Rideshare Crash Attorneys in San Diego

At Gershen Law, our San Diego rideshare accident attorneys move quickly to protect your rights, gather critical evidence, and build your case for full recovery. We understand the intricate insurance policies, underhanded corporate tactics, and high-stakes battles that Uber and Lyft often engage in after an accident. Above all, we know how to win against them.

Time is not on your side after a rideshare collision. Insurance companies act fast to protect their bottom line, not yours. That is why you have a skilled representative ready to act right away in your favor. Gershen Law stands ready to fight for you to get back your medical bills, lost wages, emotional suffering, and more—while you can focus all your strength on recovery.

Who Is Responsible for a San Diego Rideshare Crash?

Understanding who is liable after a rideshare accident in San Diego is essential to recovering the full compensation you deserve. Unlike traditional car crashes, rideshare accidents involve complex layers of insurance coverage—and everything hinges on the Uber or Lyft driver’s app status at the exact second the collision occurred.

At Gershen Law, our San Diego rideshare accident attorneys specialize in decoding these complicated cases. We immediately secure app activity logs, trip details, and insurance policy information to determine who should be held financially responsible.

How Uber and Lyft App Status Controls Insurance Coverage

Uber and Lyft use a tiered insurance system based on whether their drivers are actively working or simply logged into the app. This small distinction can dramatically change your case’s value. Here’s what you need to know:

App Off – No Rideshare Coverage

If the Uber or Lyft driver is not logged into the app, then they are considered off-duty.
In this scenario:

• Only the driver’s personal auto insurance applies.
• Uber and Lyft offer no insurance coverage whatsoever.
• You must pursue compensation through the driver’s private insurance policy.

Important: Personal insurance often has lower coverage limits compared to commercial policies.

App On, No Ride Accepted – Limited Rideshare Coverage

When the driver is logged into the app but has not yet accepted a ride request, Uber and Lyft provide limited third-party liability coverage:

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

This limited policy protects third parties—like you—if a rideshare driver causes an accident while waiting for a trip.
However, this is significantly less protection than when a ride is active.

Learn more about Uber’s insurance tiers directly from their official policy.

Trip Accepted or Passenger in Vehicle – Full $1 Million Coverage

Once a driver accepts a ride—or a passenger is physically in the vehicle—Uber and Lyft provide their full commercial insurance coverage:

• Up to $1 million in third-party liability coverage
• Additional uninsured/underinsured motorist coverage (if another driver causes the crash and lacks sufficient insurance)
• Contingent comprehensive and collision coverage (if the driver has personal coverage)

This full policy covers:

• Passengers in the Uber or Lyft
• Other drivers hit by the rideshare vehicle
• Pedestrians or cyclists injured by the driver
• Property owners impacted by the crash (such as damage to homes, fences, or parked cars)

Key Tip: Insurance companies often argue about the exact moment the trip began or ended. We obtain trip receipts, GPS logs, and app data to counter their claims.

Why Securing the Driver’s App Status Immediately Matters

Determining the driver’s real-time app status is crucial.
Without clear proof:

• Insurers may deny your claim by falsely stating the driver was off-duty.
• Liability coverage could be wrongly reduced, slashing your settlement.
• Critical trip data may disappear or be altered after the accident.

At Gershen Law, we move fast. Our legal team subpoenas app records directly from Uber and Lyft, preserving vital evidence before it’s lost or destroyed.

Explore Lyft’s coverage details for California drivers.

Multiple Parties May Be Liable in a San Diego Rideshare Crash

Sometimes, liability extends beyond just the rideshare driver. Depending on the situation, we may also pursue claims against:

• Uber or Lyft directly, for negligent hiring or failure to vet drivers properly
• Vehicle manufacturers if a mechanical failure contributed to the accident
• Third-party drivers who caused or contributed to the crash

This multi-layered strategy ensures you aren’t forced to accept a settlement that only scratches the surface of your damages.

In Short

Uber and Lyft’s app functionality controls your legal rights after a crash.
Understanding it—and acting on it quickly—could be the difference between a denied claim and full financial recovery.

At Gershen Law, our San Diego rideshare accident attorneys know how to pin down app status, hold rideshare companies accountable, and win you the compensation you deserve.

Types of Compensation Available After a Rideshare Accident

After a serious rideshare accident, many victims underestimate the true financial, physical, and emotional impact of their injuries. Medical bills are only the beginning. The lasting effects of an Uber or Lyft crash can ripple through every part of your life—from your career to your relationships to your ability to enjoy everyday activities. At Gershen Law, our San Diego rideshare accident attorneys pursue every possible form of compensation to help you recover fully and move forward with confidence.

