Texas Uber and Lyft Accident Lawyer
After an Uber or Lyft collision the first question is not who was at fault. It is what the driver's app was doing at the moment of impact, because that single fact decides which insurance applies and how much of it there is.
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The three periods that decide coverage
Rideshare insurance operates in periods. With the app switched off the driver is a private motorist and only their personal policy applies. With the app on and the driver waiting for a request, the rideshare company provides contingent liability cover at limited amounts. From the moment a ride is accepted until the passenger is dropped off, a commercial liability policy of one million dollars applies, usually alongside uninsured and underinsured motorist coverage.
The gap between the second and third period is where disputes concentrate. Proving app status usually requires trip records from the rideshare company rather than the driver's account of events.
Everyone a rideshare crash can injure
Passengers are the most straightforward claimants, because they are rarely at fault. People in other vehicles, cyclists and pedestrians struck by a rideshare driver are covered by the same structure. Rideshare drivers injured by someone else have claims too, and often discover that a personal auto policy excludes commercial use.
Why the driver is not an employee
Uber and Lyft classify drivers as independent contractors, which limits the argument that the company is vicariously responsible for the driver's negligence. The insurance structure exists precisely because that argument is limited. In practice the claim is made against the applicable policy rather than against the company itself.
Evidence that disappears
Trip records, app status logs, GPS data and in-app messages sit with the rideshare company. Many drivers run dash cameras that overwrite. Requesting preservation early is what keeps the coverage question answerable.
Do you have a rideshare claim, and against whom?
If you were a passenger, you almost certainly have a claim, and the only real question is which policy responds. Passengers are rarely at fault for anything.
If you were in another vehicle, on a bicycle or on foot, the claim runs against whoever caused the collision, with the rideshare coverage applying if that was the rideshare driver. If you drive for a rideshare company, you have a claim like any other driver, and your own personal policy may exclude commercial use.
How fault interacts with the coverage question
Fault and coverage are separate questions and are frequently confused. Section 33.001 decides who was responsible. App status decides which policy pays.
A rideshare driver can be entirely at fault while the app was off, in which case only their personal policy applies and it may exclude the trip. Establishing both facts, not just fault, is what determines whether a recovery is actually available.
What happens first
The trip record is secured before anything else, because app status decides coverage and the record sits with the company. If you were a passenger, screenshot the trip immediately.
The firm then reports through the appropriate channel, requests preservation of app status logs, GPS data and any dash camera footage, and identifies every policy in play, including your own uninsured motorist coverage. The two year deadline under section 16.003 applies, but the evidence deadline is far shorter.
The cost of running one of these claims
The firm works on a contingency fee and advances case expenses. The distinctive cost in rideshare claims is obtaining company records, which sometimes requires formal discovery rather than a request, and that work is carried by the firm.
What this kind of claim can recover
| Period | Driver status | Coverage that applies |
|---|---|---|
| 1 | App off | The driver's personal auto policy only |
| 2 | App on, waiting for a request | Contingent liability cover at limited amounts |
| 3 | Ride accepted, en route to collect | Commercial liability cover of one million dollars |
| 3 | Passenger in the vehicle | Commercial liability cover of one million dollars, plus UM and UIM |
More on rideshare accidents
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ReadDeadline to File a Rideshare Claim
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ReadWho Can File a Rideshare Claim?
Passengers, drivers, occupants of other vehicles, cyclists and pedestrians can all claim after a rideshare collision.
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Related practice areas
Injury claims overlap. These are the areas most often connected to this one.
Who handles rideshare accidents at the firm
Shanna Valentine
Attorney
St. Thomas University School of Law, Miami, Florida
Nick Reed
Attorney
St. Thomas University School of Law, Miami. Dual JD and MBA, with honors.
Frequently asked questions
While a passenger is in the vehicle the rideshare company's commercial policy of one million dollars applies, alongside uninsured and underinsured motorist coverage. That applies whether the rideshare driver or another driver caused the collision.
It decides everything about coverage. App off means only the driver's personal policy. App on and waiting means limited contingent cover. Ride accepted or passenger aboard means the full commercial policy. Proving which period applied usually requires trip records from the company.
Usually the claim is made against the applicable insurance rather than the company, because drivers are classified as independent contractors, which limits vicarious liability. The insurance structure is what provides the recovery.
It depends on the period and on who caused the collision. Many personal auto policies exclude commercial use, so the rideshare policy and any uninsured motorist cover it provides often become the relevant source.
Screenshot the trip in the app before anything is deleted, note the driver and vehicle, report the collision through the app, and get medical attention. The in-app trip record is the cleanest proof of app status.
Nothing to start, and no fee unless the firm recovers. The particular cost in these claims is obtaining the company's trip and app status records, which sometimes requires formal discovery, and the firm carries that.
Find out where your claim stands
A free consultation covers what your claim requires, what the deadline is, and what insurance coverage is actually available.
Contingency fee. You pay nothing unless we win.