What Are Your Rights as a Passenger in a Rideshare Accident?
Millions of people use rideshare services, such as Uber and Lyft, to get safely from point A to point B. Like other motorists, rideshare drivers can be involved in accidents. What happens when the unexpected occurs? What are your rights as a passenger if the rideshare vehicle is hit by another vehicle, or your driver causes a crash?
Accidents involving rideshare services are all too common today. When rideshare wrecks happen, it can leave passengers feeling vulnerable and uncertain of their rights. Texas law provides protection for rideshare passengers involved in accidents, but recovering compensation can be somewhat complicated. You need to know the following information if you have been injured as a passenger in a rideshare accident.
What Rights Do Rideshare Passengers Have?
In Texas, rideshare passengers have the same basic legal rights as other passengers involved in accidents. If you are injured in a crash as a passenger, you have the right to seek compensation for your medical expenses, lost wages, pain and suffering, and other related damages. The main issue is determining who is responsible for your injuries.
Determining liability for a rideshare accident can be complex. It often depends on the nature of the accident and who was at fault. Rideshare companies such as Uber and Lyft typically have insurance policies that protect passengers in the event of an accident. The amount of compensation available depends on various factors.
What Is the Key to Compensation?
The key to compensating rideshare passengers is determining who is responsible for the accident. Depending on the circumstances, any of the following parties could be held liable:
- Rideshare driver: If the Uber or Lyft driver drove in a negligent manner by speeding, driving distracted, or driving under the influence, and the negligent driving caused the crash, you could hold the driver responsible for your injuries. Uber and Lyft drivers are covered by commercial insurance while transporting passengers, which means the rideshare company will usually be involved in the claim.
- Another driver: If another driver caused the accident by failing to yield, running a red light, rear-ending the rideshare vehicle, or another type of negligence, that driver could be held liable for your injuries. This may be possible even when a rideshare driver is at fault for the crash, provided the other driver is determined to have been negligent.
- Rideshare company: Uber and Lyft carry commercial insurance policies that protect passengers if the driver’s insurance company does not cover the damages. In the event of an accident, these policies can cover damages, including medical bills, pain and suffering, and lost wages. The amount of coverage available will depend on the situation.
What Is the Insurance Coverage Breakdown?
Rideshare companies such as Uber and Lyft are required to carry certain minimum amounts of auto liability insurance coverage for different situations under the Texas Insurance Code, Chapter 1954. Insurance for Transportation Network Company Drivers. The insurance system for rideshare accidents can be complicated. This is how it typically breaks down:
- Rideshare app is off: When the driver is not logged into the rideshare app and is not actively working for the platform, the driver’s personal auto insurance policy covers damages or injuries caused by an accident. The rideshare company’s commercial policy does not apply.
- The rideshare app is on, but the driver is waiting for a passenger: As stated by Uber, If the driver is logged into the app but has not yet accepted a ride, the rideshare company’s insurance policy provides coverage with the following limits: $50,000 for bodily injury per person; $100,000 total bodily injury per accident; and $25,000 for property damage. This coverage applies if the driver is at fault for the accident and the driver’s personal auto policy does not provide coverage or has policy limits less than these amounts.
- The driver is en route to pick up a rider or on a trip: When a rideshare driver is on the way to pick up or is transporting a passenger, a different level of rideshare company commercial coverage kicks in. Uber and Lyft provide liability coverage for bodily injury and damages of up to $1 million.
Uber and Lyft provide essentially the same auto liability insurance coverage. Bear in mind that insurance companies are not always quick to pay. There can be delays or disputes over the amount of compensation you are entitled to receive. An experienced personal injury attorney can help protect your rights in this situation.
What Should You Do Immediately After a Rideshare Accident?
If you have been involved in a rideshare accident as a passenger, take the following steps right away if you are able:
- Call the police: Always report a traffic crash, no matter how minor. The official police report documents the accident and provides evidence for your case.
- Seek medical attention: Even if you feel fine, see a doctor immediately after the accident. Symptoms of injury can take days to manifest, and a medical assessment will ensure your injuries are documented for a future claim.
- Document the scene: Take photos of the vehicle damage and any visible injuries. Get names and contact information for any eyewitnesses.
- Get insurance information: Collect insurance details from the rideshare driver and other parties involved in the crash. Details of your Uber or Lyft ride will be available in the app.
- Speak with a personal injury attorney: Dealing with insurance companies can be difficult and frustrating. An experienced lawyer can help you navigate the complexities of your case, negotiate with insurance companies on your behalf, and ensure you get the compensation you deserve.
Our seasoned Texas auto accident lawyers at DJC Law represent injured victims of rideshare accidents. We work to help you through the process as quickly and efficiently as possible so you can focus on healing and getting your life back on track. We offer a free consultation. Call us at (888) 853-8169 to find out how we can help.
