If you placed your trust in the driver and the rideshare company, and now you’re recovering from a wreck you had no part in causing, you need a dedicated Texas Uber passenger lawyer to protect your interests.
As a passenger, your position is unique; multiple insurance policies may come into play, including substantial corporate coverage from the rideshare company. An attorney focuses on securing the maximum compensation available so you can focus on healing.
Key Takeaways for Texas Rideshare Passenger Claim
- Rideshare passengers are typically not at fault for a collision, which simplifies liability questions.
- Depending on the driver's status when the crash occurred, you may have access to the driver’s personal insurance, a third party's insurance, and Uber or Lyft's commercial insurance policies.
- Rideshare companies like Uber and Lyft carry $1 million or more in liability coverage, as well as Uninsured/Underinsured Motorist (UM/UIM) coverage, for their passengers.
- Insurance adjusters for any involved party aim to settle claims for the lowest amount possible.
- A Texas Uber passenger lawyer handles the entire claims process, from investigation to negotiation, on your behalf.
Rideshare Passengers Have Unique Protections
As a passenger, you likely carry zero responsibility for the crash. This fact fundamentally changes the dynamics of your personal injury claim compared to a claim made by one of the drivers.
Your status as a passenger typically gives you a clear position from which to seek compensation for your injuries and other losses.
Accessing Multiple Insurance Policies
A rideshare accident can involve several layers of insurance coverage, and identifying every available policy is a critical step in the process.
Depending on the specifics of your accident, you may be able to file a claim against:
- The At-Fault Driver: The driver who caused the collision, whether it was your rideshare driver or the driver of another vehicle, may be liable for your damages.
- The Rideshare Company: Uber or Lyft's commercial insurance policy provides substantial coverage.
- UM/UIM Coverage: This applies when the at-fault driver has no insurance or not enough insurance to cover your damages.
A Texas Uber passenger lawyer evaluates the accident and determines the best strategy for your claim, and creates a clear plan for pursuing the compensation needed for your recovery.
Uber and Lyft's Commercial Coverage
Rideshare companies maintain significant corporate insurance policies to protect passengers. This coverage activates when the driver accepts your ride request and continues through drop-off. This commercial insurance often provides a much higher policy limit than a standard personal auto insurance plan.
While a typical driver in San Antonio may carry the minimum liability coverage, Uber and Lyft’s policies can provide $1 million in liability coverage during an accepted trip.
An experienced Texas Uber passenger lawyer knows how these specific policies work and how to build a case that shows the full extent of your damages.
Understanding Uber's $1 Million Insurance Policy
The widely advertised $1 million policy is a cornerstone of rideshare company liability. This coverage exists specifically for situations like yours, where a passenger suffers an injury during a contracted ride.
This policy isn’t automatic, however. An insurance company still defends itself against claims, making the details of the policy application quite important.
When Does the Policy Apply?
Uber and Lyft’s insurance structure operates in different phases. The highest level of coverage, including the $1 million liability limit, applies during a specific window: when the driver accepts your ride request and is en route to pick you up.
It continues for the entire duration of your time in the vehicle and ends when the driver concludes the trip in the app. If your accident happened anytime within this window, from ride acceptance to drop-off, this substantial corporate policy is considered active.
An accident outside a busy area, such as the San Antonio International Airport, or after a pickup from North Star Mall, falls under this protection.
What Damages Does the Policy Cover?
When you file a passenger injury claim, you can seek recovery for a wide range of losses to account for every way the accident has impacted your life, both financially and personally. An attorney helps you identify and calculate these damages.
Your claim may include the following:
- Medical Expenses: You may seek compensation for all past and future medical care related to the accident, including hospital stays, surgeries, physical therapy, and medication.
- Lost Wages: Your claim may recover the income you lost while unable to work, as well as any reduction in your future earning capacity due to your injuries.
- Physical Pain: You may pursue damages related to the physical pain and suffering you have endured because of your injuries.
- Mental Anguish: This compensation addresses the emotional and psychological distress resulting from the traumatic event, such as anxiety or post-traumatic stress.
The Role of Uninsured/Underinsured Motorist Coverage
A serious problem arises when an at-fault driver lacks insurance or carries only the minimum amount required by Texas law. Your medical bills alone might quickly exceed their policy limits. In these cases, the rideshare company's UM/UIM coverage becomes essential.
This policy acts as a safety net for passengers. If the responsible driver cannot cover your damages, your legal team can pursue a claim against the rideshare company’s UM/UIM policy, which can help cover damages when the at-fault driver is uninsured or underinsured.
3 Steps To Take To Protect Your Passenger Injury Claim
Your actions following the accident can significantly impact the outcome of your claim. Once you take care of your immediate medical needs, a few additional steps can help you build a strong foundation for your case.
1. Report the Accident Through the App
The rideshare app is a central piece of evidence and contains a digital record of your trip, including the driver’s name, the vehicle information, the route taken, and the exact times of the trip. Uber and Lyft have a specific process for reporting an accident through their platform.
Use the app to formally report that you were involved in a crash to create an official record with the company. Stick to the facts of the event and avoid any speculation about fault or the severity of your injuries.
