US-CaliforniaCan I sue a rideshare company if their driver causes an accident?
Yes, you can sue a rideshare company in California if their driver causes an accident — the company may be held liable under vicarious liability or negligent hiring theories, especially when the driver is logged into the app and available for rides.
What the Law Says
California law treats rideshare drivers differently depending on their status at the time of the accident — whether they’re offline, waiting for a ride request (‘available’), or actively transporting a passenger (‘engaged’). The state imposes strict insurance requirements and assigns liability accordingly.
Under California Assembly Bill 2293 (the ‘Transportation Network Company Act’), rideshare companies like Uber and Lyft must carry commercial auto insurance covering drivers during all three periods of app use: (1) when the driver is offline; (2) when the driver is logged in and available for rides but hasn’t accepted a request; and (3) when the driver has accepted a ride and is transporting a passenger.
The law requires minimum liability coverage of $30,000 per person, $60,000 per accident, and $15,000 for property damage when the driver is ‘available’ (period 2), and $1,000,000 per accident when ‘engaged’ (period 3). These amounts are significantly higher than standard personal auto policies.
Importantly, AB 2293 clarifies that transportation network companies (TNCs) are not classified as employers of drivers — but courts may still hold them liable under common law theories like vicarious liability or negligent supervision if the driver was acting within the scope of their TNC-related activity.
Statutory TextA transportation network company shall maintain, at its own expense, primary automobile liability insurance… in the amount of one million dollars ($1,000,000) per occurrence for bodily injury and property damage… while a driver is engaged in a prearranged ride.
— Cal. Pub. Util. Code § 5429 — Insurance Requirements for Transportation Network Companies
Statutory TextA transportation network company is not an employer of a driver… solely by reason of the relationship between the transportation network company and the driver.
— Cal. Pub. Util. Code § 5428 — Employer Status
What Courts Have Said
California courts have grappled with whether rideshare companies can be held liable for driver negligence — particularly when drivers are in the ‘available’ period. Key rulings clarify limits on vicarious liability but leave room for negligence-based claims.
The court held that Lyft was not vicariously liable for a driver’s negligence while the driver was merely logged in and waiting for a ride request — because the driver was not yet performing services for Lyft at that moment.
The court allowed a negligent hiring claim to proceed, finding Uber could be liable if it failed to conduct adequate background checks before permitting the driver to use its platform.
What to Do
Confirm the driver’s status at the time of the crash (offline, available, or engaged) — check app timestamps and ride receipts.
Preserve evidence: photos, police report, witness contact info, and your own medical records.
File a claim with the rideshare company’s insurer — they must respond within 30 days under California law.
Consult a personal injury attorney within 2 years of the accident — California’s statute of limitations for personal injury is strict.
If the driver was ‘engaged’ or the company failed basic safety duties (e.g., ignoring red flags in background checks), you likely have grounds for a lawsuit.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.