Bakersfield Rideshare Accident Lawyer

What California Law Requires Rideshare Companies to Carry

California calls Uber and Lyft transportation network companies, and Public Utilities Code section 5433 sets the insurance they and their drivers must keep. The required coverage changes with the driver’s status in the app.

While the driver is logged in and waiting for a request, the law requires primary coverage of at least $50,000 per person and $100,000 per incident for death and injury, plus $30,000 for property damage. The company must also keep at least $200,000 in excess coverage per occurrence for that period.

From the moment the driver accepts a ride until the trip is complete, the required primary coverage rises to $1,000,000 for death, personal injury and property damage. When the app is off, none of these rules apply, and the driver’s personal auto policy is usually the only coverage. Personal policies may exclude driving for pay, which is one reason insurers fight over the app status.

All of these figures are insurance requirements set by statute. They say nothing about what any particular claim is worth.

The 2026 Change to Uninsured Motorist Coverage

Senate Bill 371, effective January 1, 2026, rewrote part of section 5433. The statute now requires the rideshare company to provide uninsured and underinsured motorist coverage of $60,000 per person and $300,000 per incident, from the moment a passenger enters the vehicle until the passenger gets out. That coverage is primary over any other uninsured motorist coverage and is solely the company’s obligation.

This matters most when the rideshare car is hit by a driver who has no insurance or too little. Before the amendment, the statute required $1,000,000 in uninsured and underinsured motorist coverage for the same period, and many older articles and law firm pages still quote that figure. For a crash on or after January 1, 2026, the current statute is the one that counts, and the injured person’s own auto policy may add further coverage.

Proving the App Status

The driver’s phone and the company’s servers record when the app was turned on, when a request was accepted and when a passenger was picked up or dropped off. The companies control the complete record, and an insurer for one side may describe the timing very differently from the other. A written preservation request goes out early, and if a lawsuit is filed the records can be obtained by subpoena.

Passengers can help by keeping screenshots of the trip receipt, the driver’s name and the car’s plate number from the app. Drivers should save their own trip history and any messages from the company after the crash.

When the Rideshare Driver Is the One Hurt

Drivers for Uber and Lyft are covered by a separate set of rules. Proposition 22, approved by California voters in 2020, added Business and Professions Code section 7455. It requires a network company to carry occupational accident insurance for drivers who are hurt while online with the app, covering at least $1,000,000 in medical expenses and paying disability benefits of 66 percent of the driver’s average weekly earnings for up to the first 104 weeks after the injury. If a driver dies, the law requires accidental death coverage for the family.

Those benefits do not depend on proving anyone was at fault. A driver hit by another motorist can also bring a claim against that motorist, and section 7455 treats the occupational accident benefits as workers’ compensation or disability payments when the driver’s uninsured motorist coverage is calculated. Keeping the two claims coordinated avoids double counting arguments later.

Driving for Uber and Lyft at the Same Time in Kern County

Plenty of Bakersfield drivers keep both apps open on the 99 and take whichever request comes first. Prop 22 allows it. Business and Professions Code section 7451 says a network company cannot stop a driver from working through other companies except during engaged time, which runs from accepting a request until it is complete.

Liability insurance is harder. Public Utilities Code section 5433 ties each company’s required coverage to the driver’s status in that company’s app: lower limits while logged on and waiting, $1,000,000 after a ride is accepted. The statute does not say what happens when one app shows an accepted ride and the other shows the driver waiting. That question is not settled in the code, so it usually comes down to the policy wording and the trip data from both companies. Those records should be requested early.

Driver injury benefits are clearer. Section 7455 requires occupational accident coverage while a driver is online, meaning able to receive requests or in engaged time. A company does not have to cover a crash that happens while the driver is merely available on its app but engaged on another platform. When more than one company’s policy applies, the insurer that pays can seek a pro-rata share from the others. Disability pay is figured from earnings across all network companies. Delivery apps count too, because section 7463 defines network companies to include delivery network companies.

Personal auto insurance is the gap. Section 5434 says a personal policy does not cover a driver from log-on to log-off unless it expressly includes rideshare use, often through a separately priced endorsement.

Rideshare Pickups at Meadows Field

Meadows Field Airport, Bakersfield’s commercial airport, allows only Lyft and Uber to operate rideshare service there. The airport tells arriving passengers to collect their bags before requesting a ride and then go to the arrivals curb for pickup. Curbside pickup areas mix rideshare cars, private cars and pedestrians with luggage, and a collision there can involve the airport’s own property and operations, which brings up the public entity claim rules described below.

Police Reports in Bakersfield

The Bakersfield Police Department handles most crashes on city streets. Its records unit says traffic reports usually take five to seven business days, sometimes up to ten, and accident reports cost $7. Requests can be made online, at police headquarters on Truxtun Avenue, or by mail, and the traffic report line is (661) 326-3883.

On State Route 99, State Route 58 and in unincorporated areas around the city, the California Highway Patrol’s Bakersfield Area office takes the report. Involved drivers and passengers can ask for a copy with form CHP 190.

