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Uber, UberEats, Postmates & Drizly Injury Claims: California Law, Liability Rules, and Your Rights

Rideshare and delivery services like Uber, UberEats, Postmates, and Drizly operate across California, placing thousands of vehicles on the road every day. With this surge comes an increase in car accidents, pedestrian injuries, bicycle collisions, delivery driver crashes, assaults, and sexual assaults.

These companies follow special insurance rules and legal standards that differ from ordinary car accident cases. Injured passengers, pedestrians, drivers, and delivery workers have enhanced protection under California law.

At Bakh Law Group (BLG), we handle complex cases involving rideshare and delivery companies, ensuring victims receive full compensation through every available policy and legal theory.

Special Liability & Insurance Rules for Uber, UberEats, Postmates & Drizly

These companies all fall under California’s Network Company rules, overseen by the California Public Utilities Commission (CPUC) and governed by special insurance structures.

Even though drivers are classified as independent contractors under Proposition 22, California law still requires these companies to maintain high insurance limits whenever a driver is active on the app.

A. Period 1 – App On, No Ride Accepted

When the driver is online but hasn’t accepted a trip:

  • $50,000 per person
  • $100,000 per accident
  • $30,000 property damage
  • Uber provides contingent collision & comprehensive
  • If the driver has personal insurance, both may apply

B. Period 2 – Ride Accepted / En Route to Pickup

Once the driver accepts a ride or delivery:

  • $1,000,000 in liability coverage
  • $1,000,000 uninsured/underinsured motorist (UM/UIM)
  • Contingent collision coverage (deductible applies)

C. Period 3 – Passenger/DoorDash/Delivery in Vehicle

Same as Period 2:

  • $1,000,000 liability
  • $1,000,000 UM/UIM
  • Coverage applies to car accidents, injuries, and in many situations criminal attacks by third parties if caused by driver negligence or company failure to protect.

D. Delivery Services (UberEats/Postmates/Drizly)

Even without a paying passenger in the car, once a delivery is accepted:

✔ Full commercial policy applies
✔ Injuries to pedestrians, bicyclists, motorists, or other drivers may be covered
✔ Alcohol delivery (Drizly) adds additional potential negligence due to handling and distribution of alcohol

Companies Covered Under These Rules

Uber Technologies, Inc.

  • UberX
  • UberXL
  • Uber Black
  • Uber Comfort
  • UberPool (when active)
  • Uber WAV
  • UberEats (food delivery)

Postmates (Owned by Uber)

  • Food & retail delivery
  • Must adhere to same liability insurance structure while performing deliveries

Drizly (Owned by Uber)

  • Alcohol delivery
  • Often involves negligence claims for improperly trained delivery drivers handling controlled substances
  • Higher likelihood of nighttime crashes, DUI-related collisions, and improper delivery procedures

All three platforms fall under Uber’s corporate umbrella, but each service has distinct risk factors and legal nuances

Common Types of Injuries and Incidents Involving Uber/UberEats/Postmates/Drizly

1. Rideshare Car Accidents

Including:

  • Rear-end collisions
  • T-bone crashes
  • High-speed freeway accidents
  • Delivery drivers rushing between orders
  • Improper U-turns or illegal stops
  • Distracted driving (navigating app, using GPS)

Passengers, pedestrians, other drivers, and bicyclists are protected under Uber’s $1M policy.

2. Pedestrian & Bicycle Injuries

These occur frequently when:

  • Drivers stop in bike lanes
  • Delivery drivers rush to meet deadlines
  • Cars stop in red zones
  • Drivers fail to yield at crosswalks
  • Sidewalk riding or wrong-way riding occurs (delivery bike/moto/e-bike)

Uber and Postmates delivery drivers on eBikes, scooters, or motorcycles may also cause injuries.

3. Assaults & Sexual Assaults

Unfortunately, rideshare companies have documented incidents involving:

  • Driver assaults on passengers
  • Sexual harassment or touching
  • Kidnapping-type behaviors
  • Intoxicated or impaired drivers
  • Violence by third parties due to Uber’s failure to screen or warn

Uber’s own published Safety Report details thousands of recorded incidents nationwide.

Civil claims may be brought for:

  • Negligent hiring
  • Negligent supervision
  • Negligent retention
  • Negligent security
  • Negligent failure to warn

Victims may be entitled to significant compensation for emotional distress, PTSD, and therapy.

