Rideshare Accidents Attorney in Missouri City, Texas

Ordering a rideshare to get where you need to go is becoming increasingly popular. All information is stored in the rideshare app, so there’s no need to dig out your credit card or cash to pay the driver.      

The convenience and lower cost of rideshare transportation over the traditional taxi is attractive to many people. In fact, in 2021, 118 million people worldwide took an Uber. That doesn’t account for other similar companies, such as Lyft.   

If you were injured as a passenger in a taxi or by a negligent taxi driver, the company that owns the business and the car would be liable for your damages. If you are injured in an accident while a passenger in a rideshare vehicle or by a rideshare vehicle, whose liability insurance do you file a claim against? The answer can be complicated.   

At K.E. Bradley Attorney & Counselor at Law, I enjoy using my practice to represent injury victims of rideshare-involved accidents in Missouri City, Sugarland, Katy, Friendswood, Pearland, and Fresno, Texas. When you incur medical expenses and other damages in an accident caused by someone else’s negligence, I help you determine who bears financial responsibility.

Liability in a Rideshare Accident 

Multiple and sometimes competing variables may come into play in a rideshare-involved accident when determining liability.     

If you are a passenger in a rideshare vehicle and the rideshare driver causes an accident that results in your injuries, the rideshare company would be liable for your damages. That is because, at the time, the driver was working in the agency of the ride-hailing company, which puts the company’s liability insurance coverage into play. Uber and Lyft have major liability coverage of up to $1 million.

If you are a rideshare passenger and another driver causes the accident, the other driver is liable for your injuries. However, you may be able to take advantage of some coverage provided by the company. For example, if the at-fault driver flees and scene, is uninsured, or doesn’t have enough insurance to compensate you fully for your injuries and other damages, you can file a claim against Uber’s underinsured/uninsured motorist coverage. You may also be able to claim medical payment or personal injury protection (PIP) benefits included in Uber’s policy, regardless of who was at fault.   

If the vehicle you’re in is hit by a negligent Uber or Lyft driver, what coverage is at your disposal depends on the rideshare driver’s status at the time of the crash.

1. If the driver was logged off, did not have a passenger, and was not on the way to pick up a passenger, you would need to pursue a claim against the driver’s personal auto insurance. 

2. If the rideshare driver was conveying or on the way to pick up a passenger at the time of the crash, you could file a claim against Uber’s or Lyft’s major liability coverage.  

3. If the rideshare driver was logged onto the app but didn’t have a passenger and was not on the way to pick one up, you could file a claim against the basic liability coverage maintained by Uber or Lyft. That coverage has policy limits of $50,000 per person, $100,000 per accident, and $25,000 for property damage. The driver’s personal auto insurance would explicitly prohibit coverage in this scenario unless the driver had purchased special coverage for rideshare drivers.  

Suing Uber or Lyft Directly 

You can sue Uber or Lyft directly if the driver was logged onto the rideshare app at the time of the crash and the driver caused the crash. Whether you can file a claim against the rideshare company’s basic or major liability coverage depends on factors discussed previously. 

What to Do if You Are in a Rideshare Accident 

The first thing you should do if you are in a rideshare accident is to seek immediate medical attention, even if you don’t think or aren’t sure you’re injured. Being examined and treated for injuries right away may be crucial to your recovery, and some injuries are not readily apparent. You will also need a diagnosis relating your injuries to the accident if you file a personal injury claim.   

Make sure you or someone involved reports the accident using 911. That way, the appropriate law enforcement, and first responders will be dispatched to the scene, and the crash will be officially investigated.   

Gather as much information as you can, such as the names, insurance, and contact information of all those involved in the crash, as well as the names and contact information of any witnesses to the incident. Take photos of your injuries and the crash scene, and write down your recollection of events while they are still fresh in your mind. 

Request copies of relevant documents, such as your medical records and bills, and the law enforcement agency’s crash report.   

Hire a car accident attorney who has represented victims in rideshare accidents. Your attorney will handle much of the work of your claim, although you will make all decisions regarding your claim. Your personal injury lawyer will also conduct a full investigation into the fault, liability, and available insurance coverages.