Below, we break down the key types of damages you may be eligible to claim after a rideshare accident in San Diego.

Medical Expenses

One of the first and most obvious areas of compensation relates to medical costs. However, rideshare accident injuries often involve far more than an emergency room visit.

Immediate Medical Costs

• Ambulance transportation
• Emergency room treatment
• Hospital stays
• Surgery costs
• Diagnostic imaging (X-rays, MRIs, CT scans)

Ongoing and Future Medical Care

• Physical therapy
• Rehabilitation programs
• Pain management treatments
• Follow-up doctor visits
• Long-term medication needs
• Assistive devices (wheelchairs, prosthetics)

Serious injuries like traumatic brain injuries, spinal cord damage, or multiple fractures may require lifelong care. Learn how long-term medical needs impact injury claims.

Lost Wages and Loss of Earning Capacity

If your injuries prevent you from working, even temporarily, you have the right to recover lost wages. However, if the accident permanently limits your ability to work, you can also claim loss of future earning capacity.

Lost Income

• Missed work days or weeks during recovery
• Missed overtime or bonuses
• Loss of freelance or gig work income

Loss of Earning Potential

• Inability to return to your previous profession
• Forced reduction in working hours
• Need for retraining or career change

We work with vocational experts and economists to project the true financial impact of your injuries over your lifetime.

Pain and Suffering

Not every loss you experience after a rideshare accident has a clear dollar amount. However, emotional and physical suffering are very real damages under California law.

Physical Pain

• Ongoing discomfort or disability
• Chronic pain conditions
• Need for pain management

Emotional and Psychological Suffering

• Post-traumatic stress disorder (PTSD)
• Anxiety and depression
• Loss of enjoyment of life
• Sleep disturbances and phobias related to driving or riding

Insurance companies often try to downplay non-economic damages. Our attorneys build strong cases using medical records, therapist reports, and personal testimony to fully capture the human impact of your injuries.

Property Damage

If you were driving your own vehicle and were struck by a rideshare driver, you can recover compensation for vehicle repairs or replacement costs. Property damage claims may also cover:

• Damage to bicycles, motorcycles, or scooters
• Personal items damaged in the crash (laptops, phones, etc.)

Punitive Damages (In Certain Cases)

In rare but serious situations, you may be entitled to punitive damages. These are awarded not to compensate you, but to punish particularly reckless or intentional behavior.

Examples include:

• Rideshare drivers operating under the influence of alcohol or drugs
• Extreme cases of distracted or reckless driving
• Knowingly allowing an unsafe vehicle on the road

Punitive damages are not guaranteed and require clear, convincing evidence. Our team knows how to uncover the facts needed to pursue these higher-value claims when appropriate.

Understand when California allows punitive damages.

Future Damages for Long-Term Injuries

If your injuries are permanent or require ongoing treatment, it is crucial to account for future damages. These could include:

• Future surgeries
• Lifelong medical treatments
• Home healthcare needs
• Modifications to your home or vehicle for accessibility
• Ongoing mental health counseling

Future damages ensure that you are not left paying out-of-pocket for the consequences of someone else’s negligence years down the line.

At Gershen Law, we believe you should never have to settle for less than what you truly deserve. If you have been injured in a rideshare accident, contact our San Diego rideshare accident attorneys today to learn how we can fight for every dollar owed to you.

Common Causes of Rideshare Accidents in San Diego

Rideshare drivers in San Diego face intense pressure every day. Whether they are navigating crowded streets near Petco Park, making quick pickups in the Gaslamp Quarter, or racing to beat traffic along Interstate 5, the challenges are constant. Unfortunately, this pressure often leads to mistakes—mistakes that cause serious accidents.

At Gershen Law, we have spent years studying the patterns behind rideshare collisions. Understanding the root causes helps us build stronger cases for our clients and hold negligent parties accountable. Here’s a detailed look at why Uber and Lyft accidents happen so frequently in San Diego.

Distracted Driving

One of the leading causes of rideshare accidents is distracted driving. Uber and Lyft drivers rely heavily on smartphone apps for directions, trip requests, and communication with passengers. As a result, they often:

• Take their eyes off the road to read incoming ride requests
• Check maps while driving through unfamiliar neighborhoods
• Text or call passengers about pickups and drop-offs

Even a momentary glance at a phone can cause a devastating crash, especially on busy downtown streets or during rush hour.

