You may be able to sue Uber or Lyft for injuries you suffered in an accident with a rideshare vehicle in Texas. However, the insurance policy that covers your accident may depend on the status of the driver at the time of the wreck and the details of your accident.
Uber and Lyft Insurance Policies Based on the Status of the Driver
Under Uber’s insurance policies and Lyft’s insurance policies, coverage depends on the driver’s status when the wreck occurred.
Driver Is “Offline”
When a driver is “offline,” it means they are not working at the time of the accident. In this situation, you cannot sue Uber or Lyft for injuries from an accident caused by an off-duty rideshare driver; you would treat the crash like a regular car accident and pursue a case against the at-fault driver.
Uber and Lyft insurance policies cover accidents caused by their rideshare drivers while the drivers are waiting to give a ride, on their way to pick up a passenger, or transporting a passenger.
Driver Is Waiting To Give a Ride
If the driver has not accepted a request but is “on the app” and waiting for a rider, here is a breakdown of both companies’ insurance coverage (they are essentially the same):
- $50,000 per person injured in a wreck ($100,000 per accident)
- $25,000 in property damage per accident
Driver Accepted a Ride Request or Is Transporting a Rider
Both Uber and Lyft carry a $1 million insurance policy that covers accidents that happen after a driver accepts a ride — meaning the rider does not have to be in the vehicle for this insurance policy to apply — or while the driver is transporting a passenger.
Recoverable Damages Against Uber or Lyft
If you were injured in an accident involving an Uber or Lyft driver, you may be able to recover damages from the rideshare companies’ insurance policies. Some of these damages may include:
Medical Expenses
You may have spent time in the emergency room, intensive care, surgery, or had an extended hospital stay. You may also have follow-up doctor visits or take prescription medication for your injuries.
Lost Wages
If you were out of work while recovering from your injury, you may be able to recover your lost wages. If you are unable to return to work or have to accept a job that pays less than your previous job, you may also be able to recover your future lost earnings.
Pain and Suffering
Severe injuries may cause physical and emotional pain and suffering. You may qualify for recovery for these noneconomic damages.
Parties That May Have a Case After an Uber or Lyft Accident
You may have a legal case if you were a rideshare passenger, rideshare driver, or third party.
Rideshare Passengers
A rideshare passenger may file a claim with Uber or Lyft’s policy if the rideshare driver is responsible for the accident. If a third party caused the crash, the rideshare passenger may qualify to file a claim against the third party’s insurance. If the at-fault third party driver was uninsured, the passenger may file a claim under Uber or Lyft’s uninsured motorist coverage.
Rideshare Drivers
If a third party caused the wreck, rideshare drivers may be able to file a claim against the third party’s insurance. If the at-fault third party driver was uninsured, the rideshare driver may file an uninsured motorist claim with Uber or Lyft’s policy.
Third-Party Drivers
Third-party drivers may file a claim with Uber or Lyft’s policy if the rideshare driver caused the wreck.
What to Do If You Have Been in an Uber or Lyft Accident
In the event you suffered injuries in an Uber or Lyft accident, take the following steps for your safety and to preserve evidence:
- Call 911. This establishes proof the accident occurred and creates a police report of the event.
- Take photos of the accident.
- Speak with eyewitnesses. Get their names and contact information.
- Write down the Uber or Lyft driver’s information.
- Take screenshots of your ride receipt and ride reservation.
Get a Free Case Evaluation After an Uber or Lyft Accident
If you have been in an accident involving a rideshare company, an Uber and Lyft accident lawyer from our firm may be able to help you. Call D. Miller & Associates, PLLC at 713-850-8600.