4. Delivery Driver Injuries

UberEats/Postmates/Drizly drivers injured on the job may have:

  • Personal injury claims against third-party drivers
  • Possible Prop 22 benefits
  • UM/UIM claims
  • Negligence claims for unsafe apartment complexes or restaurants

5. Wrongful Death

Fatal accidents involving rideshare or delivery drivers may occur through:

  • High-speed collisions
  • Pedestrian fatalities
  • DUI crashes
  • Nighttime visibility issues
  • Highway accidents
  • Assaults
  • Commercial-zone crashes

Families may pursue wrongful death damages and survival actions.

Legal Theories That Apply to Uber/UberEats/Postmates/Drizly Cases

Depending on the injury, BLG may pursue claims under:

1. Negligence (CACI 400, 401)

Driver failed to use reasonable care.

2. Negligent Hiring / Supervision (CACI 426, 427)

Uber may be liable for failing to screen drivers with:

  • Criminal history
  • Prior sexual misconduct
  • DUIs
  • Repeated safety violations

3. Vicarious Liability

Even though drivers are contractors under Prop 22, courts may still impose liability under certain circumstances.

4. Premises Liability

If injured entering/exiting a building for delivery.

5. Product Liability

If injury caused by defective Uber Bike/Scooter equipment.

6. Negligent Security

Especially for assaults, robberies, or attacks involving unsafe pickup zones.

Evidence BLG Uses to Prove Uber/Delivery Liability

We gather and preserve:

  • App trip data
  • Driver history & background checks
  • GPS logs
  • Speed data
  • Corporate safety violations
  • Dashcam footage
  • Cell phone records
  • Internal incident reports
  • Customer complaints
  • Prior safety reports
  • 911 calls
  • Restaurant logs (for delivery cases)

Uber’s data is crucial and often must be subpoenaed.

Damages Available

Victims may recover:

  • Medical bills
  • Future medical care
  • Therapy (for assault cases)
  • Pain and suffering
  • Emotional distress
  • Lost wages
  • Loss of earning capacity
  • Scarring or disfigurement
  • PTSD & psychological harm
  • Wrongful death damages

Delivery-driver rush culture and Uber’s internal safety policies often worsen liability.

Frequently Asked Questions (FAQs)
Should I speak to Uber directly?

No—always let your attorney handle communication.

What if the driver lied about the trip status?

BLG obtains the digital logs to prove coverage.

Does Uber settle these cases quietly?

Often—they do not want publicity.

Will Uber deactivate the driver?

Often yes, but it does not affect your right to compensation.

Should I report the incident through the app?

Yes, but also contact BLG—app reports are not enough.

What if the driver was using the app during the crash?

Distracted driving strengthens liability.

What if the driver was speeding?

Covered under negligence.

What if I was assaulted by another passenger?

Potential negligent failure to protect.

What if my child was injured?

Parents can file on behalf of the minor.

What if I was forced into a car or unsafe situation?

This may be negligent security.

Can I claim emotional distress without physical injury?

Yes—especially in assault or kidnapping-type cases.

What if the crash happened on private property?

Coverage still applies.

What if the driver fled the scene?

UM/UIM applies under Uber’s policy.

How long do I have to file a claim?

Generally 2 years (special cases vary).

Does Uber have to release the driver’s history?

Yes, through legal requests.

What if Uber denies liability?

BLG disputes and obtains corporate records.

What damages can I recover?

Medical bills, lost wages, pain and suffering, therapy, and more.

What if the delivery driver was intoxicated?

Company negligence may increase case value..

What if I was hit by a Drizly driver delivering alcohol?

Uber’s commercial policy applies.

Does Uber cover eBike or scooter incidents?

Varies by city; BLG evaluates case-specific coverage.

What if I was a pedestrian hit by UberEats?

Uber’s delivery insurance applies.

What if I was sexually assaulted?

Uber may be liable for negligent hiring or security failures.

What if the driver assaulted me?

You may have a civil claim plus a criminal case.

How do I know which “period” the driver was in?

BLG obtains app data from Uber.

Can I sue Uber directly?

Yes, depending on negligent hiring, supervision, or failure to protect.

What if both drivers were at fault?

California comparative negligence lets you still recover.

What if the Uber driver was “offline”?

Personal auto insurance applies, unless disputed.

What if I was hit by a delivery driver?

Commercial insurance applies once the driver accepted the delivery.

Does Uber insurance apply if I’m a passenger?

Yes—$1,000,000 coverage applies.

What should I do immediately after an Uber accident?

Get medical care, gather screenshots, and contact a lawyer.

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At Bakh Law Group, we’ve handled thousands of personal injury and car accident cases throughout California. We understand the nuances of negligence law, insurance tactics, and the courtroom strategies that lead to successful outcomes.

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If you’ve been injured in a car accident anywhere in California, call Bakh Law Group, PC for a free consultation. We’ll review your case, explain your rights, and help you secure the compensation you deserve.

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