Filing a Claim After an Uber Crash? Learn How Uber’s Insurance Works for Texas Victims
We Help Riders and Drivers Navigate the Process
Getting into an accident involving an Uber can introduce a tangle of insurance issues. Whether you were an Uber passenger injured during a ride, an Uber driver hurt in a crash, or another motorist or pedestrian struck by an Uber vehicle, it’s important to understand the process of filing an injury claim with Uber’s insurance in Texas. Uber’s insurance coverage is tiered based on the driver’s status at the time of the accident, and Texas laws add another layer of complexity. Dealing with Uber’s insurance on your own can be daunting – they might delay or try to deny valid claims. At The Adley Law Firm, we specialize in guiding accident victims through the Uber claims process. Our goal is to protect your rights and maximize your recovery. With our experience (we’ve recovered millions of dollars for thousands of clients across Texas), we can handle the legal heavy lifting while you focus on healing. Contact us for a free case evaluation if you need help with an Uber accident claim.
Uber’s Insurance Coverage Phases in Texas
Uber drivers are covered by different insurance policies depending on what they were doing at the time of the accident. In Texas, Uber’s required coverage follows the same general structure as Lyft’s, with a few specifics:
- Driver Offline (App Off): If the Uber driver is not logged into the app, they are on personal time. Coverage: Only the driver’s personal auto insurance applies in a crash – Uber provides no coverage when the app is off. If an off-duty Uber driver causes an accident, any injury claims would go through that driver’s personal insurance, just like a normal accident.
- Driver Online (Waiting for a Ride): Once the driver has the Uber app on and is waiting for a ride request (but has not yet picked up a passenger), Uber’s contingent liability coverage becomes active. In Texas, this provides up to $50,000 per person for bodily injuries, up to $100,000 per accident for bodily injury to multiple people, and $25,000 for property damage. This contingent coverage steps in only if the driver’s personal auto insurance doesn’t fully cover the damages. For example, if an online-but-waiting Uber driver causes a collision, victims would first file against the driver’s personal insurance; if the damages exceed that policy or it denies coverage (some personal insurers exclude incidents during rideshare driving), then Uber’s contingent coverage can fill the gap up to those limits.
- Driver On Trip (Passenger Onboard or Pickup in Progress): As soon as a driver accepts a trip and is either en route to pick up a rider or has a passenger in the car, Uber’s full commercial insurance policy applies. This includes up to $1 million in third-party liability coverage for bodily injury and property damage. If an Uber driver with a passenger is at fault in an accident, Uber’s insurer can pay up to $1,000,000 total to people injured in the crash (this covers passengers, people in other vehicles, pedestrians, etc.). In addition, during an active ride Uber provides up to $1 million in uninsured/underinsured motorist (UM/UIM) coverage. This is crucial if your Uber is hit by another driver who has no insurance or insufficient coverage – Uber’s policy will compensate injured passengers in that scenario. Uber’s policy during trips also offers contingent comprehensive and collision coverage for the Uber driver’s vehicle (typically with a $2,500 deductible) as long as the driver has those coverages on their personal policy.
Key takeaway: The insurance coverage available largely depends on whether the Uber driver was offline, waiting for a ride, or on an active trip. Our attorneys will sort out the driver’s status and ensure that your claim targets the correct insurance policy from the start.
Liability in Uber Accidents: Drivers, Uber, and Texas Law
After an Uber crash, one of the big questions is: Who is legally responsible for paying for the damages? As an injured victim (especially as a passenger), you typically won’t be at fault, but determining liability is important for directing your claim. Several factors come into play:
- The Uber Driver’s Fault: If the Uber driver’s negligence caused the accident – for instance, they were speeding, ran a red light, or were distracted – then the Uber driver (and their insurance) would be primarily liable. Since they were driving for Uber at the time, Uber’s $1 million liability insurance would cover the injuries to passengers or others. As a passenger, you would pursue a claim essentially against Uber’s insurance in this scenario.
- Another Driver’s Fault: If another vehicle’s driver caused the accident (e.g., another car hit your Uber while you were a passenger), then that third-party driver is liable. You would file a claim against that driver’s auto insurance. In this case, Uber’s role is to provide additional protection: during your ride, Uber’s $1 million UM/UIM coverage can cover you if the at-fault driver lacks insurance or doesn’t have enough to pay all your damages. In other words, even if the crash wasn’t Uber’s driver’s fault, you are still protected by Uber’s insurance if the responsible party can’t fully compensate you.
- Shared Fault Situations: It’s possible that both the Uber driver and another driver share blame for the accident. Texas’s modified comparative negligence law will apply here – each party may be assigned a percentage of fault. As long as you (the claimant) are not more than 50% at fault (which as a passenger you wouldn’t be), you can recover damages, but any settlement or verdict could be split according to fault. For example, if an Uber driver and another driver are each 50% responsible, their insurers would ultimately split the cost of your claim. In such cases, we would likely pursue claims with both the Uber insurance and the other driver’s insurance to cover your damages.
