In recent years, rideshare services such as Uber and Lyft have skyrocketed in popularity, especially in major cities such as Austin.
Almost anyone can become a driver, and in exchange, customers can get rides wherever they need to go. However, an increase in rideshare drivers on the road means there will be an increase in accidents.
But who is liable in a rideshare accident involving an uber or a lyft driver? As a passenger, what options do you have for recovery?
The experienced Austin rideshare injury attorneys at DJC Law have handled numerous cases involving Uber drivers and Lyft drivers.
Contact one of our rideshare accident lawyers to find out how they can help you get the compensation you need and deserve for your injuries.
Experienced Texas Auto Accident Lawyers Representing Victims of Rideshare Negligence
Are Uber and Lyft Drivers Required to Carry Insurance?
The victim of a rideshare vehicle accident typically has two avenues to collect compensation for injuries from a ridesharing accident.
The first involves collection through the rideshare driver’s personal auto insurance policy. All drivers for companies like Uber or Lyft are required to carry insurance.
Second, if the driver’s policy does not fully cover the claims, rideshare companies have liability coverage for their drivers
Uber maintains a $1 million policy to cover y outstanding claims. This policy covers the passengers of their ridesharing vehicles.
The drivers are also covered if they are not at fault for causing the accident. The policy extends to bystanders who get injured when a rideshare vehicle is involved.
Speaking with an experienced rideshare attorney in Austin after you've been injured in a rideshare accident cannot be overstated.
Texas only allows two years from the date of the accident to file a lawsuit for damages. In addition, hiring a lawyer can protect you from insurers trying to mitigate their damages by getting you to make a statement against your own best interests or admitting some fault in the accident.
If you hire a car accident lawyer in Austin, insurance companies are required to go through the attorney for all questions, statements, and settlement negotiations.
What Damages Can You Recover for Your Ridesharing Accident Injuries?
Passengers injured in rideshare vehicles are entitled to economic and noneconomic damages for the harm caused by a rideshare car accident.
Economic damages include property damage, current and future medical bills, lost income, and the loss of future earning capacity and benefits.
Noneconomic damages include payment for pain and suffering, emotional distress, disability, disfigurement, and the loss of enjoyment of life.
Texas operates as a modified comparative fault state, which means that if another party in the accident claims that you were partially at fault, the court will determine the degree of fault for every person involved in the accident and reduce the overall compensation by that amount.
However, if a party is found more than 51 percent at fault for the accident, they are barred from recovery. An experienced rideshare car accident attorney can fight any claims of fault in a rideshare accident and ensure that you receive the full compensation you deserve for your injuries.
Insurance Coverage and its Phases
Getting into an accident while sitting in an Uber isn’t an ideal situation, but one thing you can be assured about is all the expenses will be paid by the driver’s insurance company or the ride-sharing company. But this is provided by Austin Uber accident attorneys by your side.
Navigating through the insurance nuances is complex, but not for experienced Austin Uber accident attorneys.
- App Off: The at-fault driver’s insurance company will be liable to pay when the driver is not logged into the Uber app and is involved in an accident. However, most personal policies exclude this coverage if the driver fails to share their ride-sharing activity with the insurer.
- App On, Waiting for Ride: When the driver is logged into Uber but is waiting for a ride and gets into an accident, Uber provides $50,000 per person or $100,000 per accident for bodily injury and $25,000 for property damage. This means the accident victims will receive contingent coverage in this case.
- En-Route: Uber accidents while the driver is logged and carrying the passengers are covered by the ride-sharing company’s in-house policy. Accident victims can receive up to $1 Million in expenses and damages from the accident.
While the terms are straightforward, there are always some challenges involved when seeking a claim for damages. So, instead of dabbling with all the paperwork and stress, let an Austin Uber accident lawyers take care of everything for you.
DJC Law Austin Uber accident lawyers are highly experienced in getting accident victims fair compensation from the responsible entities.
Important Steps to Take after an Accident
First things first, seek medical attention after getting into an accident. This is not necessary from the health perspective, but delayed treatment can also harm your claim. So visit the emergency room or call for help and ensure that you have all the documents related to the accident for the Uber accident lawyer in Austin, as they will prove crucial in court.
Next, contact the Uber accident attorney in Austin at DJC Law and explain the situation. We will collect all the evidence linked to the accident, including vehicle damage, injuries, road conditions, etc. and collect the driver’s information, insurance information, and other details.
In the meantime, you also need to file a report with Uber through their helpline section and save the reply email as it’s a key piece of evidence, should the matter knock at the court’s door. Plus, save the ride receipts and your communication with the driver, and also get a copy of the police report.
Lastly, never sign any document or admit fault without first consulting with Uber accident attorneys in Austin.
What are Third-Party Liability Claims?
With reference to Uber accidents in Texas, the Texas Civil Practice and Remedies Code 33.001 applies. This clause makes Texas a Modified Comparative Fault State, which means if another driver caused the accident, the accident victims can sue them directly as well.
However, if their insurance policy does not cover all the expenses, you can also pursue Uber’s $1 Million policy. At DJC Law, you will have a team of the best Uber accident attorneys in Austin who will investigate all parties and ensure you receive maximum compensation.
But Aren’t Uber Drivers Independent Contractors?
Yes, Uber drivers are independent contractors and not employees of Uber. This means you cannot sue Uber directly until their negligence is proven. Usually, this means that the company did not deactivate the driver with prior DUIs or records of reckless driving.
However, there’s a condition: if the driver is in Period 3, the $1 Million policy applies regardless of the employment status. So, as you can see, there are several nuances in ride-sharing accidents.
Hire the best Uber accident lawyers in Austin to navigate through all the complexities and get reasonable compensation.
Get Help From Our Austin Auto Accident Lawyers Today
If you have been injured as a passenger in a rideshare vehicle, speak with one of our experienced personal injury attorneys about your legal options. Contact the office of DJC Law in Austin today to schedule a free consultation of your case.