A rideshare passenger is a party to the crash even though he or she was not driving, so make sure the officer records your name and contact information. That makes it easier to get the report later.

Medical Care and Documentation

Kern Medical is a state-designated Level II trauma center in Bakersfield, and its trauma center opened in 2001. For less serious injuries, people often go to an urgent care or their own doctor a day or two later. Whatever the path, the record should connect the injury to the crash from the first visit: tell each provider that you were in a rideshare collision, where you were sitting and what hurts. A gap of several weeks before the first visit gives an insurer an argument that something other than the crash caused the injury.

Court and Deadlines in Kern County

A rideshare injury lawsuit from Bakersfield is filed in the Superior Court of California, County of Kern. Under the court’s local rules, unlimited civil cases, those seeking more than $35,000, belong to the Metropolitan Division downtown, and the court’s civil page directs those complaints to the Metro Justice Building at 1215 Truxtun Avenue. The Metropolitan Division is at 1415 Truxtun Avenue.

The general deadline to sue for personal injury is two years from the crash under Code of Civil Procedure section 335.1. If a public entity is involved, for example a county vehicle or the airport, a written claim generally must be presented within six months under Government Code section 911.2.

Contact Saeedian Law Group

The firm’s office is at 9100 Wilshire Boulevard, Suite 500W, Beverly Hills, and Bakersfield clients can meet by phone or video. There is no attorney fee unless there is a recovery in your case. Call (310) 288-3000 to schedule a free consultation.

The statewide rules are on our California rideshare accident attorney page. For company-specific questions, see our Bakersfield Uber accident lawyer and Bakersfield Lyft accident lawyer pages, and for a crash with no rideshare car involved, the Bakersfield car accident lawyer page. Our rideshare pages for Los Angeles and Glendale cover trips that ended in a crash farther south.

Our Beverly Hills Office and Kern County Rideshare Clients

Saeedian Law Group does not have an office in Bakersfield. Kern County rideshare drivers and passengers work with our Beverly Hills headquarters at 9100 Wilshire Blvd., Suite 500W, Beverly Hills, CA 90212, about 97 miles away in a straight line. Most Bakersfield clients meet us by phone or video, and in-person meetings are by appointment at (310) 288-3000.

View our Beverly Hills office on Google Maps

Frequently Asked Questions

I was a passenger in an Uber in Bakersfield. Whose insurance pays?

Under Public Utilities Code section 5433, once the driver accepts a ride request, the rideshare coverage must be primary and at least $1,000,000 for death, personal injury and property damage. That coverage stays in place until the trip is complete. If another driver caused the crash, that driver’s insurer is also responsible, and if that driver had no insurance or too little, the company’s uninsured motorist coverage of $60,000 per person applies while a passenger is in the car. Which policies pay, and in what order, depends on who was at fault.

What changed in California rideshare insurance in 2026?

Senate Bill 371 took effect on January 1, 2026, and amended Public Utilities Code section 5433. The uninsured and underinsured motorist coverage that rideshare companies must provide is now $60,000 per person and $300,000 per incident, and it applies from the moment a passenger enters the vehicle until the passenger exits. The $1,000,000 liability requirement during an accepted trip did not change. Pages that still describe a larger uninsured motorist limit were written before the amendment took effect. The change applies to crashes on or after that date.

The rideshare driver was waiting for a request when the crash happened. Is there any company coverage?

There is company coverage in that period, but the required amounts are smaller. While a driver is logged in and available but has not accepted a ride, section 5433 requires primary coverage of at least $50,000 per person, $100,000 per incident and $30,000 for property damage, plus $200,000 in excess coverage per occurrence maintained by the company. If the app was completely off, the driver’s personal policy usually applies instead. The company’s records showing when the app was on are the key evidence.

Where do rideshare drivers pick up passengers at Meadows Field Airport?

Meadows Field tells arriving travelers to collect their luggage first and then request a Lyft or Uber, meeting the car at the arrivals curb. Lyft and Uber are the only rideshare companies the airport authorizes. If you were hurt at the curb, note the exact spot and whether airport staff or security saw what happened, because some airport-area claims involve a public entity and the six-month claim deadline in Government Code section 911.2. Photos of the curb area and the trip receipt help fix the location.

How do I get the police report for a Bakersfield rideshare crash?

For crashes on city streets, the Bakersfield Police Department says traffic reports are usually available in five to seven business days, sometimes up to ten, for a flat $7. You can request one online, in person or by mail. For crashes on the 99, the 58 or in unincorporated parts of Kern County, ask the California Highway Patrol’s Bakersfield Area office using form CHP 190. Passengers are entitled to request the report as involved parties. Bring the report number the officer gave you, because it identifies the agency and speeds up the request.

Can I sue Uber or Lyft directly?

A direct claim against the company is possible in some cases, but most claims are paid through the insurance that section 5433 requires the company and driver to carry. The company’s terms of service may also contain an arbitration agreement that applies to claims between a rider and the company. A claim against a third driver who caused the crash is a separate matter and is not governed by the rideshare company’s terms. Reading the terms that applied on the date of the trip is part of the first review.

