It is estimated that there are tens of thousands of Uber drivers in Texas, and there are likely more than a couple thousand Lyft drivers as well. Combine this with the number of private and commercial vehicles that use Texas roads and highways daily, and you have the potential for hundreds of accidents.
Fortunately, if you use Uber or Lyft and a crash happens, you are not without options. In Texas, you can claim compensation after a rideshare accident. However, it is important to understand how rideshare insurance works. It also helps to know the circumstances under which you can claim damages.
What is Rideshare Insurance?
Ridesharing companies typically use a tiered insurance model that focuses on the driver’s app status during the accident. When the app is turned off or the driver is not logged in (Period 0 status), the driver’s personal car insurance is to be used for primary coverage during an accident.
Period 1 status refers to the app being online and the driver waiting for a passenger to request a ride. If the driver has not received a ride request and an accident occurs, the rideshare company provides limited liability coverage.
Period 2 status describes a situation where the driver is en route to a passenger or busy with a trip. This scenario offers the most comprehensive insurance coverage. The rideshare company would typically provide primary insurance, while the driver’s car insurance would be a “backup,” so to speak.
When the passenger is in the rideshare vehicle, it is referred to as Period 3. The rideshare company’s insurance policies cover accidents that occur during this period.
Claiming Compensation
Depending on who is at fault for the accident and the parties involved, you can claim compensation in several ways after a rideshare accident.
If the rideshare driver causes an accident, you can file a claim against the company’s insurance policy under Period 2. For the driver to be the liable party in an accident, they would have to drive recklessly, go over the speed limit, break traffic laws, or drive while distracted.
If the accident is severe, with high damages and serious injuries, the driver’s car insurance may also be involved.
- If another driver causes the accident, you can file a claim against their insurance policy. What typically happens is that another driver runs a red light or drives while distracted and then crashes into a rideshare vehicle. In this scenario, the rideshare company may provide supplemental coveralls depending on the period and circumstances of the accident.
- If the at-fault driver does not have car insurance or if their coverage is insufficient, it may be possible for you to claim from your own uninsured/underinsured coverage.
What To Do After a Rideshare Accident
If you are involved in a rideshare accident, there are several steps to take. The first is to get everyone involved in a safe place, especially if the accident occurred in the middle of the road.
Everyone who was involved in the accident and has sustained injuries must seek medical attention. 911 emergency responders will likely be on the scene, but you can also get a checkup from your doctor.
You should get a medical evaluation even if you feel fine after the accident. Having a medical record will help with your claim as well. Calling 911 to the scene of the accident will ensure that police arrive and write an official report. You will need a copy of this report for your claim.
Moreover, while you wait for police and emergency personnel, you should get the rideshare driver’s contact information and other details. These include name, insurance company, policy numbers, car license plate number, and the car make and model.
If there are witnesses, get their contact information if you need their testimony for your claim. At the same time, you should get all the photographic evidence you can, including photos of the damage to the rideshare car and injuries you may have sustained.
Claiming From Your Own Insurance Company
If you have car insurance, you can also file a claim from your own insurance company. Your coverage can help pay for immediate damage, including medical bills.
Furthermore, you must report the accident to the rideshare company. If you were involved in an accident where a rideshare driver crashed into your car, the rideshare company’s insurance will likely help cover your damages.
Recoverable Damages
Both Uber and Lyft are responsible for keeping passengers safe. This is why they enforce safety standards and ensure their drivers pass background checks.
However, accidents do happen. You can claim compensation if you are a rideshare passenger and a crash occurs. You can claim medical costs, rehabilitation expenses, lost income, and pain and suffering.
Getting Legal Representation
It is important to consult a lawyer if you have been involved in a rideshare accident. Compensation claims are notoriously complicated, but an experienced lawyer can guide you through the process.
When you hire a personal injury lawyer, they will investigate the accident. They will identify the liable party and determine how much your compensation claim is worth.
Your lawyer will also negotiate with the insurance provider on your behalf. This will prevent you from being pressured into accepting an unfair offer.
Throughout the claims process, your lawyer will advise you on which steps to take. If there is no way to settle your claim with the relevant insurance provider, your lawyer can prepare your case for court. They will handle all legal filing procedures and court appearances.
With a lawyer’s help, you can have enough time to focus on your recovery if you sustained serious injuries in the accident. Lastly, your lawyer will also ensure that your case is filed long before the two-year statute of limitations runs out.
Life After a Rideshare Accident
Being involved in any type of accident is traumatic. Accidents bring with them the potential for serious injury, massive medical debt, and financial loss. This is why hiring a lawyer for your personal injury case is crucial. It increases your chances of getting fair compensation, allowing you to move on with your life faster.
