San Diego · Practice Area

San Diego Rideshare Accident Lawyer

Khashayar Law Group represents passengers, drivers, pedestrians, and cyclists injured in Uber, Lyft, and other transportation network company (TNC) collisions throughout San Diego County. The firm handles rideshare cases under California Public Utilities Code §§5430–5443.5. Past results do not guarantee future outcomes.

Khashayar Law Group is a San Diego trial-focused personal injury firm representing clients in Uber and Lyft accident claims under California Public Utilities Code §5433 transportation network company (TNC) insurance rules. ABOTA-member trial attorney Daryoosh Khashayar leads the firm’s rideshare practice.

Rideshare Accidents in San Diego County

San Diego is a high-volume rideshare market. Uber and Lyft trips concentrate around the Gaslamp Quarter, Pacific Beach, North Park, Hillcrest, the San Diego International Airport, Petco Park, Snapdragon Stadium, and Mission Beach. Rideshare crashes here often involve out-of-state visitors, late-night driving, and complex insurance coverage questions that vary based on the driver’s app status at the moment of the crash.

California Public Utilities Code §5433 — The Three Rideshare Insurance Phases

California Public Utilities Code §5433 (part of the TNC framework at §§5430–5443.5) divides every rideshare driver’s coverage into three phases based on app status at the time of the crash:

  • Phase 1 — App on, no ride accepted. The driver’s personal auto insurance is generally primary up to its limits. Above those limits, the TNC’s contingent liability coverage applies up to $50,000 per person / $100,000 per incident / $30,000 property damage, plus excess coverage up to $200,000.
  • Phase 2 — Ride accepted, en route to pickup. The TNC’s commercial policy provides at least $1 million in third-party liability coverage.
  • Phase 3 — Passenger in vehicle. The TNC’s commercial policy provides at least $1 million in third-party liability plus first-party uninsured/underinsured motorist (UM/UIM) coverage at minimum $60,000 per person / $300,000 per incident.

Confirming the correct phase is often the first major dispute. App status data and trip-status records held by Uber or Lyft are central to that determination.

California Deadlines

  • CCP §335.1 — two-year statute of limitations for personal injury.
  • Government Code §911.2 — six-month written government claim if a public entity (e.g., the City of San Diego, MTS, or a public road condition) contributed.

Evidence to Preserve After a San Diego Rideshare Crash

  • Screenshot of the trip status, driver name, vehicle, and trip ID;
  • Trip receipt email or in-app trip history;
  • Police or California Highway Patrol traffic collision report;
  • Photographs of the scene, all vehicles, traffic signals, road conditions;
  • Witness names and contact information;
  • Medical records and bills;
  • Dashcam, doorbell, and nearby surveillance footage (often overwritten in days);
  • Communications with the TNC’s adjuster and the driver’s personal carrier.

Preservation letters to Uber, Lyft, and any third-party app data vendors should be sent early to lock in app-status logs.

Who May Be Liable in a San Diego Rideshare Accident

  • The rideshare driver — for negligent operation;
  • The TNC (Uber or Lyft) — depending on app status and facts; direct claims face significant defenses but TNC insurance applies under §5433;
  • Third-party drivers — if another non-TNC driver caused the crash;
  • A vehicle manufacturer — if a mechanical defect contributed;
  • A public entity — if a dangerous road condition or signal malfunction contributed (§911.2 deadline applies).

Why Khashayar Law Group for a San Diego Rideshare Claim

The firm has handled rideshare and TNC-related claims for years and prepares them with trial in mind. Across all personal injury matters, Khashayar Law Group has recovered more than $165 million for clients. See the firm’s rideshare accidents practice page and San Diego rideshare accident lawyer article for more detail. Daryoosh Khashayar is an ABOTA member — see his attorney bio.

Frequently Asked Questions — San Diego Rideshare Accident Lawyer

What insurance covers my Uber or Lyft accident in San Diego?

California Public Utilities Code §5433 sets three phases. Phase 1 (app on, no ride): driver’s personal insurance primary; TNC contingent coverage at $50K/$100K/$30K plus $200K excess. Phase 2 (en route to pickup): $1M TNC commercial coverage. Phase 3 (passenger aboard): $1M TNC commercial coverage plus $60K/$300K UM/UIM.

What if I was a passenger in an Uber or Lyft when it crashed in San Diego?

As a passenger, Phase 3 coverage applies under PUC §5433. That is $1 million in third-party liability plus $60,000 per person / $300,000 per incident in UM/UIM coverage. You do not need to prove which driver caused the crash to access UM/UIM benefits when fault is disputed.

Can I sue Uber or Lyft directly after a rideshare crash?

Direct claims against Uber or Lyft depend on the facts and legal theories available. The TNC’s insurance under PUC §§5430–5443.5 is usually the primary recovery path. Successful direct claims often involve unusual facts about driver vetting, app-design, or background-check failures.

How long do I have to file a rideshare accident lawsuit in California?

Two years from the date of injury under CCP §335.1 for personal injury. Six months under Government Code §911.2 if a public entity may be responsible. Evidence-preservation deadlines (app-status logs, dashcam, nearby surveillance) often require action within days.

How much does a San Diego rideshare accident attorney cost?

Khashayar Law Group works on contingency. No attorney fee unless we recover. Free initial consultation. Contingency fees are governed by California Business & Professions Code §6147.

Source note. California Public Utilities Code §§5430–5443.5 is the controlling state-law framework for TNC insurance. Coverage details summarized here reflect §5433 as currently in effect. California law can change; see the firm’s editorial policy. Past results do not guarantee future outcomes.

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