Written and reviewed by Josh Kohanim, Esq., California Bar No. 328609 · Published · Reviewed
Quick questions
Self-driving car cases
This page is for anyone hurt in California by a car driving itself: a robotaxi rider, a person walking or on a bike or motorcycle, another driver, or a family after a death. It covers who runs these cars and where, who may be responsible, the $5 million rule, the records and the deadlines. A human-driven Uber or Lyft crash belongs on our Uber accident page.
California counts a car as an autonomous vehicle only when its technology meets "Level 3, Level 4, or Level 5" of the SAE driving-automation standard. Systems that cannot drive "without the active control or monitoring of a human operator" are excluded (Vehicle Code section 38750(a)(2)). Tesla's own recall filing says that with its Level 2 Autosteer engaged, "the driver is the operator of the vehicle" (Part 573 report 23V-838).
NHTSA records that "Tesla characterizes FSD as an SAE Level 2 partial automation system requiring a fully attentive driver" (NHTSA PE25-012), and on December 16, 2025 the DMV found Tesla's "autopilot" marketing misleading (DMV). Either system makes a Tesla crash a driver-assist case, covered on our Tesla Autopilot and FSD crashes page.
We work through each self-driving car case in this order:
- What happened, from the police report, video and witnesses.
- Which company operated the car, and what permits it held that day.
- What records exist, and who holds them.
- Who may be responsible, and on what theory.
- Who pays, and under which coverage.
- What you or your family can do next, and by when.
Wise Personal Injury & Accident Law, APC is not affiliated with Waymo, Zoox, Tesla or any other company named on this page. The brand names identify the vehicles.
Robotaxi companies in California
Two state agencies decide what a driverless car may do. The DMV permits the car to drive itself, first with a safety driver, then without one, then in deployment. The CPUC decides whether a company may carry the public and charge: "Under the AV Passenger Service pilot programs, monetary compensation may not be charged for any rides in test AVs," while deployment participants "are authorized to charge fares" (CPUC).
| Company | DMV permits | CPUC authority | Public riders | Fares |
|---|---|---|---|---|
| Waymo LLC | Testing, driverless testing, deployment | All four programs | Bay Area, Los Angeles, San Diego (gradual) | Yes |
| Zoox, Inc. | Testing, driverless testing | Drivered and driverless pilots | San Francisco, from a waitlist | No, rides are free |
| Nuro, WeRide, Tensor | Testing, driverless testing; Nuro also deployment | Pilot permits | Pilot rides only | No |
| Tesla | Testing with a safety driver | No AV authority | Rides with a driver in the seat | Not an AV service |
| Cruise LLC | None; suspended Oct. 24, 2023 | None | None | No |
Sources: the DMV permit-holder page (testing list as of September 17, 2026; driverless testing list updated April 3, 2026; deployment list as of November 21, 2025) and the CPUC permits page, both checked October 5, 2026. The DMV lists 26 companies with permits to test with a safety driver, one of them named "TESLA ROBOTAXI LLC."
Tesla told the CPUC on January 30, 2026 that it "does not currently possess the requisite permits to operate autonomous rideshare vehicles in California" and that its rides use "a safety driver in the driver's seat" (Tesla filing). Cruise's DMV deployment and driverless testing permits were suspended on October 24, 2023 (DMV), and GM said on December 10, 2024 that it "will no longer fund Cruise's robotaxi development work" (GM).
CPUC quarterly data show the scale. Waymo reported 4,220,075 trips in its fared driverless program from April through June 2026, and Zoox reported 35,684 free driverless pilot trips (CPUC quarterly reports). Trip counts measure exposure, not safety.
Robotaxi service areas
An approved area is not a service area. In its January 2026 advice letter, Waymo told the CPUC that its approved driverless area covers parts of 18 counties, from Sonoma and Sacramento to San Diego (Waymo advice letter 0004). On August 14, 2026, the CPUC approved fared service there: "Waymo may begin fared driverless passenger service operations in the specified areas and with the Ojai vehicle platform, effective today" (CPUC disposition).
| Area | Approved for fares | Riders served today |
|---|---|---|
| San Francisco down the Peninsula to San Jose | Yes | Yes |
| Los Angeles, Santa Monica to Echo Park and Inglewood | Yes | Yes, but no LAX service |
| San Diego | Yes | Gradually adding riders since Sept. 1, 2026 |
| Sacramento | Yes | No; listed as Up Next |
| Oakland, Berkeley, Napa, Santa Rosa | Yes | No |
| Long Beach, Anaheim, Irvine, Thousand Oaks | Yes | No |
Sources: Waymo's San Francisco, Los Angeles, service areas and rides pages and its September 1, 2026 post on San Diego, checked October 5, 2026. The named cities come from Waymo's advice letter.
