Knowing what to do after an Uber accident as a passenger in Texas can be overwhelming and challenging to navigate. Not only are you dealing with medical appointments during your recovery, but there are also questions about who will pay and which insurance policies are involved.
One of the best decisions you will make is hiring a rideshare accident attorney to help during this difficult time. You need a legal advocate to guide your decisions and ensure that you receive the compensation you deserve.
What to Do in the First Few Minutes After a Rideshare Accident
Your health and medical care are the highest priorities, which is why you should check for injuries and call 911. Even if you feel fine, there could be hidden injuries that require immediate medical treatment. Also, remember that some accident injuries don’t show symptoms right away. Always go to the hospital for a full checkup so that you have medical records for your claim.
As the Uber or Lyft accident passenger, you need to be proactive about collecting evidence to prove the circumstances of the accident. For example, don’t close the rideshare app before taking screenshots of the ride details and other information. It’s helpful to have a timestamp as soon as possible because this record of the trip will affect how your settlement payouts are handled.
Also, make sure to get contact information for all of the drivers involved, including the rideshare driver and the person behind the wheel of the other vehicle(s). If there were any witnesses at the scene, collect their contact information as well.
Understanding Rideshare Insurance Coverage
Who pays if an Uber driver causes an accident? There are many nuances to rideshare insurance coverage, which is why it can be helpful to have the assistance of an experienced legal team to help with building your claim.
Available insurance coverage is tiered, depending on the driver’s app status at the time of the accident. If the app was open but the driver didn’t have an active ride happening when the accident occurred, then lower insurance coverage might be available. But if you are actually in the vehicle as a passenger when the accident happened, then most rideshare companies have higher insurance coverage available (up to $1 million).
Can You Sue Uber or Lyft Directly?
Can I sue Uber if I was a passenger? In most cases, no, you can’t sue the rideshare company directly. Rideshare drivers work as independent contractors (not employees). Instead of suing Uber or Lyft directly, your claim will most likely go through an insurance policy.
There are limited circumstances where you can file a direct claim against a company. One example is if you can prove negligent hiring practices, then the company might hold a portion of liability for the accident.
Keep in mind that there is usually an arbitration clause written into the rideshare terms of service. This clause affects how and where the dispute is resolved if an accident occurs.
If a Different Driver Caused the Crash
The circumstances are a little different if a different driver caused the accident, which is why it’s helpful to talk to a legal team about what to do after an Uber accident as a passenger in Texas. Typically, the first step is to pursue compensation through the at-fault driver’s insurance policy.
If that driver had no insurance or limited insurance coverage, then you might be able to pursue a settlement through the rideshare company’s uninsured/underinsured motorist coverage.
Often, we recommend that injured passengers pursue multiple insurance sources at the same time, especially when liability is shared among different drivers and companies.
What You Can Recover as a Passenger
There are several different categories of compensation that might be available to you as the rideshare passenger:
- Economic damages are designed to cover actual expenses, such as medical bills, lost wages, and any future care that you will need because of your injuries and recovery.
- Non-economic damages are for pain and suffering and compensation to cover the overall impact the injuries are having on your daily life.
There are rideshare accident passenger rights in Texas to protect you from sharing fault for a crash. Generally, these laws will work in your favor.
Statute of Limitations for a Rideshare Accident Claim
In the state of Texas, you usually have two years from the date of the accident to file your claim. But this window might be shorter if a government vehicle was involved.
Even though you have two years to file, we recommend that you get started with legal support as soon as possible. Evidence needs to be gathered right away, especially since app records and other digital evidence can disappear faster than you might expect. Hiring a car accident attorney immediately will make it easier to collect the necessary evidence and protect your claim.
FAQs
What happens if your Uber gets into an accident as a passenger in Texas?
Generally, Uber and Lyft passengers have insurance coverage available through the rideshare company’s policy. If an active trip was not in session at the time of the accident, then you might be able to receive compensation through the driver’s own insurance coverage.
Can I sue Uber if I was a passenger?
In most cases, the option to pursue a direct claim against the rideshare company is limited. These claims are usually resolved through the insurance company instead of a lawsuit against Uber or Lyft.
Legal Support to Maximize Your Compensation
The financial costs can add up, especially when you are missing work and require ongoing medical care after a rideshare accident. Since there are different drivers and companies involved, these rideshare accident claims often result in more layers than a standard car accident. Since things can get complicated, it’s essential that you hire an experienced legal team to protect your rights.
At The Green Law Firm, we offer client-focused support and a bilingual team that is ready to help accident victims. Contact us today for a free, no-obligation consultation with a skilled personal injury attorney: (956) 542-7000.
