Prop 22 vs. Passenger Rights: What Bakersfield Riders Need to Know

If you ride Uber around Bakersfield—Highway 99, the 58, Truxtun, Ming, Oswell—you’ve probably heard about Prop 22 and wondered what it means if you get hurt in a crash. The short version: Prop 22 mostly affects drivers’ employment status, not passengers’ ability to be compensated. California still requires strong rideshare insurance while a trip is active, and that’s where most injured riders get paid. A focused Bakersfield Uber accident lawyer can make the coverage stack work for you—fast.

First, what Prop 22 actually changed (and didn’t)

Prop 22 lets app-based drivers be treated as independent contractors rather than employees. In 2024, the California Supreme Court upheld Prop 22, so that framework is still the law in California.

But Prop 22 didn’t rewrite passenger compensation. California’s rideshare (TNC) rules still require commercial liability and, during an active ride, $1,000,000 in UM/UIM coverage (uninsured/underinsured motorist) for injuries to riders when a third party is at fault. That insurance is separate from a driver’s employment status and continues to protect passengers.

Prop 22 did add occupational accident coverage for drivers (medical up to specified limits and some disability benefits), which is mainly about the driver’s injuries—not the passenger’s.

What this means for injured Bakersfield passengers

When you’re hurt as a rider, the key is which “period” the app was in at the moment of the crash:

App OFF (driver not online): This is just like any regular auto crash. Claims go through the at-fault driver’s personal auto policy.
Online & Waiting (no ride accepted yet): A lower statutory rideshare layer may apply in addition to the driver’s personal coverage.
Ride Accepted / Passenger Onboard: The $1,000,000 commercial liability policy is typically primary, and passengers also benefit from $1,000,000 UM/UIM if a third party caused the wreck but lacks adequate insurance.

An experienced Bakersfield Uber accident attorney will pull trip logs and timestamps immediately so the correct policy pays without weeks of finger-pointing.

Who pays—and in what order?

At-fault driver’s liability insurance (first stop when a non-Uber driver caused it).
Rideshare commercial liability (if the Uber driver caused it during an active trip).
Rideshare UM/UIM (protects passengers when a hit-and-run or low-limit driver caused the impact during an active trip).
Your own MedPay or health insurance (to keep treatment moving now while fault is sorted out).

Your Uber accident lawyer in Bakersfield will stack these coverages so bills are paid and you’re not stuck waiting.

“Can I sue Uber itself?”

Sometimes, but you often don’t need to. Many rider claims resolve fully through the required TNC insurance without naming the company. In select cases—e.g., negligent driver screening or hazardous pickup policies—your lawyer may add direct-negligence claims against Uber. Prop 22 doesn’t erase all theories of company responsibility, and it doesn’t control every aspect of vicarious liability in injury cases—facts matter.

What Prop 22 doesn’t change about your claim

Your right to pursue full damages (medical bills, lost income, pain and suffering) from the responsible parties.
California’s required rideshare insurance during active trips, including the $1M UM/UIM safety net for passengers.
Comparative negligence rules: if blame is shared, your recovery is reduced by your percentage—but you can still recover the rest.

Kern County realities: how crashes actually get proven

Bakersfield pileups often happen fast—lane drops on the 58, sudden slowdowns near construction, or cut-ins off freeway ramps. Insurers pay attention to proof, not just stories. Your Bakersfield Uber accident lawyer will:

Lock down video (storefronts, buses, residences, dashcams) before it’s overwritten.
Grab trip/app data to establish app status and timing.
Download vehicle data (braking, speed, throttle) when available.
Build medical credibility with objective findings (ROM limits, spasm, neuro signs), consistent notes, and outcome measures—so your pain is more than a number.

Avoid these claim-killing mistakes

Waiting to see a doctor. Get evaluated within 24–72 hours; many injuries (concussion, neck/back) bloom overnight.
Recorded statements too soon. Basic notice is fine—but let your lawyer handle Q&A.
Assuming the $1M automatically applies. It depends on app status; we prove it with data.
Ignoring your own UM/UIM or MedPay. These can bridge gaps and speed care.
Social media highlights. “I’m fine!” posts get used against you; keep recovery offline.

Bakersfield passenger FAQs

Does Prop 22 reduce what I can collect as a passenger?
No. Prop 22 addresses driver classification. Passenger compensation flows from TNC insurance requirements and fault—those protections still apply.

What if a hit-and-run caused my injuries while I was a rider?
During an active trip, rideshare UM/UIM is designed for exactly that problem—your lawyer will invoke it.

Do I have to go to court?
Not usually. Many cases settle once your medical picture stabilizes and the coverage stack is clear. If carriers stall, filing suit (or arbitration, if applicable) adds structure and deadlines.

What if I’m a driver hurt by a passenger or third party?
That’s where Prop 22’s occupational accident benefits for drivers can come into play, alongside third-party claims—very different from passengers’ rights. Talk to a lawyer about how those benefits interact.

What to do after an Uber crash in Bakersfield

Call 911 and get checked—then follow up with your doctor.
Screenshot trip details (driver, plate, route, timestamps) and report it in the app to create an incident record.
Photograph the scene (lanes, signals, damage, injuries) and look for nearby cameras.
Collect witness contacts and one-sentence summaries while memory is fresh.
Call a Bakersfield Uber accident lawyer before any recorded interviews.

Talk to a Bakersfield Uber Accident Lawyer

Prop 22 didn’t take away your rights as a passenger—it made the coverage map more technical. Bojat Law Group gets the app status, video, and medical proof lined up so the right insurer pays the full value of your claim. Speak with a Bakersfield Uber accident attorney today and get a clear plan for your recovery.

Free consultation. No Win No Fee. Call (818) 877-4878 or contact Bojat Law Group now.