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It is difficult enough to navigate the insurance claims process when you suffer injuries in an Austin car accident without adding in the extra complication of a rideshare driver and the different insurance policies that accompany the driver. Texas has laws in place to protect you in an Uber or Lyft accident, but you need to understand how these laws work in order to uphold your rights after a crash.
These cases are often complicated. Have an Uber & Lyft accident lawyer in Austin help you navigate the process. At Lovins Trosclair, PLLC, we understand Texas rideshare laws and will hold Uber & Lyft and their drivers responsible for their role in an accident. Call our Austin office today at 512-535-1649 to discuss your accident with us.
What happens if an Uber or Lyft driver hits your car?
What happens if an Uber or Lyft driver hits you depends on whether s/he is working at the time of the accident:
- If a rideshare driver causes an accident while s/he is not “on the app” (i.e., using his/her car for personal business), his/her personal liability coverage should pay for your medical treatment, lost wages, and other damages.
- If a rideshare driver hits you while s/he has a passenger in the car, the rideshare company’s liability policy is likely responsible for covering any injuries sustained.
As you can see, this leaves a coverage gap when the driver is “on the app” but is not on the way to pick up a passenger (i.e., logged in and waiting to match with a rider). The driver’s personal policy should pay out during this time, but many refuse. This is why Texas law now requires Uber & Lyft to offer contingency coverage. This policy pays for your injuries if:
- The driver’s insurance company denies the claim
- The driver has a lapsed insurance policy
- The driver’s policy is insufficient to cover your damages
According to Uber’s website, provided coverage includes a contingency policy of $50,000 per individual or $100,000 per accident for medical care and $25,000 in property damage. This meets the minimum requirement set by the 2015 Texas law. Lyft offers similar coverage to meet the minimum set by the state.
What happens if you suffer injuries while riding in an Uber?
Anytime you are riding in an Uber, the rideshare company’s insurance policy provides coverage for you if your Uber driver causes a crash. Uber’s insurance policy provides $1 million in liability coverage to all passengers. Lyft’s policy is the same.
If another motorist causes the crash, his/her insurance should pay for your medical treatment, lost wages, and other losses. If they do not have insurance or do not carry enough insurance, Uber carries $1 million in uninsured and underinsured motorist coverage.
Our team will investigate your crash to determine who is responsible for your injuries.
Can I hold Uber or Lyft liable for my accident?
Unlike traditional taxi drivers who are employees, rideshare company drivers are considered independent contractors, not employees, though this is currently being challenged in many courts throughout the country. This matters little to the average rider, but may prove to be an issue if you suffer injuries in an accident. Vicarious liability, which holds employers responsible for the actions of their employees, does not apply to independent contractors.
It is possible to hold Uber and Lyft liable, but it will be a difficult road to traverse. Our team can determine the validity of your claim, and fight Uber or Lyft and its insurers to award you with the compensation you need.
How do I file a claim to cover my accident injuries?
Filing an insurance claim after an accident involving Uber or Lyft is often complicated. We understand all aspects of these cases, and can protect your rights as we walk you through the claims process. Our role in navigating this type of claim includes:
- Collecting all necessary evidence
- Identifying the liable party or parties
- Determining if the driver was “off the app” or working at the time of the crash
- Analyzing all applicable insurance policies
- Filing your claim
- Determining a fair value for your damages
- Negotiating a settlement with the insurer
In the majority of cases, we can negotiate a just settlement with the insurer that covers all your accident-related losses and provides for any ongoing care you may require. If this is not possible, we can file a lawsuit against the liable party. We will also represent you in ongoing negotiations, and in court if necessary. And remember, you never pay until you get the settlement you deserve.
How can Lovins Trosclair, PLLC help me after an Austin rideshare accident?
The Austin Uber & Lyft accident lawyers at Lovins Trosclair, PLLC believe you deserve fair compensation to cover your accident damages. We will protect your rights and fight the insurance company for you, getting you a just pay out. Call our Austin office today at 512-535-1649 to speak to a Texas Uber & Lyft accident lawyer.