How long do I have after a rideshare crash in Kern County?

Code of Civil Procedure section 335.1 generally gives two years from the injury to file a personal injury lawsuit. A claim against a public entity, such as a county vehicle, has a much shorter first step: a written claim within six months under Government Code section 911.2. The rideshare company’s electronic records are easier to secure early, so waiting close to either deadline is risky even though the law allows it. Rideshare drivers with occupational accident benefits under Business and Professions Code section 7455 have their own claim steps as well.

I drive for both Uber and Lyft. Which company covers me if I crash in Bakersfield?

It depends on what each app showed at the moment of the crash, and the law does not answer every combination. For injuries to other people, Public Utilities Code section 5433 sets each company’s required coverage by the driver’s status in that company’s app. An accepted ride triggers the $1,000,000 level. Being logged on and waiting triggers lower limits. The code does not say which company’s policy comes first when one app shows an accepted ride and the other shows you available. For your own injuries, Prop 22 is more specific. Business and Professions Code section 7455 says a company need not cover a crash that happened while you were only available on its app and engaged on another platform. Screenshot both apps’ trip histories for that day before anything changes.

Does Prop 22 accident coverage pay if the crash was my fault?

The statute does not make fault a condition. Business and Professions Code section 7455 requires occupational accident insurance for injuries suffered while the driver is online with the app. It covers medical expenses up to at least $1,000,000 and disability pay of 66 percent of average weekly earnings for up to 104 weeks. Nothing in that section limits the benefits to crashes caused by someone else. The limits are about timing. A company does not have to cover an accident while the driver is doing personal activities, or while the driver is engaged on a different company’s platform. A Kern County driver who rear-ends someone on Rosedale Highway between requests may still qualify. The claim goes through the company’s occupational accident insurer, and its policy terms control the details.

Can I claim against the driver who hit me and still collect Prop 22 benefits?

Yes, the two can run side by side. Prop 22 benefits come from the rideshare company’s occupational accident insurer. A claim against the at-fault driver goes to that driver’s liability carrier and can include losses the Prop 22 policy does not pay, such as pain and suffering. If the other driver had no insurance, the picture changes. The $60,000 uninsured motorist coverage that section 5433 requires applies only while a passenger is in your car. Driving alone between rides, you may need to rely on your own policy. Section 7455 also says Prop 22 benefits count as workers’ compensation or disability payments when your own uninsured motorist benefits are calculated, which can reduce that payment.

Is a rideshare driver in California an employee who can get workers’ comp?

Usually not. Business and Professions Code section 7451, added by Prop 22, says an app-based driver is an independent contractor, not an employee, when the company meets four conditions. It cannot set the driver’s hours or force the driver to accept a particular request. It also cannot bar work through other apps outside engaged time or block other lawful work. The California Supreme Court upheld that part of Prop 22 in Castellanos v. State of California in July 2024. In place of workers’ compensation, section 7455 requires the occupational accident and accidental death coverage described on this page. Whether a particular company met all four conditions for a particular driver is a separate factual question.

Does my personal car insurance cover me between rides?

Probably not, unless you added rideshare coverage. Public Utilities Code section 5434 says a personal auto policy does not provide coverage from the time you log on to a rideshare app until you log off, unless the policy expressly includes that use or carries an endorsement for it. Section 5432 also requires the company to tell drivers in writing that a personal policy will not pay for collision or other physical damage to the car while logged on. That matters for repairs. If your car is damaged on Panama Lane while you wait for a request, the company’s required coverage protects other people, not necessarily your own vehicle. With every app fully off, your personal policy applies the normal way. Read your declarations page for a rideshare or TNC endorsement.

I crashed while driving rideshare on SR-99 or SR-58 in Kern County. Who takes the report?

On those freeways the California Highway Patrol handles it. The CHP Bakersfield Area office at 9855 Compagnoni Street covers State Route 99, State Route 58 and unincorporated communities such as Lamont, Pumpkin Center and Glennville. Its phone number is (661) 396-6600. Tell the officer you were driving for a rideshare app and whether a passenger was aboard, so it is recorded. You also have reporting duties of your own. Vehicle Code section 16000 requires a driver in a crash with injury, death or more than $1,000 in property damage to report it to the DMV within 10 days. Report the crash through each app you had open as well. Those in-app reports become part of the trip record.

About the Author

Michael Saeedian, Esq., Founding Attorney, Saeedian Law Group (California State Bar #265470). Michael founded Saeedian Law Group in 2009 and has spent more than 16 years representing injured Californians and their families in personal injury and wrongful death matters, including rideshare and TNC cases.

Legal disclaimer: This page provides general information about California rideshare accident law and does not constitute legal advice. Every case is different; past results do not guarantee future outcomes. Reading this page does not create an attorney-client relationship with Saeedian Law Group. For advice specific to your situation, contact our office at (310) 288-3000 or schedule a free consultation.