Rideshare accidents can result in severe injuries
Get a verified Texas attorney to handle your claim from start to finish
Ridesharing services such as Uber and Lyft have become a convenient, popular means of transportation across Texas. Unfortunately, as their use grows, so does the likelihood of traffic accidents involving these rideshare vehicles.
Knowing what to do isn't always straightforward if you’ve been injured in a collision involving Uber or Lyft. An experienced Texas rideshare accident attorney can help establish fault, determine the full value of your claim, and handle all negotiations with insurance companies on your behalf. If you or a loved one has been injured in an accident involving Uber, Lyft, or some other ridesharing service, schedule a free consultation with a verified Texas lawyer in your area today.
What are the legal responsibilities of Uber and Lyft drivers?
Under Texas Occupations Code, Uber and Lyft drivers operate as independent contractors, meaning they are not employees of the ridesharing companies. In Texas, rideshare drivers must hold a valid driver's license, have a clean driving record, and meet specific vehicle requirements set by Uber and Lyft.
These companies conduct background checks and vehicle inspections to ensure that their drivers and vehicles are safe. However, even with these precautions, traffic accidents involving these vehicles can still occur.
The responsibilities of Uber and Lyft drivers differ depending on whether they are actively engaged in a rideshare activity. If a rideshare driver is online and available to accept rides, they are considered "on duty," and certain insurance policies apply. If they are not logged into the app, they are considered "off duty," and their personal insurance is the primary coverage.
When does Uber or Lyft's insurance apply?
Insurance coverage for Uber and Lyft drivers is divided into different periods, each with its own insurance requirements. These include:
Period 0 (Offline or App Off)
During this period, the driver is not logged into the rideshare app. Any collision that occurs while the driver is offline falls under the driver’s personal insurance. Uber and Lyft provide no coverage during this period.
Period 1 (App On, No Ride Accepted)
During this period, the driver is logged into the app but has not yet accepted a ride request. The driver’s personal insurance is still the primary coverage.
However, Uber and Lyft provide contingent liability coverage, which includes up to:
- $50,000 per person for bodily injury
- $100,000 per accident for bodily injury
- $25,000 for property damage if the driver’s insurance doesn’t cover the car accident
Period 2 (Ride Accepted, En Route to Pick Up)
Once the driver accepts a ride request and is on the way to pick up a passenger, the company’s insurance policy kicks in. This includes $1 million in liability coverage and limited coverage for the driver’s vehicle if they have comprehensive and collision coverage.
Period 3 (Passenger in Vehicle)
When the passenger is in the vehicle, the highest level of insurance coverage is in effect. This includes $1 million in liability coverage, uninsured/underinsured motorist coverage, and contingent comprehensive and collision coverage for the driver’s vehicle (with a deductible).
What types of claims can you file after a rideshare accident?
If you’re injured in a traffic accident while using Uber or Lyft, there are several types of claims you may be eligible to file, depending on the circumstances of the crash and the resulting damages.
Personal injury
If you sustain injuries in an Uber or Lyft accident, you can file a personal injury claim against the responsible party. This could be:
- The Uber/Lyft driver
- Another driver involved in the collision
- The rideshare company itself (depending on the circumstances
Property damage
If your vehicle or other property is damaged in the Uber or Lyft accident, you can file a property damage claim. This claim can be made against the at-fault driver’s insurance or Uber/Lyft’s insurance, depending on the period during which the crash occurred.
Wrongful death
In tragic cases where an Uber or Lyft accident results in the death of a passenger or driver, the victim's family can file a wrongful death claim. A wrongful death claim recovers compensation for funeral expenses, loss of income, and emotional suffering.
To be eligible for a wrongful death claim in Texas, you must be the deceased person’s surviving spouse, children, or parents. The executor or personal representative of the deceased’s estate may also file a claim unless requested not to by the family. Additionally, you must file within two years of the date of the deceased person’s death.
How do I file a claim after an Uber or Lyft accident?
Filing a claim after an Uber or Lyft accident involves several steps. The process can be complicated, especially when dealing with multiple insurance companies and, potentially, multiple parties. To build a solid claim, take action from the start. Here’s what to do:
Seek immediate medical attention
Your health should be your top priority after a crash with an Uber or Lyft vehicle. Even if you feel fine initially, it’s important to get a medical evaluation from a doctor as soon as possible, as some injuries may not be immediately apparent.
Seeking immediate medical attention addresses your injuries early so you can begin treatment before your condition worsens. Plus, having an official diagnosis helps create a link between the crash you were involved in and the resulting injuries.
Report the Uber or Lyft crash
You should notify the police immediately at the crash scene and wait for a law enforcement officer to arrive. They can conduct an initial investigation into the crash and document their finding in a detailed police report. This report can be obtained in person or online from the responding agency (local or state police).
Then, you should report the crash to Uber or Lyft through their app. You can do this by using the “Help” or “Support” section. Follow the prompts to provide details about the crash, including the date, time, and any other relevant information.
To initiate an insurance claim, you’ll need to report the crash to your insurance provider. Only provide basic information about the collision and avoid discussing who was to blame.
Gather evidence from the crash scene
Collect as much evidence as possible at the crash scene to begin building your case early on. This includes taking photos of the vehicles involved and any visible injuries.
Also, get contact information from witnesses and the other driver(s) involved. Record the driver’s name, license plate number, and insurance information.
Document all communications
Keep a detailed record of all communications with Uber, Lyft, insurance companies, and any other parties involved. This includes emails, phone calls, and written correspondence.
Get legal advice
Once you have gathered all the necessary information, file your claim with the appropriate insurance company. This could be your personal insurer, the Uber/Lyft insurance provider, or the at-fault driver’s insurance company. Be prepared to provide all the evidence you’ve collected, including the police report, medical records, and any other relevant documentation.
The claims process can be time-consuming and frustrating, especially if you encounter resistance from insurance companies. It’s important to stay organized and persistent to ensure your claim is handled properly. Still, contacting an experienced rideshare accident lawyer early on is even more important to help you find your way forward.
Why should I consider hiring a lawyer for your Uber or Lyft claim?
Uber or Lyft accident claims can be highly complicated. Without the help of an experienced Texas attorney, you could find yourself short-changed by the insurance companies.
A lawyer experienced in rideshare accidents understands how the claims process works and how to negotiate with insurance companies and handle disputes. They can guide you through each step of the process and ensure that all necessary paperwork is filed correctly and on time.
A Texas attorney can also help you accurately assess the value of your claim. They’ll consider your medical expenses, lost wages, property damage, and pain and suffering. If the insurance companies refuse to settle, a lawyer can represent you in court and fight for a maximum verdict.
Working with a Texas rideshare accident attorney doesn’t cost any money upfront. They work on a contingency fee basis and will only receive a certain percentage of your final settlement or court award if they win your case.
Plus, they offer a free initial consultation, so you can ask questions, discuss the details of your case, and determine if a lawyer is the right fit for your case. Contact a verified Texas rideshare accident attorney in your area today and schedule a free consultation to get started.