Access varies inside a served area. Waymo says "Freeway access is currently limited, so not all riders can take freeway trips yet" (Waymo). At SFO it picks up only at the Rental Car Center and the Grand Hyatt (Waymo). A Waymo rider must be 18 or older to ride alone in California (Waymo).
Zoox carries public riders only in San Francisco, from its Explorers waitlist, and says "Rides in San Francisco are free to start" (Zoox, November 18, 2025). Its DMV driverless testing covers Foster City and San Francisco at up to 45 mph, with no DMV deployment permit (DMV). Zoox riders "must be at least 8 years old, and the person hailing the ride must be 18 or over" (Zoox).
Our Los Angeles, San Francisco Bay Area and San Diego pages cover each area's police, courts and local records. Our Waymo accidents and Zoox accidents pages cover each company.
Four claim pathways
Where you were when the crash happened decides which rules apply, so each pathway has its own page.
Riding in the robotaxi
A rider's app terms usually send claims to private arbitration, a hearing before a paid neutral instead of a jury. Waymo's terms, last updated September 29, 2026, require individual arbitration before JAMS and allow an opt-out by email "within thirty (30) days of the date you first accepted a version of these Terms" (Waymo terms). Whether a robotaxi company owes riders the "utmost care" that Civil Code section 2100 demands of a carrier for reward is an open question in California. Our robotaxi passenger injuries page covers the rider's claim.
Walking, cycling or riding a motorcycle
A person outside the car never agreed to rider terms. The claim is usually negligence, meaning a failure to use reasonable care, against the company that operates the car. NHTSA treats pedestrians, wheelchair users, bicyclists and motorcyclists as "vulnerable road users," and a company must report a crash that strikes one within five days of learning of it (Federal Register, May 26, 2026). Our pedestrians, cyclists and motorcyclists page covers these claims.
Driving another car
A driver usually deals with the company's claims process and their own insurer. Waymo posts a collision line, 1-844-263-9885, an online collision form, and a QR code "on either front door of the vehicle." It warns that its car "may continue driving after a collision occurs to reach a safe spot to stop," and that a dome light signal shows the car is aware an event occurred (Waymo). Our Waymo insurance and claims page covers reporting, insurers and the car that drives away.
Family after a death
A wrongful death claim belongs to the heirs, and the California Supreme Court has held that wrongful death claimants "are not ordinarily bound by any arbitration agreement the decedent may have signed" (Holland v. Silverscreen Healthcare, August 14, 2025). A rider's terms may still reach the separate survival claim. Our wrongful death page and the deaths section of this page explain both claims after a fatal robotaxi crash.
Robotaxi claims compared
One crash can produce four different claims. This table compares them as of October 5, 2026.
| Issue | Robotaxi rider | On foot or bike | Driver of another car | Tesla on FSD |
|---|---|---|---|---|
| Duty owed | Possibly utmost care; untested | Ordinary care | Ordinary care | The driver's ordinary care |
| Who pays | The company; Waymo adds limited medical coverage | The company and its insurer | The company's insurer or your own | The Tesla driver's insurer first |
| Arbitration risk | High under rider terms | None, unless you hold an account (unsettled) | None, unless you hold an account (unsettled) | None from robotaxi terms |
| Key deadline | 2 years; Zoox notice within 1 year | 2 years; 6 months for a public agency | 2 years; 6 months for a public agency | 2 years |
| Key evidence | Trip receipt, app messages, interior video | Sensor record, video, nearby cameras | Plate, markings, federal crash report | Car data, saved clips, the driver's phone |
Sources: Civil Code section 2100 requires a carrier for reward to use "the utmost care and diligence," and section 2096 requires a carrier without reward to use "ordinary care and diligence," which matters for Zoox's free rides. No California court has decided whether a robotaxi company is a common carrier under section 2168.
Waymo says, "We provide limited medical coverage for our riders, regardless of who's at fault" (Waymo). Its terms reach "any claims related to the use or operation of our Services," and whether that wording binds an account holder hurt while walking or driving is untested.
Responsible companies and drivers
California law names the "operator" of a driverless car as the person who "causes the autonomous technology to engage" when no one is in the driver's seat (Vehicle Code section 38750(a)(4)). The DMV's regulations add that a passenger "may summon a vehicle or input a destination, but does not engage the technology" (13 CCR 227.02). A rider is not the operator, so a claim usually looks to the company that runs the fleet.
