After an Uber crash, most people want the same things: medical care, their bills covered, and a clear answer about who caused it. The problem is that fault in an Uber accident often takes more work to sort out than a typical car wreck in Los Angeles or Encino. There may be multiple drivers involved, the Uber driver’s work status can change minute by minute, and more than one insurance company may try to point fingers.
We also have to remember how California handles shared blame. Under comparative negligence, fault can be split, and the percentage matters because it can reduce what you recover. On top of that, rideshare insurance depends on what the Uber driver was doing in the app at the exact moment of impact (waiting for a request, heading to pick someone up, or transporting a passenger). Getting those details right early helps protect your claim.
Start with safety and reporting, because early steps shape fault
Right after a crash, we’re not “building a case.” We’re trying to stay safe, get help, and protect the proof that later decides fault. Think of it like taking a photo before the wind blows the scene away.
If anyone is hurt, calling 911 comes first. Adrenaline can hide injuries, especially neck and back pain, concussions, and soft tissue strains. Same-day medical care helps your health, and it also creates a clean timeline that connects the crash to your symptoms.
When officers respond, we want a report. A police report doesn’t automatically “decide” fault, but it often records details that insurers rely on: driver statements, witness names, diagrams, citations, and road conditions. If you can, take your own photos and short video too. Capture vehicle positions, damage, traffic lights, street signs, skid marks, debris, and any visible injuries.
We should also report the crash to Uber through the app. Keep it simple and factual, and save the confirmation. Screenshots of the trip page, driver profile, route, and timestamps can later help prove which rideshare insurance layer applies.
California has another deadline people miss: DMV reporting. Under California Vehicle Code 16000, we must file a DMV SR-1 within 10 days when a crash involves injury or death, or when property damage is over $1,000. This is separate from a police report.
Finally, we usually tell clients to notify their own auto insurer too, even if the Uber driver or another driver caused the crash. Many policies require prompt notice. We can report without guessing fault.
For a practical checklist that fits rideshare crashes in Los Angeles, we recommend reading Steps after a rideshare crash in Los Angeles.
When should we call the police in an Uber accident in Los Angeles?
We should call police when:
- Anyone is injured, even if it seems minor
- There’s a hit-and-run, suspected DUI, or unsafe road scene
- The crash is blocking traffic or feels dangerous
- There’s major vehicle damage, or drivers are arguing about what happened
A report helps because it creates an official record while memories are fresh. It can also document whether someone ran a red light, was distracted, or seemed impaired.
Before officers leave, try to collect:
- The report number (or incident number)
- The officer’s name and badge number
- The agency (LAPD, CHP, LASD)
- Where and how to request the final report
Common mistakes that can make us look at fault
Insurance companies search for anything that supports a blame shift. These common mistakes can hurt fault arguments or reduce damages:
Apologizing or speculating: Saying “I’m sorry” or “I didn’t see you” can be twisted into an admission, even if you meant it politely.
Posting online: A casual photo, a joke, or “I’m fine” on social media can be used to argue your injuries aren’t real.
Delaying treatment: Gaps in care give insurers room to claim you weren’t hurt, or something else caused your pain.
Giving a recorded statement too early: Adjusters ask questions that sound harmless, then use small slips to argue you share fault.
Signing releases: Medical authorizations or early settlement paperwork can open the door to fishing through your history, or locking you into a low number.
If you’re unsure what to do in the first week, we can walk you through it, step by step, before small choices turn into big problems.
How fault is decided in an Uber accident under California law
In California, fault usually comes down to negligence. In plain English, negligence means someone didn’t use reasonable care, and it caused harm. Most fault decisions track four points:
Duty: Drivers have a duty to drive safely and follow traffic laws.
Breach: Someone breaks that duty, like running a red light or following too closely.
Causation: The unsafe act caused the crash.
Damages: The crash caused losses, like medical bills, missed work, and pain.
