Legal Options after a Rideshare Accident in Texas

If you’ve been involved in a rideshare accident in Texas, you’re likely feeling overwhelmed, confused, and are wondering what to do to address your injuries. The aftermath of any accident can be challenging, but when it involves a rideshare company like Uber or Lyft, the situation can become even more complex. 

The best accident lawyers in Houston, TX, will all tell you the same thing after an accident: prioritize your health, and make sure you have an advocate on your side. A trusted attorney can help guide you through your legal options, which could include:

1. Filing a claim against the rideshare driver’s personal insurance
2. Pursuing compensation through the rideshare company’s insurance policy
3. Seeking damages from a third-party driver if they were at fault
4. Filing a lawsuit against the rideshare company for negligence
5. Exploring options for compensation through your own insurance policy

 

Insurance companies and rideshare corporations have teams of lawyers working to minimize their liability. So, no matter which option you choose, your case will be best fought with an equally formidable legal advocate in your corner.

Here’s what you need to know about each of your legal options:

1. File a claim against the rideshare driver’s personal insurance

In some cases, you may need to file a claim against the rideshare driver’s personal auto insurance. This is typically the first step if the driver was not actively engaged in a ride at the time of the accident.

Example: Imagine you’re in a T-bone accident, and the driver mentions they sometimes work for Uber. However, at the time of the accident, their app was off and they were running personal errands. In this case, their personal insurance would be the primary coverage.

How it works: Your attorney would file a claim with the driver’s personal insurance company, presenting evidence of the accident and your injuries. However, many personal policies exclude coverage when the vehicle is being used for commercial purposes, which can complicate matters.

Legal strategy: If the driver’s personal insurance denies the claim based on rideshare exclusions, your lawyer might argue that the driver was not engaged in rideshare activities at the time of the accident. This could involve subpoenaing the driver’s rideshare app data to prove they were not logged in or available for rides.

2. Pursue compensation through the rideshare company’s insurance policy

Both Uber and Lyft provide insurance coverage for their drivers, but the extent of this coverage depends on the driver’s status at the time of the accident.

Example: Let’s say you’re a passenger in an Uber when another car runs a red light and hits you. In this case, Uber’s $1 million liability policy would typically be in effect.

How it works: The rideshare company’s insurance coverage is generally structured in three periods:

• Period 1: App is on, driver is waiting for a ride request
• Period 2: Driver has accepted a ride and is en route to pick up the passenger
• Period 3: Driver has picked up the passenger and is en route to the destination

During Periods 2 and 3, the $1 million liability policy is in effect. During Period 1, coverage is typically lower.

Legal strategy: Your attorney would gather evidence to prove which period the driver was in at the time of the accident. This might involve obtaining records from the rideshare company, interviewing witnesses, or even analyzing data from the driver’s phone or the rideshare app.

3. Seek damages from a third-party driver if they were at fault

If another driver was at fault for the accident, you might need to pursue a claim against their insurance company.

Example: You’re in a Lyft, stopped at a red light, when a distracted driver rear-ends your vehicle, causing you injury. (Learn more about Texas rear-end laws)

How it works: In this case, your attorney would file a claim against the at-fault driver’s insurance company. This process is similar to a standard car accident claim but can be more complex due to the involvement of the rideshare vehicle.

Legal strategy: Your lawyer would gather evidence to prove the other driver’s fault, which might include traffic camera footage, witness statements, or accident reconstruction reports. They would also need to demonstrate the extent of your injuries and how they’ve impacted your life.

4. File a lawsuit against the rideshare company for negligence

In some cases, it may be necessary to file a lawsuit directly against the rideshare company. This could be due to issues such as inadequate driver screening, app design flaws that contribute to distracted driving, or other forms of corporate negligence.

Example: Suppose investigation reveals that your Uber driver had a history of DWIs that should have disqualified them from driving, but Uber’s background check failed to catch this.

How it works: Your attorney would file a lawsuit against the rideshare company, alleging that their negligence in screening drivers contributed to your accident and injuries.

Legal strategy: This type of case often requires extensive discovery. Your lawyer might subpoena the company’s driver screening records, investigate their hiring practices, or even bring in expert witnesses to testify about industry standards for driver screening. They would need to prove that the company’s negligence directly contributed to your injuries.