Depending on the facts, a claim may rest on the company's own negligence in running and supporting its cars, or on negligence per se, where a broken traffic law can raise a presumption of carelessness (Evidence Code section 669). It may rest on product liability, though whether driving software is a "product" is untested in California. Another driver, or a public agency responsible for a road or signal, may share the blame.
When several parties share fault, liability for non-economic damages such as pain and suffering "shall be several only and shall not be joint" (Civil Code section 1431.2). A defendant that "developed, modified, or used artificial intelligence" may not argue "that the artificial intelligence autonomously caused the harm" (Civil Code section 1714.46, effective January 1, 2026). That rule bars one defense and creates no liability, and its reach to driverless cars is untested.
A police notice is not proof of fault. Since July 1, 2026, an officer can issue a Notice of Autonomous Vehicle Noncompliance, form OL 325, to the manufacturer of a driverless car (13 CCR 227.68), which must send it to the DMV within 72 hours, or 24 hours if marked priority (DMV AVIM 2026-002). By statute the notice "shall not create a presumption that the autonomous vehicle is unsafe" (Vehicle Code section 38752). Our who is liable page covers each theory, and our California autonomous vehicle law page tracks the statutes.
The $5 million rule
California requires the manufacturer of a self-driving car to hold "an instrument of insurance, a surety bond, or proof of self-insurance" of "five million dollars ($5,000,000)" for testing and for deployment (Vehicle Code section 38750(b)(3) and (c)(3)). The CPUC's program guidance says participants "must hold a $5 million insurance policy" (CPUC guidance).
That figure is often misread. It is a requirement on the company, which can meet it with insurance, a bond or self-insurance. It is not a per-crash limit, a policy on each car, a cap on damages, or a promise that $5 million is available for any one claim.
Waymo's posted California insurance card, effective June 1, 2026 to June 1, 2027, names Starr Indemnity & Liability Company and says the policy "IS A COMMERCIAL OR FLEET POLICY." The card shows no policy limits (Waymo insurance cards). Rideshare insurance rules do not carry over, because "AV passenger service is not classified as a TNC" (CPUC, August 14, 2026). The CPUC's General Order 115-G sets charter-party carrier minimums, $750,000 for a vehicle seating 8 or fewer.
What actually pays a self-driving car claim depends on the company's coverage, your own policies and the injuries. Our Waymo insurance and claims page explains each layer, and our uninsured motorist claims page covers your own coverage.
Records after a robotaxi crash
California's data rule is narrow. The manufacturer certifies a separate recorder for "autonomous technology sensor data for at least 30 seconds before a collision" that happens "while the vehicle is operating in autonomous mode." The data is stored "in a read-only format," and "The data shall be preserved for three years after the date of the collision" (Vehicle Code section 38750(c)(1)(G)). The statute does not give a crash victim a right to that data, and it does not cover the whole trip.
The companies describe their own cameras. Waymo says, "We record video inside the vehicle during trips," and that it records audio only during calls with Rider Support or when a rider turns on the microphones (Waymo privacy policy). Zoox says, "The cameras record the entirety of your ride" (Zoox). Neither company publishes how long it keeps that video.
Carriers in the CPUC's driverless deployment program must record rider calls with remote staff and "retain the recording for one year" (CPUC Decision 20-11-046). Waymo told Senator Markey on February 17, 2026 that "Every interaction between an agent and a vehicle is meticulously logged" (Waymo letter). Under DMV rules approved April 28, 2026, companies give the DMV the full NHTSA crash report for California crashes (DMV; 13 CCR 227.54).
NHTSA posts those crash reports monthly, and its data dictionary warns that "The same crash may have multiple reports" and "Summary incident report data are not normalized" (NHTSA). Our self-driving car crash lookup searches the California reports by month, city and company. Our evidence after a self-driving car crash page explains how to request each record and why a preservation letter, a written demand to keep named records, goes out early.
Deaths in robotaxi crashes
When a self-driving car kills someone, the surviving spouse or domestic partner, the children and others listed in Code of Civil Procedure section 377.60 may bring a wrongful death claim for their own losses. A separate survival action carries the claim the person who died could have brought, and the personal representative or successor in interest brings it (section 377.30).
Arbitration treats the two claims differently. The California Supreme Court held on August 14, 2025 that because wrongful death claimants sue in their own right, "they are not ordinarily bound by any arbitration agreement the decedent may have signed." The same opinion explains that wrongful death claims, "unlike survivor claims, are not derivative" of the decedent's own claims (Holland v. Silverscreen Healthcare). A rider's arbitration terms may therefore still reach the survival claim.
Our wrongful death page and our guides on who can file and survival actions explain both claims.
Case value
A self-driving car claim is valued from the medical record, future care, lost earnings, the harm a jury would weigh, and the coverage behind each responsible party. We publish no average settlement, because an average says nothing about your injury or the company's coverage.
