Rideshare companies like Uber and Lyft revolutionized the way Katy residents and visitors get around the city. However, the unique way these companies work makes the insurance claims process complicated. Luckily, Texas has laws that ensure you have a way to recover compensation for your injuries if a driver causes a crash while working for a rideshare company.
The personal injury attorneys at D. Miller & Associates, PLLC, can help you recover the payout you deserve after an Uber or Lyft crash. We know how Texas rideshare laws work, and can help you understand how they apply in your case. We will identify the proper insurance company to handle your liability claim and hold the negligent driver responsible for their actions. Call our office today at 713-850-8600 for a free case evaluation with an Uber and Lyft accident lawyer in Katy.
How Does the Texas Rideshare Insurance Law Protect Riders and Other Motorists?
Since rideshare companies are relative newcomers to Texas, lawmakers are still ironing out the statutes that regulate the way these businesses operate. Texas did not have a law regulating liability insurance coverage for Uber and Lyft drivers until 2016, when the current law took effect across the state.
This law requires rideshare drivers to carry a liability policy that provides coverage while they are working. It also requires the rideshare company to provide contingency coverage in case the driver’s insurer denies the claim. If you are a passenger in a rideshare vehicle or if a rideshare driver hits your vehicle, the rideshare company should provide liability coverage.
Whose Insurance Company Pays out If an Uber or Lyft Driver Hit Me?
The insurance company responsible for paying out your claim depends on whether or not the Uber or Lyft driver was working at the time of the accident. This makes filing this type of claim complicated.
If the Driver Was “On the App,” but Did Not Have a Ride Planned
If a rideshare driver causes an accident while still waiting to claim a ride, their personal auto liability policy should pay out for your damages, including medical care, lost wages, and pain and suffering. If the driver’s personal insurer refuses, the rideshare company’s contingency coverage may be available. This coverage must kick in when:
- The driver’s personal auto liability provider denies a claim;
- The driver does not have insurance; or
- The driver’s policy pays out its maximum limit, but does not cover all your damages.
Uber’s coverage policy
pays out a maximum of $50,000 per individual or $100,000 for all injured passengers. The company also offers $25,000 for property damage. Lyft offers a similar insurance policy. Both meet the minimum for contingency coverage for rideshare companies in Texas.
If the Driver Is En Route to a Passenger or Has a Rider in the Car
If a rideshare driver is en route to pick up a ride or a passenger is already on board, the rideshare company’s liability insurance coverage should pay out to cover your damages. Both Uber and Lyft provide a $1 million liability policy that provides coverage in these cases. By filing a claim based on this policy, we can recover compensation to pay your medical bills, cover lost wages, and pay out for your pain and suffering.
Our attorneys have experience navigating the complexities of rideshare accident claims. We can help you understand which insurance company is liable for damages in your case.
Whose Insurance Pays out If I Am a Passenger in an Uber or Lyft During a Crash?
Anytime there is a passenger on a trip in an Uber or Lyft, the rideshare company’s $1 million liability coverage is in effect. If the rideshare driver causes an accident during this time, this is the policy we will file your claim based on. If another driver hits your Uber or Lyft, that driver’s auto liability insurance should cover your damages, and we will pursue a claim with their insurance company.
If the at-fault driver does not have coverage, most rideshare companies offer $1 million in uninsured and underinsured motorist coverage. This policy could pay your medical bills, lost wages, and other losses if the at-fault driver does not have insurance or does not have enough insurance.
Are Uber and Lyft Liable for Drivers’ Actions?
When a traditional taxi cab driver causes a crash, their cab company is often liable because of a legal concept known as vicarious liability. This concept holds employers responsible for the negligent actions employees take while on the job. However, since rideshare company drivers are independent contractors, not employees, vicarious liability does not apply. This frees Uber and Lyft of liability in most rideshare accidents.
Still, depending on the details of your crash, we may be able to pursue a claim against the rideshare company in your case. If you believe Uber or Lyft bears responsibility for your crash, contact our office today so we can begin an investigation into your accident.
How Does the Claims Process Work After an Uber or Lyft Accident?
Because of the complicated insurance situation with Uber and Lyft, pursuing compensation in these cases is often difficult. We can help you understand the identity of the liable party and the applicable insurance policy. We will guide you through the claims process and fight for the full value of damages available to you based on the facts of your accident.
In most cases, we can file an insurance claim with the appropriate insurer and negotiate a fair settlement that covers your accident-related expenses, pain and suffering losses, and even future care needs. This is essential if you suffered a long-term or permanent injury, such as a traumatic brain injury. Only in rare instances do we need to file a personal injury lawsuit to recover the compensation you deserve.
How Can I Talk to an Uber and Lyft Accident Lawyer in Katy, Texas?
The Uber and Lyft accident lawyers from D. Miller & Associates, PLLC, can help you recover the fair compensation you deserve after a rideshare accident. We will represent your best interests and ensure your rights remain protected throughout the entire claims process. Call us today at 713-850-8600 to discuss your case with a member of our team during a free case review.