Texas Rideshare Accident Lawyers

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Video: a J. Alexander Law client shares how their Texas crash claim was handled. Prefer to talk it through instead? Watch on YouTube or call (469) 807-7480.

01Who actually pays?

A crash involving Uber has more insurers than answers.

A normal accident would involve you, the other driver, and two insurers. When Uber or Lyft is in the mix, now it’s you, your driver, the other driver, and a multibillion-dollar tech company. The most common question asked on the internet is: who actually pays?

That answer is more contingent on the app and what it happened to be doing at the moment of the crash than anything else. During a Lyft or Uber ride, their insurance coverage switches on and off throughout the ride. If you catch the app at a good time, there could be millions of dollars in coverage; if you’re talked out of it, you’ll be left holding your own deductible.

$1MLiability coverage Uber and Lyft carry while a trip is in progress
3Coverage phases that change who pays, sometimes by the second
2 yrsIs the deadline to file for most injury claims, and in case of government involvement, it would be much less than two years.
Limits per Uber and Lyft published insurance policies; deadline per Texas CPRC Section 16.003

One crash, many paths.

Anyone hurt in a rideshare crash has a claim. The coverage could be the same, but the route depends on who you were when it happened.

  • If you’re the passenger

    You were riding in the Uber or Lyft

    If your driver was on an active trip, you’re inside the $1,000,000 coverage, regardless of who caused the crash.

  • If you’re the other driver

    A rideshare driver hit your car

    You have rights to a third-party claim against the rideshare policy. The app phasing decides the limit. Add on your own uninsured or underinsured coverage if it falls short.

  • Pedestrian or cyclist

    A rideshare driver hit you

    As a pedestrian, you can claim against the rideshare coverage for the active phase of the app the same way another driver can. The app status matters just the same.

Uber drivers are “independent contractors,” making it very difficult to sue the company itself, though it’s not entirely out of reach since Texas Insurance Code Chapter 1954 makes the rideshare insurance obligation a matter of law, so the coverage applies regardless of whatever employment labels apply.

Josh Alexander
Josh’s take

The rideshare company’s insurer focuses on figuring out which phase on the app you were in at the time of the accident, because that decides whether they owe you a thousand dollars or a million. Pin down the phase before someone pins it for you.

Josh Alexander | Founder & Managing Attorney

02How does the app phasing work?

Who pays depends on the timing of the app itself

The driver’s policy, the rideshare company’s policy, and your own coverage can each be primary, depending on what the app was doing at impact. The answer to the questions changes by the day, it seems.

Click through the phases and see what phase your crash happened in.

Where was the app when it happened?
Uber or Lyft’s commercial policy

A trip is in progress. The company’s $1,000,000 third-party liability applies, along with uninsured and underinsured motorist coverage, and it protects injured passengers too; whether your driver or the other driver caused the crash.

$1,000,000 liability + UM/UIM

This is the standard Uber and Lyft coverage structure; your exact coverage depends on the company, your policy, and the facts. Fault still matters: under Texas’s 51% rule, being more than half at fault can bar recovery. Confirm specifics before relying on them.

03If you’re a passenger

You were just the passenger.

You have the strongest claim of anyone, and you did nothing wrong. Here’s what we advise you to do while it still counts.

Even if you feel like you weren’t really involved, you have a claim against whoever caused the accident, and there’s $1,000,000 in trip coverage with your name on it.

  • Check in with your doctor

    If EMS is offered, say yes. You can also see a doctor the same day. Injuries might not be apparent the first day due to adrenaline, but you’d rather be safe than sorry.

  • Let Uber or Lyft know

    Both apps have a crash report feature. Use it. That will give you timestamps on the trip and give evidence that you were a passenger when the crash happened.

  • Talk to everyone

    Get everyone’s name, phone numbers, plates (if possible), and insurance information for your driver and the other driver. Take pictures of both cars, the street you were on, and whatever injuries you sustained.

  • Don’t give recorded statements

    If any adjuster calls within a few hours trying to sound helpful, you are not legally required to give any recorded statements. Don’t do it before you get advice; that can backfire.

  • No posting online

    Don’t post on any social media about the incident. Stay off the grid for a while until you get advice from a professional. The defense will use whatever they can against your injury claim.

  • Call a lawyer ASAP

    Everyone will fight over that $1,000,000 coverage, and some deadlines could be shorter than you think. A quick call to just understand who’s liable and what your claim is really worth would be ideal before signing anything.

04What not to say

What to say to ruin a good claim

  • 01 / “I’m sorry”

    Instinctively apologizing

    We understand that in high moments of stress, the human instinct is to apologize and console everyone around you, but adjusters use it as a weapon against you. Check up on everyone, but don’t apologize.

  • 02 / “I guess”

    Guessing who’s at fault

    Giving your opinions on what you think went wrong isn’t useful for your claim. Avoid blurting out “I didn’t see them” or anything of the like. Give the police facts and nothing more.

  • 03 / Anything on record

    A recorded statement

    Remember, the insurer is not on your side. Decline any recorded statements until you’ve spoken with a lawyer.

  • 04 / “I agree”

    Accepting blame on the spot

    Evidence is what decides fault, not anything you say at the scene. Don’t agree to any version of events created by others involved to calm things down.

  • 05 / “I was just in an accident”

    Posting about it

    Your social media of choice will be one of the first places your defense looks. Don’t vent about the accident. Don’t post selfies or anything about your injuries.

  • 06 / “Where do I sign”

    Signing the first offer

    The first check is going to feel like a good idea until you realize you signed away your rights to a much bigger piece of the pie, and now your hospital bills are piling up.

Think you’ve said the wrong thing already? It’s okay. One comment at the scene won’t make or break your claim. The evidence, the app data, and the medical records carry far more weight than a panicked outburst from you at the scene. The best move is to get in contact with someone who will fight in your corner.

05For rideshare drivers

Will I lose my job?

It’s a real fear every driver has when reading forum posts after wrecks, not so much the injury but the impact on their income. Here is why protecting your claim and protecting your job as a rideshare driver are the same fight.

Don’t give the rideshare company or any insurers of the like a recorded statement before getting legal advice. What you say can cost you your job.

  • A crash leads to a review; there are no automatic bans

    After the initial report of an accident, it’ll pause your account while Uber or Lyft reviews the ticket. If you’re not at fault, your account ends in reactivation.

  • What actually gets drivers deactivated

    Trying to hide the crash, failed background checks, or passenger complaints can do more damage than the accident itself.

  • Protect your claim and account together

    Most of what decides a claim will also decide your account status. The police reports, the phase of the app when the accident happened, and who’s at fault are important for you to keep your claim and your account clean.

  • Even if you do lose your account, you can still recover

    The rules for Uber and Lyft are different from legal fault. If you lose access to the app, it doesn’t mean you’ve lost access to your recovery.

06Keep learning

Learn the law before you call.

Free guides, client stories, and tools from our attorneys. Start with who pays, then dig as deep as you want.

Hit in an accident while taking a Lyft? We will find who’s at fault.

Give us a call and let’s map out everything that happened, and we’ll figure out what your claim is worth. No payments until we win.

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