Pedestrian, broken leg
Struck in a crosswalk by a speeding driver. Traffic camera footage settled the liability fight.
Rear-end crash, herniated disc
Hit at a stoplight by a texting driver on the job. Back surgery, then a real settlement.
Prior results do not guarantee a similar outcome. Every case depends on its own facts, injuries, and insurance coverage. Amounts shown are gross recoveries before attorney's fees, costs, and medical liens.
Struck in a crosswalk by a speeding driver, one client suffered a broken leg; traffic camera footage settled the liability fight, and a first offer of $150,000 became $950,000. A texting driver on the job rear-ended another client at a stoplight; after a herniated disc and back surgery, a first offer of $31,500 became $1,250,000. Neither case involved a self-driving car. Prior results do not guarantee a similar outcome.
Filing deadlines
| Deadline | What it covers | Source |
|---|---|---|
| 2 years | Lawsuit for injury or death | Code of Civil Procedure 335.1 |
| 6 months | Written claim against a city, county or the state | Government Code 911.2 |
| 30 days | Opting out of Waymo arbitration, from first accepting its terms | Waymo terms, Sept. 29, 2026 |
| 2 years | Notice of a claim to Waymo under its terms | Waymo terms, Sept. 29, 2026 |
| 1 year | Notice of a dispute to Zoox under its terms | Zoox terms, Aug. 4, 2026 |
The statute of limitations is the outer deadline to sue, and for injury or death it is two years (Code of Civil Procedure section 335.1). The six-month rule applies only when a public entity is part of the case, such as a dangerous road or a city vehicle (Government Code section 911.2). A claim against the company that runs a robotaxi is not a government claim.
First steps after a crash
These steps protect your health first and the record second, whether you were riding, walking or driving.
- Call 911 if anyone is hurt, as Waymo's own collision guidance also says.
- Write down the company, the license plate, the markings on the car and the time to the minute.
- Note whether anyone was sitting in the driver's seat.
- Photograph where the car stopped, its lights and the scene, including any nearby cameras.
- Report the crash to the company. Waymo's collision line is 1-844-263-9885, and its QR code is on either front door.
- Ask the police for the report number and the officer's agency.
- Riders: keep the trip receipt, screenshot the in-app messages, and do not delete the account. Waymo says that after deletion "Support will lose all access to your previous trip information."
- Do not give a recorded statement to any insurer before you get advice.
Our self-driving car crash checklist walks through each step by role, and our crash lookup helps confirm which company's car was involved and whether a federal report exists. The account quote is from Waymo's help center.
After you call
- 1We identify the company
Which company operated the car, what permits it held, and whether anyone was in the driver's seat, from the report, the markings and the public permit lists.
- 2Preservation requests go out
To the operator, naming the 30-second sensor record, exterior and interior video, remote assistance logs, trip records and every version of its federal crash report.
- 3We read the terms
For a rider, which terms were accepted and when, whether arbitration applies, and which notice windows are running.
- 4Treatment comes first
Your care comes before any settlement talk.
- 5We handle the insurer
The adjuster talks to us. You need not give a recorded statement, and the first offer is a negotiating position.
- 6We track every deadline
Two years to sue, six months for a public agency, and any shorter notice window in the rider terms.
The next step is the same for every reader: get treated, keep the trip and crash records, and get the deadlines tracked. Josh Kohanim, Esq. is the firm's founder and trial attorney. Call (424) 235-7879, where Spanish-speaking staff answer the phone, or use the form. No fee unless we recover.
Cases outside this page
A Tesla on Autopilot or FSD. That is a driver-assist crash with a human driver responsible. Start with our Tesla Autopilot and FSD crashes page and our car accident page.
A human-driven Uber or Lyft. Rideshare rules differ from robotaxi rules. See our Uber accident page and our guide to passenger injury claims.
A self-driving truck. The DMV's April 28, 2026 rules opened California to heavy-duty self-driving trucks, starting with testing using a safety driver. Our California autonomous vehicle law page tracks those rules, and our commercial vehicle page covers company trucks.
A Mercedes-Benz using DRIVE PILOT. California counts this Level 3 freeway feature as autonomous technology. The DMV lists Mercedes-Benz Research & Development North America as a deployment permit holder for daytime freeway driving at up to 40 mph, with the driver in the seat and ready to take over (DMV). These crashes turn on what the system and the driver each did; our who is liable page covers the product claim.
A crash in another state. Waymo carries riders in other states too, and those crashes follow that state's law. Only property was damaged. A parked car or pet hit by a robotaxi is usually a property claim; see our Waymo insurance and claims page.