If your vehicle was struck by an Uber or Lyft driver in Pearland, Houston, or anywhere in Texas, determining which insurance policy applies is one of the most important parts of your injury claim.
Unlike a typical car accident, rideshare collisions often involve multiple insurance policies. The amount of available coverage frequently depends on what the Uber or Lyft driver was doing within the rideshare app at the time of the crash. Establishing the driver’s status can make a significant difference in the compensation available for medical expenses, lost wages, vehicle damage, and other losses.
How Rideshare Insurance Works in Texas
Transportation network companies (TNCs), including Uber and Lyft, are regulated by Chapter 1954 of the Texas Insurance Code. The required insurance coverage varies depending on whether the driver was offline, waiting for a ride request, traveling to pick up a passenger, or transporting a passenger.
Although insurance professionals commonly refer to these stages as “Periods 0, 1, 2, and 3,” those are industry terms rather than statutory definitions.
Driver Logged In and Waiting for a Ride Request
If the driver had the Uber or Lyft app turned on but had not yet accepted a ride request, Texas law generally requires contingent liability coverage of at least:
- $50,000 for bodily injury per person
- $100,000 for bodily injury per accident
- $25,000 for property damage
Depending on the circumstances, the driver’s personal automobile insurance may also be involved.
Driver En Route to Pick Up a Passenger or Transporting a Passenger
Once a driver has accepted a ride request or is actively transporting a passenger, Texas law generally requires the rideshare company to maintain up to $1 million in third-party liability insurance for covered claims arising during that trip.
This commercial policy may provide compensation for:
- Medical expenses
- Lost income
- Property damage
- Pain and suffering
- Other damages recoverable under Texas law
The availability of coverage depends on the facts of the accident, the applicable insurance policy, and the determination of legal liability.
Driver Logged Out of the App
If the Uber or Lyft driver was not logged into the rideshare platform when the collision occurred, the claim is generally handled through the driver’s personal automobile insurance policy, just like any other Texas car accident.
Why the Driver’s App Status Matters
One of the first questions insurance companies investigate is whether the driver was actively using the Uber or Lyft platform when the collision occurred.
Evidence that may help establish the driver’s status includes:
- Rideshare app records
- Electronic trip data
- Police reports
- Witness statements
- Cell phone records, when available
- Dash camera footage and other electronic evidence
Promptly preserving this evidence can be important, particularly if litigation becomes necessary.
Steps to Protect Your Claim
If you have been hit by an Uber or Lyft driver, taking the following steps can strengthen your case:
- Call 911 and request that law enforcement respond to the scene.
- Tell the investigating officer if you believe the other driver was working for Uber or Lyft.
- Photograph the vehicles, roadway, license plates, visible injuries, and the accident scene.
- Obtain the driver’s insurance information and, if possible, confirm that they were driving for a rideshare company.
- Seek medical treatment as soon as possible, even if your injuries seem minor.
- Avoid discussing fault or accepting a settlement before understanding the full extent of your injuries.
Why Legal Representation Can Make a Difference
Rideshare accident claims often involve multiple insurers, disputed liability, and questions about which policy provides coverage. An experienced attorney can investigate the collision, obtain relevant rideshare records, preserve important evidence, and identify all available sources of insurance coverage.
At Hildebrand & Wilson, LLP, we represent individuals injured in Uber and Lyft accidents throughout Pearland, Houston, Harris County, Brazoria County, Fort Bend County, and surrounding communities. We work to determine which insurance policies apply and pursue the compensation our clients deserve.
If you were injured after being hit by an Uber or Lyft driver, contact Hildebrand & Wilson, LLP today to schedule a free consultation and discuss your legal options.