Rideshare Accidents in Fort Worth: Who Pays When an Uber or Lyft Crashes?
Uber and Lyft are now a normal part of getting around Fort Worth. People use them to get home from a night out in Sundance Square, to catch a flight at DFW Airport, or to get to a Rangers game in Arlington. Rideshare services are convenient, but a crash involving one raises a question that a typical car accident doesn’t: who is responsible for paying for your injuries?
The answer depends on several factors, including what the rideshare driver was doing when the crash happened. At Previte Law Firm, attorney Paul Previte has spent 32 years helping injured people in Fort Worth and across Texas. As a former prosecutor and judge, he knows how insurance companies approach these claims and how to cut through the confusion to get injured people the compensation they deserve.
Why Rideshare Accidents Are More Complicated
In an ordinary crash, the at-fault driver’s insurance company usually pays. Rideshare drivers, however, are generally treated as independent contractors, not employees. Uber and Lyft have long argued that this status limits their responsibility for what their drivers do on the road.
To deal with this gray area, Texas passed laws governing transportation network companies (TNCs), the legal term for services like Uber and Lyft. Chapter 1954 of the Texas Insurance Code sets minimum insurance requirements that change depending on the driver’s status in the app at the time of the crash. Several insurance policies may be involved, so knowing which one applies is the first step in any rideshare claim.
The Coverage Stages Under Texas Law
A rideshare driver’s coverage depends on which of three stages the driver was in when the crash happened.
The app is off. If the driver isn’t logged into the rideshare app, they are just a private driver running personal errands. Their personal auto insurance policy applies, the same as in any other car accident. Uber and Lyft generally have no responsibility in this situation.
The app is on, waiting for a ride request. When the driver is logged in and available but hasn’t accepted a ride, Texas requires primary liability coverage of at least $50,000 per person and $100,000 per accident for bodily injury, plus $25,000 for property damage. The driver or the rideshare company can satisfy this requirement, or the two can share it. Because many personal auto policies exclude commercial driving, it is important to find out exactly which policy applies.
A ride is accepted or in progress. From the moment the driver accepts a request until the passenger exits, Texas requires at least $1 million in total coverage per incident. That is a single combined limit for death, bodily injury and property damage, not $1 million for each person. It applies while the driver is on the way to pick someone up as well as during the trip itself.
These stages matter a great deal. The difference between a $50,000 policy and a $1 million policy can decide whether a seriously injured person is fully compensated. Keep in mind that a combined $1 million limit can be stretched thin when several people are hurt in the same crash.
Uninsured and Underinsured Motorist and PIP Coverage
The Texas rideshare insurance rules also require uninsured and underinsured motorist (UM/UIM) coverage and personal injury protection (PIP) coverage in both the waiting stage and the ride stage, where Texas law otherwise requires them. This can matter for an injured passenger when the at-fault driver has no insurance or too little. It is worth having an attorney review which of these coverages applies to you.
Who Can File a Claim?
Many different people can be hurt in a rideshare crash, and each has a path to recovery.
- Passengers. If you were riding in an Uber or Lyft when it crashed, you were almost always in the ride-in-progress stage. If the rideshare driver caused the crash, the $1 million policy will likely apply. If another driver caused it, you may have a claim against that driver’s insurance, and possibly under the rideshare policy’s UM/UIM coverage if the other driver had too little coverage.
- Other drivers and passengers. If a rideshare driver hit your car, the coverage available depends on what the driver was doing in the app at that moment.
- Pedestrians and cyclists. People walking or biking in busy areas like downtown Fort Worth, the Near Southside, or the West 7th district can make claims the same way other drivers can.
- Rideshare drivers. Drivers hurt by another motorist may have claims against the at-fault driver. Depending on the circumstances, they may also have uninsured or underinsured motorist coverage through their own policy or the rideshare company’s policy.
Common Challenges in Rideshare Claims
Even with clear insurance rules on the books, rideshare claims often hit roadblocks.
Disputes over app status. The insurance company may argue about whether the driver was logged in, waiting, or on a trip. The rideshare company holds the app data that answers this question, and it doesn’t always share that data willingly. An attorney can take steps to preserve and obtain those records.
Multiple insurers pointing fingers. When the driver’s personal insurer, the rideshare company’s insurer, and another driver’s insurer are all involved, each may try to shift responsibility to the others. Injured people can get stuck in the middle while their medical bills pile up.
Comparative fault. Texas follows a modified comparative fault rule. If you are found partly responsible for the crash, your recovery is reduced by your percentage of fault, and if you are more than 50% at fault, you recover nothing. Insurance companies sometimes use this rule to argue that a passenger, pedestrian, or other driver shares the blame.
Arbitration and terms of service. Rideshare companies’ user agreements contain terms that may affect how certain claims are handled. These agreements are long and complex, and they should be reviewed carefully by an attorney.
What to Do After a Rideshare Accident
If you are involved in a crash with an Uber or Lyft, these steps can help protect your health and your claim:
- Call 911 and get medical care. Some injuries, including brain injuries and internal injuries, don’t show symptoms right away.
- Take screenshots of the app. If you were a passenger, capture your trip details, the driver’s name, and the vehicle information before anything changes.
- Get information from everyone involved. Collect names, phone numbers, insurance information, and license plates. Ask the rideshare driver whether they were logged into the app.
- Photograph the scene. Take pictures of the vehicles, the road, traffic signals, and your injuries.
- Report the crash in the app. Both Uber and Lyft have in-app accident reporting features.
- Be careful with insurance adjusters. Don’t give a recorded statement or accept a settlement offer before you understand all of the coverage that may be available.
- Talk to an experienced attorney. In Texas, you generally have two years to file a personal injury lawsuit, but evidence such as app data and video footage can disappear much sooner.
Experienced Help After a Rideshare Crash
Rideshare accidents can involve several insurance companies, large corporations, and complicated questions about coverage. You shouldn’t have to sort that out on your own while you are trying to recover. Paul Previte brings 32 years of personal injury experience and the perspective of a former prosecutor and judge to every case. He knows how to investigate a crash, identify every available insurance policy, and hold the responsible parties accountable.
If you were hurt in an Uber or Lyft accident in Fort Worth or anywhere in Tarrant County, find out what your case may be worth before you talk to the insurance company.
Call Previte Law Firm at 817-335-4357 for a free confidential consultation.
