Texas Rideshare Accident LawyersUber and Lyft crashes, where no one wants to say who 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.
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.
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.
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.
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.
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
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.
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/UIMThis 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.
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.
Big tech companies, multiple insurers, and you in the middle.
Our combined experience gives us an edge in understanding exactly how rideshare carriers decide who pays, and how to make them pay. You can focus on healing, while we fight.
What to say to ruin a good claim
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.
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.
A recorded statement
Remember, the insurer is not on your side. Decline any recorded statements until you’ve spoken with a lawyer.
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.
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.
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.
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.
Texas rideshare accident FAQ.
Straight answers, specific to Uber and Lyft crashes in Texas. Not sure how it applies to you? A free review sorts it out.
I was riding in a Lyft and got hurt — who’s supposed to pay?
Will my personal insurance be canceled if I crash while driving for Uber or Lyft?
Whose insurance covers a rideshare crash, mine or Uber’s?
I admitted fault at the scene. Did I ruin my case?
Will I be deactivated after an accident?
How long do I have to file a rideshare accident claim in Texas?
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.