Top Dallas Ride-share accident attorneys

If I get injured in an accident caused by my rideshare driver, am I covered by the insurance provided by the ride-sharing service?

In most cases, yes. Uber and Lyft – the two most popular ride-sharing services in Dallas – both offer their users coverage of up to $1 million per accident under their primary liability insurance for rideshare drivers. A passenger is covered by this insurance for the duration of the ride from pick-up until the driver ends the trip using the app. 

However, if you’ve sustained injuries while riding with Lyft and carry commercial or personal insurance that provides coverage for ride-sharing accidents, Lyft’s liability insurance will cover you only in excess of your own policy limits.

I am a third-party (pedestrian, another driver, etc.) who was injured in an accident caused by a rideshare driver. Can I sue Uber or Lyft directly?

Unfortunately, you most likely won’t be able to sue a ride-sharing company, such as Uber or Lyft, for your injuries. Ride-share drivers work for these companies as independent contractors, not employees so the principle of vicarious liability – the responsibility of an employer for the acts of their employees, does not apply.

Does this mean I won’t be able to recover any compensation?

If you are a pedestrian or another motorist injured in an accident caused by an Uber or Lyft driver, you may still file a claim against the driver at-fault. In Texas, rideshare drivers are required by law to carry insurance policies with liability limits higher than those required of regular drivers. These limits provide coverage of:

• Up to $50,000 for bodily injury per person injured in an accident
• Up to $100,000 total for bodily injury per accident
• Up to $25,000 in property damage per accident

You may also be eligible for a compensation payout in excess of these limits depending on the driver’s ride-sharing application status at the time of the accident. 

I heard that Uber and Lyft provide different kinds of liability coverages for their drivers depending on ride periods. What does that mean?

Ride periods depend on the status of the rideshare application as set by the driver. There are 3 main ride periods: 

• Rideshare app is off: If the driver’s Uber or Lyft app was off when they caused an accident, the victim will be covered under the driver’s personal liability insurance. The injured party will have to bring a claim against the driver to recover damages.
• Rideshare app is on: If the driver caused an accident when logged in to their Uber or Lyft app and waiting for a ride request (not actively carrying a passenger or driving to pick them up), the injured party will not be covered by the $1 million liability policy offered by the ride-sharing service. Instead, the victim may be covered by another liability coverage offered by Uber and Lyft with limits of up to $50,000 for bodily injury per person injured in an accident, $100,000 for bodily injury per accident, and $25,000 in property damage per accident.
• Rideshare driver is about to pick up the passenger or is carrying the passenger: If an accident occurs while the rideshare driver is en route to pick up the passenger or when the passenger is already on board, the injured party may be eligible for the $1 million liability coverage offered by the ride-sharing company.

I was injured in an accident caused by my rideshare driver. What compensation may I be eligible for?

As a user of a ride-share service, you are covered by the $1 million liability policy for the duration of your trip. Even if your rideshare driver was at-fault in the accident that caused your injuries, you are still liable for compensation under the primary liability policy provided by the rideshare service provider.

I was injured while riding as a passenger in a ride-share vehicle in an accident caused by another driver. Will the ride-share company’s insurance still cover me?

In this scenario, you will have to file a claim against the at-fault driver; Uber and Lyft liability insurance is unlikely to cover your injuries and the resulting expenses.

The driver who caused the accident with the rideshare car I was in was underinsured. Is there any way to recover my medical expenses and other financial losses?

Yes, you will likely be able to recover your damages in excess of the underinsured driver’s policy limit under Uber or Lyft’s underinsured motorist coverage (UIM). Similarly, if the at-fault driver was uninsured, you will be covered by the uninsured motorist coverage (UM) offered by the ride-sharing service provider. 

Can Uber or Lyft deny my compensation claim?

Yes, in any of the scenarios mentioned above, your compensation claim can be denied by the insurance companies representing Uber or Lyft. Unfortunately, these insurers are notorious for making it difficult for a victim injured by a rideshare driver to recover damages for the injuries even if they are eligible for such compensation. 

If you have been injured by an Uber or Lyft driver and your claim was denied, please rest assured that your options for compensation do not end here. Please contact The Barber Law Firm to learn how your situation can be best addressed.

I caused an accident while transporting a ride-share passenger. Am I liable for compensation for their injuries?

Yes, if you caused an accident and your passenger got hurt, you will be liable for the resulting injuries. If they file a claim against you, your personal liability insurance will cover their medical expenses as well as other financial losses related to the accident. However, if their losses exceed your policy limits, the ride-sharing company you work for will provide insurance for damages in excess of your liability coverage. Uber and Lyft both offer liability coverage of up to $1 million per accident. 

What if the accident was caused by another driver?

If your passenger sustained injuries in an accident that was caused by another driver, they will have to file a third-party injury claim against the at-fault driver with their insurance company. You won’t be liable for the injuries or the resulting financial losses.

If I cause an accident with another driver or hurt a pedestrian while driving my ride-share vehicle, will the rid insure-share company’s insurance pay for their injuries?

In most cases, your personal liability insurance will be used to cover the financial losses of a driver or pedestrian you injured while driving your Uber or Lyft vehicle. Whether the ride-sharing company’s liability insurance will also kick in to cover the victim’s damages in excess of your policy limits will depend on the ride period during which the accident took place. The ride period will also determine liability coverage limits offered by the company. You can learn more about ride periods according to Lyft and Uber from insurance policies available on their websites.

If my passenger carries an open container in the vehicle during the trip, can I get pulled over by the police and charged with DUI?

Texas state law explicitly forbids carrying an open container containing alcohol in the car. While you won’t be charged with DUI if your rideshare passengers are carrying an open container, you may be fined for having one in your car. Your passengers will likely be fined as well. As a Class C misdemeanor, the fine for carrying an open container in Texas can amount to up to $500.

As ride-share services are an increasingly common way of getting around densely populated cities with heavy traffic, getting into an accident while using a ride-share platform can result in serious injuries. Such injuries often entail high medical expenses and require long and expensive rehabilitation. Typically, rideshare accident victims may sustain the following kinds of injuries:

• Head trauma
• Broken bones
• Broken ribs
• Internal bleeding
• Spinal cord injuries
• Whiplash
• Scarring and disfigurement

If you have sustained injuries like these in a rideshare accident, you may now be facing crippling medical bills and an inability to work. A compensation claim is your best bet to getting back on your feet as soon as possible.

Don’t wait to contact The Barber Law Firm about your ride-share accident. The initial consultation is completely free and if we decide to work together, our team will be committed to delivering outstanding results. Your first step to complete recovery is only a phone call away.