Driverless cars are part of daily traffic in San Francisco now, and they’re spreading down the Peninsula. When a ride goes wrong, the injured person is left with a question no one prepared them for: who do you file a claim against when nobody was driving? As a Daly City personal injury attorney, Joseph Chan hears versions of that question from pedestrians, cyclists, passengers, and drivers alike. The short answer: you have the same right to compensation as after any crash, but the claim works differently from an ordinary fender bender, and the first few days matter more than usual.
Who is liable when a driverless car hits you?
In most cases, the company running the robotaxi is the party you claim to be against. With no human behind the wheel, the company that operates the vehicle steps into the role a driver would normally fill, and its insurance or self-insurance answers for the harm.
There are two main legal routes. A negligence claim argues the vehicle did something a careful driver wouldn’t, such as rolling through a crosswalk or turning into a bike lane. A product liability claim argues the software or hardware was defective. Under California law, a manufacturer can be held strictly liable for a defective product, which means you don’t have to prove carelessness, only that the defect caused your injury.
A human driver who cut off the robotaxi may share the blame. California uses pure comparative negligence, so even if you were partly responsible, your recovery is reduced by your share of fault rather than barred.
If you were a passenger, read the ride app’s terms. Many include an arbitration clause that changes where your claim is heard.
How is a robotaxi claim different from a regular car accident claim?
The biggest difference is the evidence. A robotaxi records the crash from multiple cameras and sensors, so the question is less about whose story is believed and more about getting that data before it’s overwritten or explained away.
The paper trail is also different. Companies testing or deploying autonomous vehicles in California must report any collision involving injury or property damage to the DMV on Form OL 316 within 10 days, and the DMV publishes those reports. They can show how the company described your crash.
As of July 1, 2026, Assembly Bill 1777 lets police issue a notice of autonomous vehicle noncompliance when a driverless car breaks a traffic law, and the company must forward it to the DMV within 72 hours. If an officer issued one at your crash, it can support your claim the same way a ticket against a human driver would.
Expect the company’s claims team to have reviewed the footage long before you see it.
What evidence should I save after a robotaxi crash?
Save anything that shows where the robotaxi was, what it was doing, and how you were hurt. If you can do it safely, gather this before you leave the scene:
- Photos of the vehicle’s license plate and the fleet number printed on its body
- Wide photos showing lane positions, signals, crosswalks, and skid marks or debris
- Names and contact details for witnesses, including other robotaxi riders
- Locations of nearby business, home, or Muni cameras, since that footage is often erased within days
- Your ride receipt and trip screenshots, if you were a passenger
Call 911 so police come and create a report. Get checked by a doctor the same day, even if you feel fine; some injuries only show up the next morning.
If the company’s support team contacts you, you can share basic facts. Don’t give a recorded statement or sign anything until you’ve talked with a lawyer.
How long do I have to file a claim in California?
You generally have two years from the date of injury to file a personal injury lawsuit in California (Code of Civil Procedure section 335.1). If you were driving, you must also file an SR-1 report with the DMV within 10 days when anyone was hurt or damage tops $1,000. A claim involving a public vehicle, such as a Muni bus, has a much shorter six-month window.
When should I call a Daly City personal injury attorney?
Call as soon as you’ve seen a doctor. A lawyer can send a preservation letter asking the company to keep its camera and sensor data, which is hard to get back once it’s gone. At the Bay Area Injury Law Firm, you pay nothing unless we recover money for you, and our office speaks English, Spanish, Cantonese, and Burmese.
Hurt by a robotaxi? Get local help
A driverless car doesn’t leave you without someone to hold responsible. The company behind it answers for the crash, and the evidence is usually there if it’s preserved early. If you or someone in your family was hurt, talk with a Daly City Personal Injury Attorney at Bay Area Injury Law Firm. Joseph Chan will review what happened and tell you plainly where your claim stands.