At West Coast Uber & Lyft Accident Lawyers, we’ve worked with countless clients who’ve been hurt or mistreated during an Uber or Lyft ride—and one question keeps coming up:
Can I sue for punitive damages? The short answer? Yes, you can—but only in certain situations.
Punitive damages aren’t like other kinds of compensation. They’re not about paying your medical bills or covering your lost wages. They’re meant to send a message—to punish someone for really bad behavior and to make sure it doesn’t happen again.
Let’s break down when these damages might apply in a rideshare case and how California law handles them.
What Are Punitive Damages?
In California, punitive damages (also called “exemplary damages”) are governed by Civil Code § 3294. They’re awarded in rare cases—only when the at-fault party’s behavior goes beyond simple negligence and rises to the level of malice, oppression, or fraud.
In plain English, here’s what that means:
- Malice = doing something dangerous on purpose or acting with total disregard for someone’s safety.
- Oppression = treating someone unfairly or cruelly, especially when you know it’s wrong.
- Fraud = lying or hiding information in a way that ends up hurting someone.
So if an Uber driver accidentally runs a red light and causes a minor accident? Probably not enough for punitive damages. But if that same driver was drunk, driving recklessly, and ignored multiple prior warnings from Uber? Now we’re talking.
Real Scenarios Where Punitive Damages Might Be on the Table
We see these types of situations in our office more often than you’d think. Here are a few common examples that could qualify:
1. A Driver Operating Under the Influence
Let’s say your driver was drunk or high during your ride. That’s not just dangerous—it’s outright illegal and shows a complete disregard for your safety. In California, courts take DUI cases seriously, especially when there’s a victim involved. If you’re hurt because your Uber driver chose to drink and drive, punitive damages might apply.
2. Physical or Sexual Assault
We’ve represented clients who were victims of harassment or assault during rideshare trips. These are some of the most serious and traumatic cases we handle. If your driver acted aggressively or inappropriately, and Uber or Lyft failed to take previous complaints seriously, there’s a strong argument for punitive damages. In these cases, it’s not just about the driver—it’s about the company that looked the other way.
3. A Pattern of Dangerous Driving That Was Ignored
If a driver has a history of speeding, running red lights, or crashing, and Uber/Lyft kept them on the road, they could both be held accountable. We’ve seen cases where a little digging reveals multiple complaints about a driver that the company just didn’t act on. That kind of corporate negligence can trigger punitive damages.
Can You Sue Uber or Lyft Directly?
Uber and Lyft love to call their drivers “independent contractors,” which lets them dodge a lot of direct responsibility. But California’s legal landscape has been shifting, especially since Assembly Bill 5 (AB5) took effect, tightening the rules on gig worker classification.
What that means for you: if you were seriously injured or assaulted, and there’s proof the company was negligent (for example, they didn’t follow up on previous red flags), then yes—you can pursue them for damages, including punitive.
We’ve built strong cases by showing how Uber or Lyft failed to protect their passengers. It takes detailed investigation, but with the right team, it’s absolutely possible.
How Insurance Factors Into This
Both Uber and Lyft claim they offer up to $1 million in liability coverage when a driver is on a trip. Sounds impressive, right? Here’s the catch: insurance doesn’t usually cover punitive damages.
Insurers are there to pay for accidents, not to cover someone who acted maliciously or recklessly. So if you win punitive damages in court, there’s a good chance the company or driver will need to pay that portion out of pocket. That’s one reason why rideshare companies fight hard to avoid these kinds of awards.
If your case is strong, though, and you have a solid legal team, we can go after Uber or Lyft’s assets directly, not just their insurance.
What You Should Do If You’re Considering a Claim
If you’re even thinking about filing a lawsuit, here’s what you need to do—right now:
- Document everything: Take screenshots of your trip, save messages, take photos of injuries, and write down everything you remember. Details matter.
- Report the incident to Uber or Lyft: Yes, they’ll try to keep things quiet, but make a formal complaint through the app and ask for a copy.
- Get medical help: Even if you don’t feel hurt right away, some injuries take time to show up. Your medical records will be critical later.
- Call a rideshare lawyer: And not just any lawyer. You need someone who knows Uber and Lyft cases inside and out, and understands how punitive damages work in California courts.
That’s where our attorneys come in. This is what we do, and we’re on your side from the first phone call.
So, Is It Worth Pursuing Punitive Damages?
Honestly? If your case involves serious misconduct, repeated negligence, or traumatic harm, then yes—it’s worth exploring. Not every case will qualify, and courts are cautious about awarding punitive damages. But when they’re appropriate, they can lead to life-changing outcomes for the victim and put serious pressure on these billion-dollar companies to do better.
You’re not just suing for yourself—you’re standing up for every rider who expects to feel safe during their trip.
Need Help? We’re Here for You
At West Coast Uber & Lyft Accident Lawyers, we’ve seen firsthand how rideshare negligence can flip someone’s life upside down. Whether you were injured in a crash or endured something much worse, we want to hear your story—and we’ll tell you honestly what your options are.
Call us today at (213)-465-8682 or fill out this online form for a free consultation.