Injured in a Texas Rideshare? Get Max Compensation
If you were hurt in a Texas Uber or Lyft ride, you may be covered by layered insurance policies that depend on the driver’s app status. Learn how fault, insurance tiers, and Texas law affect your claim, what to do after a crash, and how a lawyer can help you pursue full compensation.
Why rideshare crashes are different in Texas
Rideshare claims often involve multiple insurance layers: the driver’s personal auto policy and the transportation network company’s (TNC) policy. Which policy applies can change as the driver’s app status changes (offline, available, en route, or during a trip). Texas law imposes specific insurance obligations on TNCs in addition to general financial responsibility rules. See Texas Insurance Code, Chapter 1954.
Which insurance applies: app status matters
- Driver offline: Typically, only the driver’s personal auto policy applies.
- Driver online/available (no ride accepted): Coverage must meet the statutory minimums while the driver is logged in but not engaged in a ride; this can be satisfied by the driver’s policy, a TNC policy, or a combination. See Tex. Ins. Code § 1954.052.
- Accepted a ride or transporting a passenger: A primary TNC policy applies and must provide at least $1,000,000 for death, bodily injury, and property damage during a prearranged ride. See Tex. Ins. Code § 1954.053.
Actual limits, exclusions, and the order of payment depend on Texas law and the TNC’s policy language. Identifying the correct layer early can materially affect timing and value of recovery.
Fault and comparative responsibility in Texas
Texas uses a modified comparative responsibility system. If you are partially at fault, your damages are reduced by your percentage of responsibility. See Tex. Civ. Prac. & Rem. Code § 33.012. If your percentage of responsibility is greater than 50%, you cannot recover damages. See § 33.001.
Liability can be disputed among the rideshare driver, another motorist, or even third parties (for example, a vehicle manufacturer or a road contractor). Prompt evidence collection helps protect your claim.
What to do right after a rideshare crash
- Call 911 and seek medical attention. Report symptoms even if they seem minor.
- Get the crash report number and the responding agency.
- Screenshot your rideshare trip details (driver name, license plate, timestamps) and save in-app receipts.
- Gather names, phone numbers, and insurance info for all drivers and witnesses.
- Photograph vehicle positions, damage, skid marks, debris, and visible injuries.
- Preserve the vehicle and your phone; avoid deleting ride or location data.
- Do not give a recorded statement to any insurer before speaking with legal counsel.
Quick checklist to protect your claim
- Save trip screenshots and in-app receipts
- Request and note the police report number
- List all treating providers and dates of care
- Notify your own auto insurer promptly
- Track out-of-pocket expenses with receipts
- Avoid social media posts about the crash
Practical tips
- See a doctor early: Gaps in treatment can reduce settlement value.
- Keep a pain journal: Brief daily notes help document symptoms and limitations.
- Centralize records: Store medical bills, EOBs, and photos in one folder.
Damages you can pursue
Depending on the facts, recoverable damages may include medical expenses, lost income and diminished earning capacity, property damage, out-of-pocket costs, pain and suffering, physical impairment, and, in severe cases, disfigurement. If a loved one was killed, eligible family members may pursue wrongful death and survival claims under Texas law.
Dealing with Uber, Lyft, and insurers
Rideshare insurers often request app data, trip logs, and early statements. Provide necessary claim information but avoid speculation about fault. Coordinating benefits among health insurance, MedPay/PIP (if any), and TNC coverage can minimize liens and improve your net recovery. An attorney can obtain electronic trip data in discovery and negotiate with multiple carriers to prevent coverage gaps or premature denials.
Deadlines and notice requirements
Texas imposes strict time limits. In many Texas personal injury and property-damage cases, a two-year statute of limitations may apply. See Tex. Civ. Prac. & Rem. Code § 16.003. Claims involving governmental units can trigger additional notice requirements. See § 101.101. Contractual deadlines in insurance policies may also apply. Because these rules vary by situation, consult counsel promptly.
How a Texas rideshare lawyer helps
- Pinpoint which policy layers apply and in what order.
- Secure and analyze electronic trip data and telematics.
- Work with medical and reconstruction experts to prove causation and damages.
- Handle insurer communications and protect you from low offers.
- Value all categories of damages and negotiate liens to increase your net recovery.
- File suit and litigate if the insurer will not pay fair value.
Cost to hire our firm
We handle most Texas rideshare injury cases on a contingency fee—no fee unless we recover compensation for you. We advance case costs and are reimbursed only from a recovery. Terms are subject to a written fee agreement.
Frequently asked questions
What if the rideshare driver was not at fault?
You may still have a claim against another at-fault driver or a third party. TNC coverage can apply based on app status even when another motorist caused the crash.
Do I have to give a recorded statement?
No. You can provide basic claim information, but decline recorded statements until you consult an attorney.
Will health insurance affect my settlement?
Yes. Health insurers and government plans may assert liens. Proper coordination and negotiation can reduce liens and increase your net recovery.
How long do rideshare claims take?
Timelines vary with liability disputes, medical treatment duration, and policy-layer coordination. Complex cases may require litigation.
Free consultation
If you were injured in an Uber or Lyft anywhere in Texas, we can help evaluate app status, insurance coverage, and your medical needs. Contact us today for a free case evaluation.
Legal citations
- Tex. Ins. Code § 1954.052 (Logged-in but not engaged coverage)
- Tex. Ins. Code § 1954.053 (Primary $1,000,000 coverage during a prearranged ride)
- Tex. Civ. Prac. & Rem. Code § 33.001 (Over 50% fault bar)
- Tex. Civ. Prac. & Rem. Code § 33.012 (Reduction by percentage of responsibility)
- Tex. Civ. Prac. & Rem. Code § 16.003 (Two-year limitations in many PI/property cases)
- Tex. Civ. Prac. & Rem. Code § 101.101 (Notice requirements for claims against governmental units)
Disclaimer: This blog post is for general information only, not legal advice, and does not create an attorney-client relationship. Laws and deadlines can change and may vary by situation. Consult a licensed Texas attorney about your specific case.