Is Uber Liable for Car Accidents in San Diego?

is uber liable for accidents

What Rideshare Passengers, Drivers, and Victims Need to Know

If you’ve been injured in an accident involving an Uber driver in San Diego, one of the first questions you may have is: Is Uber liable for the accident? It’s a common concern—and understandably so. Rideshare companies like Uber offer convenience, but when something goes wrong, figuring out who’s responsible can be confusing.

At DP Injury Attorneys, we’ve handled countless rideshare accident cases across Southern California. Whether you were a passenger, another driver, or a pedestrian, this guide breaks down how Uber’s insurance works, when Uber can be held liable, and what steps to take after a crash.

How Liability Works in Uber Accidents

Rideshare accidents are different from typical car crashes. That’s because multiple parties may be involved, each with their own insurance coverage and legal obligations. These may include:

  • The Uber driver
  • Uber as a company
  • Another at-fault driver
  • Even third parties like vehicle manufacturers or government entities (in cases involving defective roads or cars)

But when it comes to Uber’s liability, much depends on what the driver was doing at the time of the accident.

Uber’s Insurance Policy: It Depends on Driver Status

Uber provides a tiered insurance structure based on what the driver was doing during the ride. Here’s how it breaks down:

Driver Is Offline (Personal Time)

If the driver is not using the Uber app, Uber bears no responsibility. In this case, only the driver’s personal auto insurance would apply.

Driver Is Online, Waiting for a Ride Request

If the driver is logged into the Uber app but hasn’t accepted a ride yet, Uber provides contingent liability coverage:

  • $50,000 per person for bodily injury
  • $100,000 per accident
  • $25,000 for property damage

However, Uber’s insurance only kicks in if the driver’s personal insurance doesn’t cover the damages.

Driver Has Accepted a Ride or Has a Passenger

This is where Uber’s commercial insurance applies, offering up to:

  • $1 million in liability coverage
  • Uninsured/underinsured motorist coverage
  • Comprehensive and collision (for the Uber driver’s vehicle, if they carry this coverage personally)

If you were a passenger or another person injured during an active Uber trip, this $1 million policy likely applies.

So, Is Uber Directly Liable?

While Uber does provide insurance, the company itself may not be directly liable unless it can be proven that Uber was negligent in a way that contributed to the accident.

For example, Uber could face liability if:

  • They failed to properly vet a driver with a history of DUI or reckless driving
  • Their app functionality somehow distracted the driver or led to unsafe conditions
  • They ignored reports of dangerous behavior and allowed the driver to continue working

Generally, though, Uber argues that its drivers are independent contractors, not employees. This distinction limits Uber’s direct legal liability in many cases but does not limit its insurance responsibilities.

What If You’re Hit By an Uber Driver While Driving or Walking?

If you’re hit by an Uber driver as a pedestrian or in another car, the same tiered structure applies:

  • If the Uber driver was off-duty, you’d likely need to pursue their personal insurance.
  • If they were active in the app, Uber’s insurance may be available.
  • If the accident occurred during a ride or after accepting a trip, Uber’s $1 million policy should apply.

The key is determining the driver’s status at the exact time of the crash—something our attorneys can investigate thoroughly through app data, ride logs, and more.

What to Do After an Uber Accident in San Diego

If you’re involved in an Uber-related accident—whether as a passenger, driver, cyclist, or pedestrian—taking the right steps can strengthen your case:

  1. Seek medical attention immediately, even for minor injuries.
  2. Call the police to file an official accident report.
  3. Document the scene: Take photos, collect contact info, and screenshot your Uber ride if you were a passenger.
  4. Report the crash to Uber through the app.
  5. Do not speak to insurance adjusters (especially Uber’s) without legal guidance.
  6. Call DP Injury Attorneys. We’ll protect your rights, deal with insurers, and help you recover full compensation.

What Damages Can You Recover?

If Uber’s insurance applies, it may cover a wide range of damages, including:

We’ve seen how insurance companies—including those covering rideshare services—try to minimize payouts. That’s why having a strong legal advocate is so critical.

How DP Injury Attorneys Can Help

At DP Injury Attorneys in San Diego, we know how complex Uber accident claims can be. Between app data, multiple insurance policies, and corporate denial tactics, victims often feel overwhelmed or ignored.

Our legal team:

  • Investigates the driver’s status at the time of the crash
  • Determines which insurance policies apply
  • Negotiates aggressively for the maximum compensation
  • Files lawsuits against Uber when necessary

Whether you were injured in Downtown San Diego, La Jolla, Chula Vista, or anywhere in the county, we’re here to stand by your side and pursue justice.

Don’t Wait—You Have a Limited Time to Act

In California, most personal injury claims must be filed within two years of the accident. But gathering evidence and negotiating with rideshare companies takes time. The sooner you contact our office, the stronger your case will be.

Get the Answers—and Compensation—You Deserve

If you’re wondering, “Is Uber liable for my accident?”, the answer depends on several legal and factual issues. But you don’t have to figure it out alone.

DP Injury Attorneys has the experience, resources, and commitment to help Uber accident victims across San Diego hold the right parties accountable. We offer free consultations, and you pay nothing unless we win your case.

Author Bio

Arthur Paul D’Egidio is the Managing Partner of DP Injury Attorneys, a San Diego personal injury law firm. With more than 12 years of experience in California injury law, he has dedicated his practice to representing clients in a wide range of personal injury matters, including car accidents, workers’ compensation, slip and falls, catastrophic injury, and wrongful death cases.

Arthur received his Juris Doctor from the Thomas Jefferson School of Law and is a member of the State Bar of California as well as the San Diego County Bar Association. He has received numerous accolades for his work, including being named a Super Lawyer for seven straight years by Thomson Reuters and a “Top 40 Under 40” by the National Trial Lawyers.

LinkedIn | State Bar Association | Avvo | Google