Fatigue and Long Shifts

Many rideshare drivers work long hours, sometimes juggling driving with other jobs. In San Diego, where events and nightlife generate constant demand, drivers often push their limits to maximize earnings. Fatigue drastically impairs reaction times, decision-making skills, and overall awareness—creating dangerous conditions for everyone on the road.

Late-night and early-morning hours, especially near venues like Viejas Arena and the San Diego Convention Center, are prime times for fatigue-related accidents.

Speeding to Meet Deadlines

Rideshare companies reward drivers for completing trips quickly. During high-demand periods—such as weekends or holidays—drivers often speed to accept the next ride and boost their income. Speeding increases stopping distances, reduces control, and raises the severity of injuries when accidents occur.

Major corridors like Pacific Highway, Highway 163, and Friars Road see a disproportionate number of speeding-related rideshare crashes.

Unfamiliarity with San Diego Streets

Not every Uber or Lyft driver knows San Diego well. Many rely heavily on GPS systems, leading to:

• Last-minute lane changes
• Missed turns
• Confusion at complex intersections

Neighborhoods like Mission Valley, North Park, and Hillcrest have intricate street layouts that can easily confuse out-of-town drivers or those new to the city.

Unsafe Pickups and Drop-offs

Finding safe pickup and drop-off locations is not always easy in crowded urban zones. Rideshare drivers sometimes:

• Stop illegally in red zones
• Block bike lanes
• Pull over suddenly in moving traffic
• Disrupt crosswalks or intersections

Such behavior puts pedestrians, cyclists, and other drivers at risk. Busy areas like Little Italy, Old Town, and the Embarcadero are common hotspots for these risky maneuvers.

Poor Vehicle Maintenance

Uber and Lyft drivers are responsible for maintaining their vehicles, but not all drivers comply. Worn brakes, bald tires, and malfunctioning lights significantly increase the risk of accidents. Without proper inspections, mechanical failures can happen at the worst possible moments, leaving victims vulnerable.

Rideshare companies typically distance themselves from responsibility in maintenance-related crashes, making it critical to have an experienced legal team investigate thoroughly.

Building a Strong Case After a Rideshare Accident

Identifying the cause of a rideshare crash is only the beginning. At Gershen Law, we dig deeper. We gather evidence from:

• Rideshare app data
• GPS trip logs
• Traffic camera footage
• Vehicle inspection records
• Witness statements

This comprehensive approach ensures that we hold every negligent party accountable and secure the maximum compensation possible for our clients.

If you or a loved one suffered injuries in a rideshare accident, do not delay. Contact our San Diego personal injury attorneys today for a free case evaluation.

How Gershen Law Advocates for Rideshare Accident Victims

When you are injured in a rideshare accident, it is not enough to simply file an insurance claim and hope for the best. Uber, Lyft, and their insurers are backed by billion-dollar legal teams trained to minimize payouts and protect their interests—not yours. At Gershen Law, we are fully prepared to meet that challenge head-on. Our San Diego rideshare accident attorneys use aggressive strategies, deep legal knowledge, and local experience to advocate fiercely for every client we represent.

Immediate Investigation and Evidence Preservation

Winning a rideshare accident case starts within the first few hours after a crash. We act immediately to gather and preserve critical evidence before it disappears. Our team will:

• Secure digital trip records from Uber or Lyft
• Request black box data and GPS tracking information
• Gather police reports and first responder testimony
• Collect dashcam, surveillance, and traffic camera footage
• Interview witnesses and accident reconstruction experts

As the American Bar Association highlights, early evidence collection is critical when dealing with rideshare claims. Without aggressive action, essential proof can be lost or altered—weakening your case.

Deep Knowledge of Rideshare Insurance Complexities

Uber and Lyft operate under complicated insurance structures. The coverage that applies to your case depends entirely on the driver’s app status at the moment of impact. Many injury victims do not realize that insurers often misclassify trips to limit their responsibility.

Our attorneys understand the fine print of rideshare insurance policies. We are experienced at:

• Challenging insurers’ app status claims
• Uncovering hidden coverage options
• Enforcing full $1 million commercial liability benefits when applicable

We refuse to let insurance companies manipulate technicalities to deny you rightful compensation.