Investigators and insurers use real-world facts to fill in those blanks. They look at right-of-way rules, lane positions, signal timing, speed clues, and whether a driver was distracted. In Los Angeles, we often see disputes at busy corridors where drivers rush, block intersections, or make sudden turns (places like Sepulveda Boulevard near Ventura Boulevard can feel chaotic on a normal day).
California is also a fault-based state, not a true no-fault system. If you want a clear explanation of how fault works here, see Guide to fault-based car crash claims in Los Angeles.
Fault can also be shared. An Uber driver might be partly responsible, while another motorist also made a bad move. In some cases, road conditions or a vehicle issue plays a role.
What evidence actually proves who caused the crash
The strongest cases aren’t built on opinions. They’re built on proof that holds up when an adjuster pushes back.
High-value evidence often includes:
Photos and video: Damage, vehicle positions, traffic signals, signage, and road conditions.
Witness information: Neutral witnesses can make a disputed lane change or red light case much clearer.
Police report: Helpful for diagrams, party statements, and citations.
Medical records: These connect the crash to your injuries and show the effect on your daily life.
Vehicle damage patterns: Impact points can support how the crash happened.
Skid marks and debris: These can show braking, direction, and point of impact.
Traffic camera or nearby business footage: This disappears fast, so we try to act quickly.
Uber ride history and app status: Screenshots and trip receipts help prove what “phase” the ride was in.
Vehicle data (event data recorders): Some vehicles store speed and braking data that can support your version of events.
The clock matters. Camera footage can be recorded over in days. App data can be harder to obtain later. The earlier we act, the better.
How comparative negligence changes our payout
California’s comparative negligence rule means we can still recover compensation even if we share some blame. The catch is that the final number is reduced by our percentage of fault.
Example: if damages total $100,000 and you’re found 20% at fault, the recovery is reduced by 20%, so you could recover $80,000.
This is why we don’t want to assume fault at the scene. Fault decisions should be based on evidence, not stress, guilt, or an insurance company’s first story.
Uber’s insurance phases, and why the driver’s app status matters for fault and coverage
Uber accidents come with an extra layer of questions that don’t exist in many standard crashes. The biggest one is timing: what was the driver doing in the app at the moment of impact?
Rideshare insurance is often “tiered,” meaning different coverage can apply depending on whether the driver:
- Had the app off (personal driving)
- Had the app on and was waiting for a request
- Accepted a trip and was driving to pick someone up
- Had a passenger in the vehicle
Why does this matter? Because it changes which insurer we deal with first, and it can change whether Uber’s commercial policy is involved. It can also slow the claim down. Sometimes insurers argue about priority, and the injured person gets stuck in the middle while bills pile up.
We handle this by locking down the timeline early. Trip receipts, app screenshots, and communications with Uber can help confirm status. If you want Uber-specific help in Encino and Los Angeles, start here: Experienced Uber accident attorney in Encino.
Who can be liable in an Uber accident in Encino or Los Angeles?
Liability can fall on one party or several, depending on the facts:
The Uber driver: Speeding, distraction, unsafe lane changes, or failing to yield.
Another driver: Many Uber passengers are injured when a third party causes the crash.
Multiple drivers: Chain reactions and freeway collisions often split fault.
A government entity: If a dangerous road condition, missing signage, or poor maintenance played a part, a city or agency might be involved (with special claim deadlines).
A vehicle manufacturer: Less common, but possible if a defect contributed.
Uber drivers are often treated as independent contractors, which can affect legal arguments about company responsibility. Worker classification rules like AB5 can also show up in rideshare disputes, depending on the situation.
What to say (and not say) to insurance adjusters and Uber
We can be polite without giving away our case. Here’s a simple script that keeps things safe:
What we can say:
- “The crash happened at [time] at [location].”
- “I was in an Uber (or hit by an Uber).”
- “I’m getting medical care.”
- “I’m not ready to give a recorded statement.”
- “Please email me the claim number and your contact info.”
