Uber or Lyft passengers who suffer injuries in a car accident may run into complications trying to recover compensation on their own. The rideshare company may deny responsibility for the crash or the driver’s auto insurer may not offer a fair settlement.
If injuries from an Uber or Lyft accident left you with medical bills, lost wages, pain and suffering, and other losses, D. Miller & Associates, PLLC, can help you pursue compensation by filing an insurance claim to cover your damages. Call us today at 713-850-8600 to schedule a free case evaluation with an Uber and Lyft accident lawyer in Beaumont.
We can discuss the legal options available in Texas and help you build a solid case to hold the rideshare driver or their employer liable for your injuries.
Do Texas Laws Regulate Rideshare Companies?
Texas enacted House Bill 100 in May 2017 to regulate Uber, Lyft, and other rideshare companies across the state. The bill established passenger safety and other standards for the companies to follow statewide, and overturned local laws that previously regulated rideshare companies.
Rideshare companies like Lyft and Uber must also maintain certain levels of liability insurance coverage, under Texas state law.
What Are the Insurance Requirements for Rideshare Drivers and Companies?
Since Uber and Lyft drivers are independent contractors and not employees of the rideshare companies, they use their personal cars and carry their own liability coverage. An Uber or Lyft driver must have the basic liability coverage Texas requires of all vehicle owners:
- $30,000 per person;
- $60,000 per accident; and
- $25,000 for property damage per accident.
When rideshare drivers turn on their apps and log into the Uber or Lyft network, however, the insurance requirement changes—even when drivers do not have passengers. Once a rideshare driver is logged into the app but has not yet picked up a passenger, their auto insurance policy shifts to their employer’s plan. Under state law, Uber and Lyft must meet these minimum levels of coverage:
- $50,000 for bodily injury per person;
- $100,000 for bodily injury or death per accident; and
- $25,000 for property damage per accident.
Once an Uber or Lyft driver picks up a passenger, insurance coverage levels change again. In this circumstance, the rideshare company must provide:
- $1 million in coverage for death, bodily injury, and property damage for each accident;
- Uninsured or underinsured motorist coverage; and
- Personal injury protection coverage.
We can help you understand which insurance policy was in effect when your crash occurred. Once we identify whether the driver’s personal auto liability policy was in effect or their employer was providing coverage at the time of the crash, we will begin the process of seeking compensation for your related damages.
How Do I Recover Compensation for My Uber or Lyft Accident?
You may recover compensation by filing an insurance claim against the at-fault party’s auto insurer. However, before filing a claim, we must first identify the party who caused your accident to establish who to hold liable for your damages. Since Texas is a fault state, the at-fault party pays for injuries and property damage. We determine liability by securing evidence, such as:
- A police report of the accident;
- Your statement about the crash;
- Your medical records showing the severity of your injuries;
- Eyewitness testimony;
- Photographs of the accident scene; and
- Traffic or surveillance camera video of the accident.
In some instances, Uber or Lyft will deny liability for an accident and place the blame on another driver. If our investigation determines the rideshare driver was at fault—and they were working or had a passenger—we can file your claim against the rideshare company’s insurance policy.
Do I File a Claim With the Driver’s Insurer or the Company’s Insurer?
It depends on the circumstances of your accident. After we discuss the details of your crash and collect our evidence, we can determine which insurance company will handle your claim.
If you were a passenger in a rideshare vehicle, the company insurance policy should handle your claim. If a rideshare driver hit your car, the answer will depend on whether they were working at the time or had a rider in their car when the accident occurred.
If an Uber or Lyft driver caused your crash but does not have insurance, or the driver’s insurance does not cover the entire amount of your damages, we can make a claim with the rideshare company’s auto insurer to pay the difference.
What If Another Driver Caused the Accident?
If a driver—other than your rideshare driver—caused the crash, you can hold them responsible for your losses. In this case, we would conduct our investigation in much the same way to prove the other driver’s fault in the wreck. Then, after we obtain proof of your damages, we will file a claim with that driver’s insurance company.
What Happens After I File a Claim?
We will negotiate a fair settlement on your behalf with the at-fault party’s auto insurer. We will help you pursue compensation for your damages, such as:
- Current and future medical expenses;
- Lost wages;
- Loss of earning capacity; and
- Pain and suffering.
Insurance companies want to save money. Often, an insurer offers a low payout or provides reasons to reject your claim. We aggressively advocate for you to receive the full compensation that you deserve. If necessary, we will file a personal injury lawsuit to get the money you need to pay for your losses.
We Can Help You Recover Compensation for Your Uber or Lyft Accident.
You can rely on D. Miller & Associates, PLLC, to work hard to get the compensation you deserve for your rideshare accident. We work on contingency, so you do not have to pay for our services until we recover a settlement in your case. Call us today at 713-850-8600 for a free consultation with an Uber and Lyft accident attorney in Beaumont.
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