2. Document Everything You Remember
Memories of a traumatic event can fade or become less clear over time. Write down everything you can remember about the accident as soon as you can. Your perspective as a passenger provides a unique and valuable point of view.
A few details you can document include:
- Before the Crash: Note your observations about the driver's behavior, such as their speed or attention to the road.
- The Crash Itself: Describe what you saw, heard, and felt during the impact.
- After the Impact: Record what the drivers said to each other and what you observed about the scene.
- Your Injuries: Keep a journal detailing your pain levels, physical limitations, and how the injuries affect your daily life.
3. Follow Your Doctor's Treatment Plan
Consistently following your medical provider's advice is crucial for your health and your legal claim. Attend all scheduled appointments, including follow-ups and physical therapy sessions. Fill all prescriptions and take them as directed.
Following your treatment plan demonstrates to insurance companies that you’re taking your recovery seriously. Gaps in treatment or failures to follow medical advice can give an adjuster an excuse to argue your injuries are not as severe as you claim.
How Insurance Companies Handle Rideshare Passenger Injury Claims
Insurance companies, including those that represent rideshare corporations, are for-profit businesses. Their primary responsibility is to their shareholders, not to you. Adjusters are trained to resolve claims by paying out as little as possible.
The Initial Contact and Recorded Statement Requests
Shortly after the accident, you can expect a call from an insurance adjuster. They may seem friendly and helpful, but their goal is to gather information they can use to limit the value of your claim. One of their most common tactics is to ask for a recorded statement.
You have no obligation to provide a recorded statement. Adjusters can use your words, taken out of context, against you later. Decline this request until you have consulted with a Texas Uber passenger lawyer.
Insurance companies use several other strategies to devalue legitimate claims:
- Blaming Pre-Existing Injuries: An adjuster may attempt to prove your injuries existed before the crash or resulted from a different event.
- Scrutinizing Your Treatment: They might question the necessity of certain medical procedures or the duration of your care to avoid paying for it.
- Offering a Quick, Low Settlement: An insurance company may present a quick, lowball settlement offer before you know the full extent of your future medical needs.
Why the First Settlement Offer Is Rarely the Best
The first offer an insurance company presents is almost always lower than the actual value of your passenger injury claim. The adjuster hopes you are stressed about your financial situation and will accept the fast payment without argument.
The first offer typically doesn’t account for future medical expenses, lost earning potential, or non-economic damages, such as pain and suffering.
How a Texas Uber Passenger Lawyer Helps Your Claim
Hiring legal representation changes the dynamic between you and the insurance companies. An attorney acts as your advocate, managing every aspect of your claim and fighting for your best interests. This support allows you to dedicate your energy to your physical and emotional recovery.
Your attorney provides several key services throughout the claim process, including:
- Official Representation: Your attorney notifies all involved parties that they represent you, which means all future communication must go through their office. Their advocacy protects you from accidentally saying something that ends up hurting your own claim.
- Evidence Collection: Your legal team gathers all relevant documents, such as the police report, medical records, witness statements, and the rideshare company’s trip data.
- Damage Calculation: Your Texas Uber passenger lawyer works with you to document every loss you have suffered and then calculates a comprehensive total for your claim.
- Negotiation: Your attorney presents a formal demand to the insurance company and negotiates to reach a fair settlement.
- Litigation: An attorney can file a lawsuit and represent you in court if the insurance company refuses to make a reasonable offer.
FAQ for Texas Uber Passenger Claim
How Long Do I Have To File a Passenger Injury Claim in Texas?
In Texas, the statute of limitations for personal injury claims is generally two years from the date of the accident. It’s important to act well before this deadline expires. Building a strong case takes time, and key evidence can become more challenging to obtain as months pass.
What if I Were Not Wearing a Seatbelt When My Uber Crashed?
An insurance company may try to argue that your failure to wear one contributed to your injuries. However, this doesn’t automatically bar you from receiving compensation, though it can reduce the amount of your recovery.
Do I Still Have a Case if My Uber Driver Was Not at Fault?
As a passenger, your ability to recover compensation doesn’t depend on your rideshare driver being at fault. If another driver caused the collision, you can file a claim against their insurance policy.
If that driver is uninsured or underinsured, you can then seek compensation through the UM/UIM coverage provided by the rideshare company.
How Does a Texas Uber Passenger Lawyer Prove the Full Value of My Case?
An attorney proves the value of your case by collecting and presenting detailed evidence. This includes all your medical bills, reports from your doctors detailing your prognosis, records of your lost wages confirmed by your employer, and expert testimony if needed.
They also utilize their knowledge and experience to document your pain and suffering, demonstrating the human cost of the accident.
Can I File a Claim if I Was a Passenger in a Friend’s Uber?
Your status as a passenger isn’t dependent on who ordered or paid for the ride. If you were a passenger in an active Uber or Lyft ride requested by someone else, you have the same rideshare passenger rights as the person who booked the trip.
Take Control of Your Recovery
You have rights, and a powerful insurance policy exists to cover your damages. The team at Cowen | Rodriguez | Peacock helps injured passengers gain access to it and holds the responsible parties accountable. Contact us today online for a free consultation to discuss your case.