What we should not say:
- Don’t guess speed, distance, or who “had time”
- Don’t say “I’m fine” if we’re still in pain or awaiting evaluation
- Don’t give opinions about fault
- Don’t sign releases without legal review
Adjusters are trained to reduce payouts. Our job is to keep your words from becoming their best evidence.
How we build a strong fault case, and when hiring a lawyer is worth it
Some rideshare claims are manageable without a lawyer, like a minor bump with no injury and clear fault. But when there are injuries, disputed fault, or multiple insurance layers, strong representation can change the outcome.
In a typical Uber injury case, we work to:
- Gather police reports, medical records, and witness statements
- Preserve video footage before it’s erased
- Secure rideshare app data and trip timing
- Review vehicle damage and injury patterns for consistency
- Bring in experts when needed (accident reconstruction, medical support, wage loss support)
- Present a clear fault story in settlement talks, or in court if necessary
Case value usually rises or falls based on what we can prove about:
- Medical treatment and future care
- Time missed from work and reduced earning ability
- Pain, stress, and loss of enjoyment of life (non-economic damages)
- How much fault is assigned to each party
Deadlines matter. In California, most personal injury lawsuits must be filed within two years of the crash. If a government agency may be responsible, we often have only six months to start the government claim process. Property damage claims often have a longer timeline (commonly three years), but we don’t like waiting when evidence fades.
Our clients also benefit from a hands-on, concierge-style process and direct access to their lawyer. You can see how we support people from day one on Our approach to personal injury cases.
Realistic settlement factors, and why online calculators miss the mark
Online calculators don’t see the things that actually drive settlement results. These are some of the big ones we watch:
Comparative fault: Even a 10% shift can mean thousands less.
Policy layers and delays: Rideshare cases can move slower when insurers argue about who’s primary.
Treatment gaps: Missed appointments and long breaks often reduce value.
Pre-existing conditions: They don’t bar recovery, but they require clean medical proof.
Permanent limits: Ongoing pain, surgery, and lasting restrictions change the range.
Credibility and documentation: Consistent records tend to produce stronger offers.
A quick example: Two people get rear-ended in Encino. Both report neck pain. One gets checked the same day, follows care, and has imaging that matches symptoms. The other waits three weeks and posts gym photos. The crash may look similar, but the proof looks very different, and insurers pay based on proof.
FAQs about determining fault in an Uber accident
Can passengers be found at fault in an Uber accident?
Usually passengers aren’t blamed, but it can happen in rare cases (for example, grabbing the wheel or distracting the driver in a serious way).
Can we recover if the Uber driver was not at fault?
Yes. If another driver caused the crash, we can pursue that driver’s insurance, and other coverage may apply depending on the rideshare phase.
What if we were not wearing a seat belt?
It may reduce compensation if injuries are worse because of it, but it doesn’t erase the case. Fault for the crash is still separate from seat belt use.
What if the crash involved a city bus or bad road conditions?
Government or public entity claims can apply, and deadlines are shorter. We also look for maintenance records, camera footage, and prior complaints.
How long do we have to file after an Uber accident in California?
Most injury claims have a two-year statute of limitations. Government-related cases can require action within six months.
Should we accept the first settlement offer?
Not without a full review of medical needs, future care, lost income, and fault arguments. Early offers often ignore what shows up later.
Do we need to report the crash to the DMV?
Yes, when there’s injury, death, or property damage over $1,000, we must file the SR-1 within 10 days.
What evidence from the Uber app helps most?
Trip receipt, timestamps, route map, driver profile, and any in-app messages. These help prove ride phase and timing.
Conclusion
Determining fault in an Uber accident comes down to facts, proof, and timing. In Los Angeles and Encino, rideshare crashes add an extra question that can change everything: what was the Uber driver’s app status at the moment of impact? When we act early, get medical care, report correctly, and save evidence, we put ourselves in a stronger position to show what happened and why.
If you were hurt, we’re here to review the crash, explain the insurance layers, and pursue full compensation while protecting you from blame-shifting tactics. You’ll have direct lawyer communication, concierge support, and no fee unless we win.