This page was written and reviewed by Michael J. Cefali, Esq. Attorney Cefali is a founding partner of Cefali & Cefali, APC, based in San Juan Capistrano, CA. He holds a Juris Doctor from Chapman University Fowler School of Law and a B.A. in Global Studies & Maritime Affairs from the California Maritime Academy. Widely recognized for his advocacy in personal injury law, he has secured multi-hundred-thousand-dollar settlements in motorcycle accidents, hit-and-runs, and red-light collision cases. He maintains a perfect 10.0 “Superb” rating on Avvo.
Beyond his legal practice, Mr. Cefali actively supports his community through the Rotary Club of San Juan Capistrano, contributes to housing and meal programs for those in need, and enjoys fishing and spending time with his rescue dogs.
The date below reflects when this page was last reviewed for accuracy. Please see our Editorial Guidelines.
If you were hurt in an Uber or Lyft accident in Mission Viejo, you have the right to pursue compensation for your medical bills, lost income, and pain and suffering. Rideshare claims in California are different from ordinary car accident claims: coverage depends on which app period the driver was in, and a 2026 change to state law cut the uninsured-motorist protection passengers used to rely on. The rideshare accident attorneys at Cefali & Cefali handle these claims across Orange County. Call (949) 325-7790 for a free consultation, available 24/7. No fee unless we win.
Who pays after an Uber or Lyft accident in California?
Which insurance applies after a rideshare crash depends entirely on what the driver was doing at the moment of the collision. California ties coverage to the driver's "app period," and the difference between periods can be the difference between a $50,000 policy and a $1 million policy.
Period 0 (app off). The driver is not logged in. Only the driver's personal auto policy applies, just like any ordinary car accident.
Period 1 (app on, waiting for a ride). The driver is logged in but has not accepted a trip. Uber and Lyft provide contingent liability coverage of at least $50,000 per person, $100,000 per accident, and $30,000 for property damage.
Period 2 (trip accepted, en route to pickup). The rideshare company's $1 million third-party liability policy applies.
Period 3 (passenger in the vehicle). The $1 million commercial liability policy remains in force through the entire trip until the passenger is dropped off.
Because so much turns on the app period, app data, GPS records, and the police report are critical evidence. An attorney works to establish the period quickly, before that data becomes hard to obtain.
Can you sue Uber or Lyft directly in California?
Usually not on a vicarious-liability theory. Uber and Lyft drivers are independent contractors, and under Proposition 22 the companies are generally not automatically responsible for a driver's negligence the way an employer would be. Recovery normally comes through the rideshare company's insurance policy for the applicable app period, not from suing the company as the driver's employer.
There are exceptions. The company can still face a direct claim for its own negligence, such as negligent hiring, retention, or a safety failure of its own. Sorting out whether such a claim exists takes an attorney's review of the specific facts, which is why identifying every source of coverage matters so much in rideshare cases.
How did SB 371 change rideshare insurance in 2026?
Effective January 1, 2026, Senate Bill 371 sharply reduced the uninsured and underinsured motorist (UM/UIM) coverage that Uber and Lyft must carry for passengers. The prior requirement was $1 million; the new minimum is $60,000 per person and $300,000 per accident. The $1 million third-party liability policy for injuries a rideshare driver causes during an active trip was not changed.
This matters when the at-fault driver is a third party who is uninsured or underinsured. If an uninsured driver causes the crash while you are a passenger, the most the rideshare UM/UIM policy now pays is $60,000 per person, down from $1 million. A single surgery can exceed that. Because of this change, carrying strong UM/UIM coverage on your own personal auto policy is more important than ever, and identifying every available policy after a crash is a central part of building the claim.
What should you do after a Mission Viejo Uber or Lyft accident?
Get medical attention right away, report the crash so a police report is created, and preserve proof of the app period. Do not give a recorded statement to any insurer before speaking with a lawyer.
Check for injuries and call 911. Get medical help for anyone hurt, even if injuries seem minor at first.
Get a police report. An official report is valuable evidence in any rideshare claim.
Screenshot the app. Capture the trip screen, driver details, and trip status. This helps prove which app period applied.
Document the scene. Photograph the vehicles, injuries, and road conditions, and get witness contact information.
Report the accident to the rideshare company and your own insurer.
Seek medical care even if you feel fine. Some injuries appear days later, and prompt records link your injuries to the crash.
Contact a rideshare accident attorney. An attorney can preserve app data and deal with the insurers for you.
Common Causes of Uber and Lyft Accidents
Most rideshare crashes come down to driver negligence, though other factors contribute:
Driver error, including distracted driving (rideshare drivers watch the app), speeding, and reckless driving
Fatigue from long hours chasing fares
Impaired driving
Equipment failure, such as worn brakes or tire blowouts
Poor road or weather conditions
Common Types of Uber and Lyft Accidents
Rear-end collisions, often from distracted driving or tailgating
T-bone collisions at intersections, from running a light or failing to yield
Pedestrian accidents, which can cause severe injuries
Sideswipe collisions from unsafe lane changes
Single-vehicle and rollover crashes
What compensation can you recover after a rideshare accident?
An injured passenger, driver, or pedestrian may recover both economic and non-economic damages, and California places no cap on these damages in an ordinary injury case. Recoverable losses include:
How long do you have to file a rideshare accident claim in California?
Under California Code of Civil Procedure section 335.1, you generally have two years from the date of injury to file a personal injury lawsuit. If a government vehicle was involved (a city or transit vehicle, for example), you must file an administrative claim within six months under the California Government Claims Act. Because rideshare app data can be difficult to obtain later, it is best to act well before these deadlines.
Why Choose Cefali & Cefali
Rideshare claims turn on app-period coverage, the 2026 UM/UIM change, and Proposition 22's effect on company liability, details that ordinary car accident handling can miss. We identify every applicable policy, establish the app period with app and GPS data, handle the insurers, and pursue the full value of your claim, and we are ready to take the case to trial if the offer is not fair. We work on a contingency fee basis, so you pay no fee unless we win, and we offer consultations in English and Spanish.
We represent injured rideshare passengers, drivers, and pedestrians in Mission Viejo and across Orange County, including Laguna Hills, Laguna Niguel, Lake Forest, Aliso Viejo, Rancho Santa Margarita, and San Juan Capistrano.
Speak With a Mission Viejo Rideshare Accident Attorney
The insurance companies involved in a rideshare claim are experienced and motivated to pay as little as possible. Having an attorney who understands the app-period rules and the 2026 coverage changes protects your right to full compensation. If you or someone you know was hurt in an Uber or Lyft accident, call (949) 325-7790 or contact us for a free consultation. No fee unless we win.
Michael Cefali is a dedicated accident attorney based in San Juan Capistrano, California, committed to securing justice and fair compensation for accident victims.
A graduate of Newport Harbor High School, he went on to earn his Bachelor’s degree in Global Studies and Maritime Affairs from the California Maritime Academy, followed by his Juris Doctor from Chapman University School of Law.
Deeply invested in his community, Michael is an active member of the Rotary Club of San Juan Capistrano, contributing to efforts that provide meals, housing, and support to those in need. Outside of his legal work and volunteer service, he enjoys fishing in Dana Point and spending time with his three rescue dogs—a Chihuahua, a Spaniel mix, and a Shepherd mix.
Driven by his strong belief in justice and fairness, Michael remains steadfast in advocating for individuals harmed by the negligence or inaction of others.