conference before the trial assignment hearing, with the MSC Statement due no later than five court days before the conference.

Related Pages

• San Jose Personal Injury Attorney
• San Jose Car Accident Attorney
• San Jose Uninsured Motorist Attorney
• San Jose Pedestrian Accident Attorney
• San Jose Wrongful Death Attorney

Attorney Michael Rehm handles rideshare accident cases throughout San Jose and Santa Clara County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.