Aggressive Negotiation and Litigation Strategies

Not every case settles quickly—and not every offer is fair. If Uber, Lyft, or another at-fault party refuses to offer a just settlement, we are fully prepared to take your case to trial. We build strong, evidence-backed cases designed for courtroom success. Our preparation includes:

• Comprehensive damage valuations
• Expert medical testimony
• Vocational rehabilitation and future wage loss reports
• Economic impact assessments for long-term injury costs

By demonstrating the full extent of your damages, we leave no room for lowball offers or insurance gamesmanship.

Personalized, Compassionate Client Service

We understand that every rideshare accident victim has unique needs. From day one, you are treated like a person—not a case number. At Gershen Law, we:

• Provide free, no-obligation consultations
• Keep you informed at every stage of your case
• Offer flexible communication methods to fit your life
• Never charge legal fees unless we recover compensation for you

When you partner with our firm, you gain a legal team that cares deeply about your health, your financial recovery, and your future.

Ready to Stand Up for You

Choosing the right attorney can make all the difference after a rideshare accident. At Gershen Law, we are proud to offer a powerful combination of aggressive advocacy and client-first service. We understand how Uber, Lyft, and their insurers operate—and we know how to beat them.

If you have been injured in a rideshare accident in San Diego, contact Gershen Law today for a free consultation. Let us fight for the compensation and justice you deserve.

Frequently Asked Questions About Rideshare Accidents

Navigating the aftermath of a rideshare accident can be overwhelming, especially when you are dealing with injuries, insurance companies, and complex legal rules. To help you better understand your rights and options, our San Diego rideshare accident attorneys have compiled answers to some of the most common questions we hear from clients.

What Should I Do Immediately After a Rideshare Accident?

First, seek medical attention—even if you feel fine. Injuries like whiplash or concussions may not show symptoms right away. Then, report the accident to the police and the rideshare company through their app. Make sure to gather driver information, take photos of the scene, and save your ride receipt. Finally, consult an experienced attorney before speaking to insurance adjusters.

Who Pays for My Injuries After an Uber or Lyft Crash?

Responsibility for your injuries depends on the driver’s app status at the time of the crash. If a trip was accepted or a passenger was onboard, Uber or Lyft’s $1 million insurance policy typically applies. If the driver was logged in but waiting for a ride, limited coverage is available. Our team investigates the exact circumstances to ensure you receive the maximum compensation possible.

See how Uber insurance works.

Can I Sue Uber or Lyft Directly After an Accident?

In most cases, you cannot sue Uber or Lyft directly because drivers are classified as independent contractors, not employees. However, if the company failed to screen a driver properly or ignored safety concerns, it may be possible to file a lawsuit for negligent hiring or supervision. Each case depends on the specific facts, and a thorough investigation is crucial.

What Happens If Another Driver Caused the Rideshare Accident?

If a third-party driver caused the crash, you may be able to file a claim against that driver’s insurance policy. In addition, Uber and Lyft offer uninsured/underinsured motorist coverage that may apply if the at-fault driver lacks adequate insurance. We pursue every available avenue to secure full compensation for your injuries.

Learn more about filing a car accident claim in San Diego.

How Long Do I Have to File a Rideshare Accident Claim in California?

California law generally gives injury victims two years from the date of the accident to file a lawsuit. This deadline is known as the statute of limitations. Waiting too long can permanently bar your right to recover damages. However, evidence can be lost long before that deadline, so it is critical to start the process as soon as possible.

Understand California’s personal injury statute of limitations.

How Much Is My Rideshare Accident Case Worth?

Every case is unique. The value of your rideshare accident claim depends on factors like the severity of your injuries, the impact on your ability to work, the cost of medical treatment, and the emotional toll of your experience. Our team works with medical experts, economists, and vocational specialists to fully value your claim and demand the maximum settlement or award possible.

Speak with a San Diego Rideshare Accident Attorney Today

You should never have to face the aftermath of a rideshare accident alone. Medical bills, lost wages, emotional trauma, and insurance company tactics can overwhelm even the strongest individuals. At Gershen Law, we stand ready to guide you through every step of the legal process with aggressive advocacy, personalized care, and a proven track record of success.

Our San Diego rideshare accident attorneys will fight to secure the maximum compensation you need to recover fully—no matter how complex your case may be. From the moment you contact us, we work tirelessly to protect your rights, preserve crucial evidence, and hold every responsible party accountable.

The sooner you act, the stronger your case will be.
Contact Gershen Law today for a free, no-obligation consultation. There are no upfront costs, and you pay nothing unless we win your case.

🔗 Schedule your free case evaluation now.
Let us focus on winning justice for you—while you focus on healing and moving forward.