West Hollywood, California
In an Uber or Lyft crash, which insurance pays depends on what the app was doing at the moment of impact. California regulates these companies as transportation network companies under Public Utilities Code § 5430 and following, and § 5433 sets the minimum coverage that applies at each phase — offline, logged in and waiting, and en route or carrying a passenger. West Hollywood generates rideshare trips around the clock, and the Sunset Strip and Santa Monica Boulevard curb lanes are where most of those collisions happen.
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If the driver was offline, only their personal auto policy applies — and many personal policies exclude commercial use. If the driver was logged in and waiting for a request, a lower contingent tier applies. If the driver was on the way to a pick-up or had a passenger aboard, the highest tier applies.
That status is not a matter of anyone's recollection. It is in the platform's trip record, together with GPS traces and timestamps. We request it early and in writing, because a claim positioned in the wrong phase is a claim aimed at the wrong policy.
A passenger in an Uber or Lyft is almost never at fault for anything, which usually makes the question 'which driver caused it' rather than 'was the passenger careless.' Where fault between the two drivers is disputed, a passenger can generally pursue both and let the insurers sort out the split.
People outside the vehicle have the same access to rideshare coverage. That includes a cyclist on the Santa Monica Boulevard corridor hit by a door opened after a drop-off — Vehicle Code § 22517 prohibits opening a door on the traffic side until it is reasonably safe, and the duty falls on whoever opens it.
Screenshot the trip in your app — driver, vehicle, times, and route — before the record scrolls out of easy reach, and report the crash through the platform's in-app process so there is a dated entry. Get the Sheriff's report number at the scene if deputies respond.
Expect a call from a third-party administrator rather than the platform itself. You are not required to give a recorded statement, and it is reasonable to get advice before you do.
Usually neither in the first instance — the claim is made against the applicable insurance. If the rideshare driver was at fault, the platform's coverage for the passenger-aboard phase generally responds. If the other driver caused it, that driver's policy comes first, with rideshare uninsured or underinsured coverage available if it falls short.
Through the platform's own trip and GPS records, which log status and timestamps. Those records are requested in writing and they are far more reliable than anyone's recollection at the scene.
Vehicle Code § 22517 prohibits opening a vehicle door on the side exposed to traffic until it is reasonably safe to do so. The duty falls on the person opening the door, and depending on the circumstances the driver's stopping position and the applicable rideshare coverage may also be part of the claim.
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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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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