.avif){kind=small}
If you’ve ever been in a car accident or even worried about what would happen if you were, you know one thing matters most: having someone on your side when things get complicated.
Now, a new ballot initiative backed by Uber could change how accident claims work across California. And not just for Uber rides. This could affect every driver on the road.
At Thorsnes Bartolotta McGuire, we’ve spent 47 years helping people in San Diego rebuild their lives after serious crashes. We believe you should have the full story before this initiative hits the ballot this November.
What Is Uber’s "Protecting Automobile Accident Victims from Attorney Self-Dealing Act?"
Uber is supporting a statewide ballot measure that would change two key parts of car accident claims:
- Cap attorney fees at 25% in winning cases
- Limit how much accident victims can recover for medical costs
At first glance, it might sound like a good deal. If lawyers take less, you keep more of your settlement. Uber says the goal is to make sure injured people walk away with at least 75%.
However, there is a catch.
The Hidden Side of “Capping” Fees
Many legal professionals, consumer advocates, and medical providers are raising red flags.
Here’s the core issue: car accident cases aren’t always simple or cheap to handle.
Most personal injury firms work on something called a contingency fee. That means you don’t pay anything upfront. The law firm covers the cost of building the case, including:
- Hiring experts to figure out what caused the crash
- Reconstructing the accident
- Collecting medical records and evidence
If the case doesn’t win, you don’t pay those costs. If it does, those expenses are paid back from the settlement.
Under Uber’s new plan, these costs, along with medical bills, might have to come out of the lawyer’s 25% share. In a complex case involving a self-driving car or a serious injury, those costs can be massive. If it costs a lawyer more to fight the case than they are allowed to earn, many lawyers simply won't be able to take the case.
That gap doesn’t affect everyone equally. People with the financial ability to pay for legal help out of pocket may still have options. But many others won’t. Lower-income individuals, in particular, could have a much harder time finding a lawyer willing to take their case.
This could leave victims facing giant insurance companies and Uber’s legal teams all by themselves.
Medical Bill Limits Could Leave Patients Paying More
Uber’s proposed measure does more than cap lawyer fees. It also changes how medical bills are reimbursed after a car accident.
Here’s what it would do:
- Future medical expenses would be limited to 125% of Medicare rates.
- Medi-Cal reimbursements would be capped at 170% of the usual rate.
- Law firms would not be allowed to refer clients to medical providers in which they have a financial interest.
These limits could have unintended consequences. Some doctors and medical providers might refuse to treat patients involved in car accidents because they worry they will not be fully paid. This could especially affect people who are uninsured or underinsured.
Uber says the limits are based on existing state law for out-of-network providers and argues that the current system encourages overbilling. But critics worry that these rules could make recovery and treatment much harder for accident survivors.
It’s also important to keep in mind that Uber is already facing ongoing litigation involving passenger safety, including claims related to sexual assault.
Between 2017 and 2022, Uber received more than 400,000 reports of sexual assault or sexual misconduct in the United States, according to unsealed court records and internal reports.
While this ballot measure focuses on settlements and lawyer fees, it does not address ongoing passenger safety issues. Some legal advocates warn that Uber’s aggressive ballot measure push could partially serve as a distraction from this serious ongoing legal battle.
What’s Really Behind the Uber-Backed California Ballot Measure?
Uber has already spent about $32.5 million on this initiative since last fall, according to campaign finance records. That is a large amount of money to influence a single proposal.
Critics say the size of this investment could be a hint that the company is looking to cover itself as it prepares to roll out 20,000 autonomous vehicles in California over the next six years, starting in the Bay Area, and reduce potential liability in future accidents.
Opponents of the measure warn that limiting legal payouts now could make it harder for injured people to hold Uber accountable later if they get into an accident with one of its self-driving vehicles. Uber maintains that the measure does not remove anyone’s right to file a claim. It only changes how settlements are divided between lawyers and clients.
What’s Next for Uber’s Ballot Measure?
For this initiative to appear on the November 2026 ballot, supporters need to collect more than 874,000 signatures from California voters.
If the measure qualifies, it will be up to California voters to decide whether it becomes law.
How Thorsnes Bartolotta McGuire Can Help After a Car Accident
Rules and laws can change. Insurance companies adjust. Companies push for new policies.
But one thing stays the same: having an experienced legal team can make a real difference in your case.
At Thorsnes Bartolotta McGuire, we have spent over 4 decades helping people rebuild their lives after serious car accidents. We have recovered over $2 billion for our clients, and every case gets the same attention and care we would give to our own family.
If you have questions about a car accident, you do not have to go it alone.
Call us at (619) 236-9363 or fill out our online form to speak with someone who will listen and help you understand your options.
