Rideshare Accidents

San Diego Rideshare Accident Attorneys

Khashayar Law Group represents people seriously injured in Uber, Lyft, and other rideshare collisions throughout San Diego County. Led by ABOTA-member trial attorney Daryoosh Khashayar, the firm has recovered more than $165 million for clients across personal injury matters — including rideshare cases where the applicable insurance coverage and driver classification controlled the outcome. Consultations are free and carry no obligation.

Why California Rideshare Accident Cases Are Different

Rideshare accident claims are not standard car accident claims. California treats Uber and Lyft as Transportation Network Companies (TNCs) under California Public Utilities Commission regulations, and the coverage that applies to your injury depends entirely on what the driver was doing at the moment of the collision. The wrong characterization of the driver's status can cost a victim hundreds of thousands of dollars in available coverage.

The Three California TNC Insurance Periods

Under California Public Utilities Code §5433 and CPUC TNC regulations, every Uber and Lyft trip in California falls into one of three insurance periods at every moment in time:

• Period 0 — App Off. The driver is not logged into the rideshare app. Only the driver's personal auto policy applies. California's minimum personal auto coverage is $15,000 per person / $30,000 per accident under Vehicle Code §16056.
• Period 1 — App On, No Ride Accepted. The driver is logged in and waiting for a request. Uber and Lyft provide contingent liability coverage of $50,000 per person, $100,000 per accident, and $30,000 property damage — only if the personal policy denies the claim.
• Period 2 — Ride Accepted, En Route to Pick Up. From the moment the driver accepts the trip request until passenger pickup, the rideshare company’s $1,000,000 third-party liability policy applies, plus uninsured/underinsured motorist coverage.
• Period 3 — Passenger Onboard. From pickup through drop-off, the rideshare company’s $1,000,000 third-party policy plus UM/UIM coverage applies. This is the highest-coverage period.

Determining which period applied at the moment of the crash requires preservation of app activity logs, driver status records, dispatch records, and trip metadata. This data can be reviewed and altered by the TNC, which is why early preservation letters are critical.

How Khashayar Law Group Handles Rideshare Accident Cases

Khashayar Law Group approaches rideshare cases the same way it approaches commercial trucking cases — with the understanding that the matter may need to be litigated, and that the corporate defendant's records will need to be subpoenaed and authenticated. The firm issues preservation letters within days of being retained, requires production of app activity logs and driver onboarding records, and pursues both the driver's personal policy and the TNC's commercial coverage where applicable.

Daryoosh Khashayar has tried cases before juries, before judges, and before the California Court of Appeal. He has litigated against major insurers including GEICO and Progressive, and against large corporations including Walmart and Costco. Rideshare cases involve the same kind of corporate defense, and the firm prepares them with trial in mind.

ABOTA Membership and What It Means for Rideshare Clients

Daryoosh Khashayar is a member of ABOTA — the American Board of Trial Advocates, an invitation-only organization reserved for attorneys with exceptional verified civil jury trial experience and judicial recommendations. Uber and Lyft assess every claim partly on whether the attorney across the table is genuinely prepared to take the case to verdict. ABOTA membership is one of the clearest signals that the answer is yes.

Who May Be Liable in a San Diego Rideshare Accident

Depending on the facts, the following parties may bear liability in a rideshare collision:

• The rideshare driver — for negligent operation, distraction (often app-related), fatigue, or unsafe lane changes.
• Uber or Lyft (the TNC) — vicariously where the driver is operating within the scope of the app, and contractually through the TNC’s commercial policy.
• A third-party driver — when another vehicle caused or contributed to the crash.
• The vehicle manufacturer — in defective component cases.
• Maintenance providers — where mechanical failure traceable to negligent maintenance contributed to the crash.

Compensation Generally Available in California Rideshare Cases

California personal injury law allows rideshare accident victims to pursue:

• Medical expenses — emergency care, hospitalization, surgery, rehabilitation, and anticipated future care.
• Lost income and reduced earning capacity.
• Pain and suffering — physical pain, emotional distress, and loss of enjoyment of life.
• Property damage — the vehicle and personal property involved in the crash.
• Wrongful death damages under California Code of Civil Procedure §§377.60–377.62 when a rideshare collision results in a fatality.

California applies pure comparative negligence under Civil Code §1714, meaning a plaintiff can recover even when partially at fault, with the recovery reduced by the plaintiff’s percentage of fault.

Time Limits for Filing a California Rideshare Claim

California Code of Civil Procedure §335.1 generally provides a two-year period to file a personal injury claim arising from a rideshare collision. Evidence preservation deadlines often run shorter than the statute — app data and driver status records have limited retention windows, which is why early consultation matters.

Frequently Asked Questions — San Diego Rideshare Accident Attorneys

Does Uber or Lyft’s $1 million policy always apply to a rideshare crash?

No. The $1,000,000 commercial policy only applies during Period 2 (ride accepted, en route to pickup) and Period 3 (passenger onboard). If the driver was offline (Period 0) or merely waiting for a request (Period 1), much lower coverage applies. Determining which period applied requires app data.

I was a passenger in an Uber that crashed — who pays?

When you are a passenger in a rideshare vehicle, Period 3 applies. The TNC’s $1,000,000 third-party liability policy and uninsured/underinsured motorist coverage apply. You generally have a claim against whichever driver was at fault — the rideshare driver, the other driver, or both.

I was hit by an Uber/Lyft driver while walking, biking, or driving — what coverage applies?

It depends on the driver’s app status at the moment of the crash. If the driver had accepted a ride or had a passenger, the TNC’s commercial policy applies. If the driver was only logged in waiting, contingent coverage may apply. App activity logs must be preserved quickly.

How long do I have to file a rideshare accident claim in California?

Two years from the date of the crash for personal injury under California Code of Civil Procedure §335.1; six months to file a written government claim under Government Code §911.2 if a government vehicle or public road defect contributed.

Can I sue Uber or Lyft directly?

You generally pursue the TNC’s commercial insurance policy. Direct claims against Uber or Lyft for vicarious liability and negligent practices are also possible depending on the facts. The firm evaluates every potentially responsible party.

What if the rideshare driver was off-app at the time of the crash?

If the driver was in Period 0 (app off), only personal auto coverage applies — typically California’s $15,000 / $30,000 minimum. In serious-injury cases this is rarely enough, so identifying additional defendants or uninsured/underinsured motorist coverage becomes critical.

What evidence is most important in a rideshare case?

App activity logs, driver onboarding and acceptance records, GPS and trip metadata, dashcam footage if available, the police report, witness statements, the driver’s personal auto policy, and the TNC’s commercial policy declarations. Spoliation letters should be sent within days of the crash.

How much does a San Diego rideshare attorney cost?

Khashayar Law Group works on contingency. There is no attorney fee unless the firm recovers compensation for you. The initial consultation is free and confidential.

Talk to a San Diego Rideshare Accident Attorney

Khashayar Law Group handles serious Uber and Lyft accident cases throughout San Diego and California. If you’ve been injured in a rideshare collision — as a passenger, another driver, a pedestrian, or a cyclist — contact our San Diego personal injury attorneys for a free consultation. Call (858) 509-1550 or visit our office at 1350 Columbia St., Suite 303, San Diego, CA 92101.