Hollywood, California
In an Uber or Lyft crash, which insurance applies depends on what the driver's app was doing at the moment of impact. California's Public Utilities Code § 5433 sets the tiers: app off, and only the driver's personal policy applies; app on and waiting for a request, and a contingent policy of at least $50,000 per person, $100,000 per incident and $30,000 property damage applies; en route to a rider or carrying one, and at least $1,000,000 of coverage applies. Hollywood generates a very high volume of pickups, which means the app-status question comes up constantly.
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Rideshare claims are handled by third-party administrators rather than a local adjuster, and the first thing they do is establish the driver's app status, because that determines whether a $50,000 contingent policy or a $1,000,000 policy is in play. A passenger is almost always in the higher tier; a pedestrian or another driver struck by an idle, app-off driver is not.
The second problem is who the defendant is. The driver, the other motorist, and the platform's insurer may all be involved, and each points at the other. Claims get quiet for weeks while that plays out.
Hollywood's specific hazard is the pickup itself. On Highland, Cahuenga and Selma, drivers stop in a travel lane or across a bike lane and passengers open doors into traffic. Vehicle Code § 22517 prohibits opening a door on the traffic side when it is unsafe or leaving it open longer than necessary, and those cases usually involve both the door and the decision about where to stop.
Screenshot the trip in the app — the driver, the vehicle, the route and the times. Once a trip scrolls out of view, reconstructing it becomes a records request.
Report the crash in the app and make sure the police report number is captured. If officers did not attend, Vehicle Code § 20008 requires a written report of an injury collision within 24 hours, and Vehicle Code § 16000 requires an SR-1 to the DMV within 10 days.
Do not give the rideshare insurer a recorded statement before you have advice. It is not required and rarely helps you.
Get evaluated the same night. As a passenger you may have no visible injury and still have a neck or back injury that declares itself days later.
If the driver was carrying you at the time, the higher coverage tier under Public Utilities Code § 5433 generally applies. It is still the insurer that decides what to pay, which is a separate question from what coverage exists.
It depends on the app status at impact. App off means the personal policy only; app on and waiting means a contingent policy of at least $50,000 per person and $100,000 per incident; en route or carrying a passenger means at least $1,000,000. Establishing which period applies is one of the first things we do.
Most California injury lawsuits must be filed within two years of the injury (Code of Civil Procedure § 335.1). If a city, county, or state agency is a defendant — a municipal vehicle, a dangerous roadway condition, a public sidewalk — you generally have six months to present a written government claim first (Government Code § 911.2). Talk to a lawyer early so a deadline never decides the case for you.
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On my way to LAX, a truck driver t-boned my car. I was in the hospital for a few days. Hollywood Law Center came to the hospital and took my information. They made sure my hospital bills were taken care of and got me the compensation I deserved.
What I loved about this firm is that they offer free consultations. They were very honest with me about my personal injury case and advised me of the good and the bad. They didn't just tell me what I wanted to hear — it was refreshing to have someone so honest.
Hollywood Injury Law Center — Bash & Polyachenko P.C.
6253 Hollywood Blvd #205, Los Angeles, CA 90028
Monday – Friday, 9:00am – 6:00pm
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Call (323) 850-0101Disclaimer: This page is general information only and is not legal advice. Reading it or contacting us does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Hollywood Injury Law Center — Bash & Polyachenko P.C. is licensed to practice law in California.
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