- Uber’s Direct Responsibility: Uber itself, as a company, is generally not directly sued in accidents involving their drivers because of the independent contractor model. Instead, their responsibility is fulfilled by providing the insurance coverage for the driver. There are very rare circumstances where Uber could be implicated (for example, if an Uber driver with a history of DUIs caused harm and it was shown Uber negligently retained them, or if there was a known issue with the app contributing to accidents). These situations are uncommon. For most accidents, you will be dealing with insurance claims rather than a lawsuit against Uber. The critical thing is that Uber’s insurance makes funds available to cover injuries even if Uber the company isn’t “at fault” in the crash.
Evidence and Documentation: No matter who caused the accident, solid evidence will strengthen your claim. Always obtain a police report, take photographs at the scene, get medical evaluations, and keep records of everything. In Uber accident cases, multiple insurance companies might be involved, and they will scrutinize the details. Our job is to gather and present clear evidence showing who was responsible and the extent of your injuries, so you can recover full compensation.
Steps to Take When Filing an Uber Accident Claim
If you’ve been involved in an Uber-related accident, here’s how to protect your rights and start your claim off on the right track:
- Seek Medical Attention and Ensure Safety: Health and safety come first. Check yourself and others for injuries and call 911 immediately. Report the accident and ask for an ambulance if anyone is hurt. Even if you feel okay, get a medical evaluation as soon as possible – some injuries (like whiplash or concussions) might not show symptoms right away. Prompt medical treatment not only safeguards your health but also creates a record linking your injuries to the accident.
- Document the Accident Scene: If you can do so safely, gather information at the scene. Exchange names, contact info, and insurance details with the Uber driver and any other drivers involved. Take photos of vehicle damage, the road conditions, skid marks, traffic signals, and any visible injuries you sustained. If there are witnesses, get their contact information as well. Also, save any details from the Uber app (for instance, your ride receipt or the trip route) as this can help confirm the time and location of the crash. This evidence will be extremely useful when filing your claim.
- File Official Reports (Police and Uber): If police respond to the scene, make sure to get the officer’s name and the police report number. Be truthful and thorough when giving your statement, but stick to the facts. If police do not come (for example, if the accident was minor and no one was taken to the hospital), you should still file a report afterward with local law enforcement or online with Texas DPS. Next, report the accident to Uber. If you were the passenger, you can report it through the Uber app or via Uber’s support website. If you were the other driver or a third party, you or your attorney should notify Uber directly. Reporting the incident to Uber is important for starting the claims process with their insurer.
- Notify Your Insurance (If Applicable) and Consider Legal Counsel: Let your own auto insurance company know about the accident (especially if you were a driver in the collision). This is typically required by your policy even if you weren’t at fault. If you have personal injury protection (PIP) or MedPay coverage, those benefits can help with immediate medical expenses. If you have uninsured motorist coverage, alert your insurer that another at-fault party was involved (your UM may come into play if that party lacks coverage). Be brief and factual in what you tell your insurer. At the same time, it’s a good idea to consult with an experienced injury attorney. An attorney can guide you on the next steps, handle communications with Uber’s insurance and others, and help avoid mistakes that could hurt your claim.
- File Your Claim and Begin the Negotiation Process: With your evidence in hand, file a claim with the appropriate insurance company (or companies). If the Uber driver was at fault, this will likely be Uber’s insurer. If another driver was at fault, it will be their insurer (with Uber’s UM insurer in the loop as well). Submit all supporting documents: the police report, medical records and bills, proof of lost wages, repair estimates, etc. Once the claim is filed, the insurance adjuster will investigate. Be patient but stay proactive. It’s common for the first settlement offer to be low. This is where having an attorney makes a big difference – we handle the back-and-forth and negotiate aggressively on your behalf. We will push for a fair settlement that fully covers your losses. If the insurance company won’t offer a reasonable amount, we won’t hesitate to take legal action (filing a lawsuit) to ensure you aren’t shortchanged.
Get Help with Your Uber Accident Claim in Texas
An Uber accident can throw your life into chaos – medical bills pile up, you might miss work, and dealing with multiple insurance companies is stressful. You don’t have to face all of this alone. The Adley Law Firm is here to provide experienced, compassionate legal help. We have handled countless Uber and Lyft accident cases for clients in Houston and throughout Texas. Our team knows the ins and outs of Uber’s insurance procedures and Texas auto accident laws, and we are aggressive in pursuing the best outcome for our clients.
Why Choose The Adley Law Firm?
- Proven Results: Our lawyers have recovered millions of dollars for thousands of injury victims. We fight hard to get every dollar our clients deserve.
- No Win, No Fee: We work on a contingency fee basis, which means you pay nothing upfront and no legal fees at all unless we win compensation for you.
- Bilingual Service: Nuestro equipo habla español. We offer bilingual support in English and Spanish, ensuring clear communication with our clients.
After an Uber accident, time is of the essence. Evidence can disappear, and the Texas statute of limitations (generally two years from the accident date) limits how long you have to take action. Don’t wait to seek advice. Our knowledgeable Uber accident attorneys can start working on your case immediately to preserve evidence and build a strong claim.
Contact The Adley Law Firm today to schedule your free consultation with a Texas Uber accident lawyer. We’ll listen to your story, answer your questions, and work diligently to obtain the compensation you need to rebuild your life after the accident. Whether your Uber accident happened in Houston, Dallas, San Antonio, Austin, or anywhere in between, our team is ready to help you fight for your rights and get the justice you deserve.