5. Explore options for compensation through your own insurance policy

Depending on your personal auto insurance coverage, you might have options for compensation through your own policy.

Example: You’re injured as a passenger in a rideshare vehicle, but the at-fault driver is uninsured, and for some reason, the rideshare company’s insurance is denying the claim.

How it works: In this case, you might turn to your own auto insurance policy, specifically your uninsured/underinsured motorist coverage or personal injury protection (PIP), if you have these coverages.

Legal strategy: Your attorney would help you file a claim with your own insurance company. They would need to prove that you’ve exhausted other options for compensation and that your policy covers you in this situation. This might involve negotiating with your insurance company, as they may try to minimize the payout.

Rideshare accident in Texas — FAQs

Do I need a lawyer for rideshare accidents in Texas?

Yes, hiring a lawyer for a rideshare accident in Texas is highly recommended. These cases involve complex issues, such as determining liability between the driver, rideshare company, and insurers. Rideshare companies often have legal teams aiming to minimize payouts, and evolving Texas laws make experienced legal representation crucial in navigating these challenges.

For instance, recent Texas court decisions have wrestled with questions like whether rideshare companies can be held liable for their drivers’ actions, and how to apply traditional car accident laws to the unique circumstances of rideshare accidents.

Does Uber cover accidents in Texas?

Yes, Uber does provide insurance coverage for accidents in Texas, which can be crucial for Uber accident claims and potential Uber car accident settlements. However, the extent of coverage depends on the driver’s status at the time of the accident:

• When the app is off: The driver’s personal auto insurance applies.
• When the app is on and the driver is waiting for a ride request: Uber provides limited liability coverage (50/100/25).
• When the driver is en route to pick up riders or during trips: Uber provides $1 million in liability coverage, plus limited coverage for damage to the driver’s car and uninsured motorist coverage.

Uber accident claims can cover medical expenses, lost wages, and other damages. Although, settlement amounts depend on injury severity, accident circumstances, and your lawyer’s ability to negotiate with Uber’s insurers.

Learn more about the most common car accident injuries

Is rideshare insurance required in Texas?

Yes, as of 2019, Texas law requires rideshare companies to provide insurance coverage for their drivers. This is known as the “Transportation Network Company Insurance” requirement.

The rideshare insurance in Texas requirement aligns with the policies already in place by major companies like Uber and Lyft. However, it’s important to note that this insurance is in addition to, not a replacement for, the driver’s personal auto insurance. Drivers are still required to carry their own personal auto insurance that meets Texas minimum requirements.

How does an insurance claim work in rideshare accidents?

The insurance claim process for a rideshare accident can be complex and depends on several factors:

• Determining the driver’s status: Was the driver offline, waiting for a ride request, or actively engaged in a ride?
• Identifying the responsible party: Was the rideshare driver at fault, another driver, or was it a combination of factors?
• Filing the claim: Depending on the circumstances, you may need to file a claim with the rideshare company’s insurance, the driver’s personal insurance, or a third party’s insurance.
• Providing evidence: This may include police reports, medical records, witness statements, and other documentation of the accident and your injuries.
• Negotiating: Your lawyer will negotiate with the insurance companies to ensure you receive fair compensation.
• Potential lawsuit: If a fair settlement can’t be reached, your lawyer may advise filing a lawsuit.

Given the complexity of this process and the multiple parties involved, having an experienced rideshare accident attorney can make all the difference in ensuring you receive the compensation you deserve.

Injured in a rideshare accident? Call Grimes & Fertitta today.

From filing claims against rideshare company insurance to pursuing lawsuits for negligence, your legal options after a rideshare accident in Texas are diverse and complex — which is why you need the experienced attorneys at Grimes & Fertitta on your side.

When you choose Grimes & Fertitta, you’re not just getting a car accident lawyer in The Woodlands/Greater Houston area; you’re gaining a dedicated advocate who understands the unique challenges of rideshare accident cases in Texas. We have a proven track record of successfully negotiating with insurance companies and we’re prepared to take your case to court if necessary.

Time is critical in these cases as evidence can disappear, witnesses’ memories can fade, and there are strict deadlines for filing claims. Call 713-224-7644 or contact us online for a free consultation and take the first step towards fair compensation today.

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