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Uber and Lyft accidents in Texas
Whether you were a passenger, the driver of another car, or on foot when an Uber or Lyft vehicle was involved, the steps to take and the insurance that may apply vary with what happened and the stage of the trip. This general guide explains what tends to matter, whether you are still in Texas or now live in Mexico.
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Why these accidents differ from an ordinary collision
In a crash between two private cars, the drivers' insurance policies are usually the starting point. When an Uber or Lyft vehicle is involved, coverage connected to the app company may also come into play, in addition to the driver's personal policy. Which coverage applies, and how far it reaches, generally depends on what the driver was doing at that moment.
These companies often work with independent drivers. Who may be responsible in a particular case depends on the facts and the policies. That is why it helps to reconstruct what the app showed when the accident happened.
The stage of the trip can change which insurance applies
Texas regulates the insurance that app-based transportation companies must carry, but the details change with each policy and what happened. Without checking the documents, it is not safe to assume that a policy does or does not cover your situation.
Several moments are often distinguished, and the coverage that may apply sometimes varies from one to the next:
- The app was off, in which case the driver's personal policy is generally the one analyzed.
- The driver had the app open and was waiting for a ride request.
- The driver had accepted a ride and was on the way to pick up the passenger.
- The passenger was already in the vehicle and the trip was underway.
Hurt in an accident in Texas?
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What to save and what to do after the accident
If you are hurt or have symptoms, seek medical care. If you can do so safely, keep your records and gather evidence; doing so early often helps clarify what happened.
If you have already returned to Mexico or are not sure which documents you have, keep whatever you can find: the receipt and screenshots may be on your phone or in your email, and over time they can become harder to locate.
- Report the incident inside the Uber or Lyft app and, if possible, ask that a police report be made.
- Save the trip receipt and take screenshots of the app: driver name, license plate, time, route and trip status.
- Take photos of the vehicles, the location, your injuries and any damage.
- Write down the contact details of witnesses and of the other drivers.
- Keep prescriptions, bills and medical notes.
- Before giving a recorded statement or signing an insurer's document, understand what it means.
Passenger, driver of another car, or pedestrian: what changes
Texas uses a system of proportionate responsibility. In some cases, how responsibility is divided among the app driver, another driver or other people can reduce or even prevent compensation (Texas Civil Practice and Remedies Code, ch. 33). That is why it matters to document carefully how everything happened.
The role you had in the accident influences which insurance policies may be examined:
- Passenger: the driver's and the company's coverage depending on the trip stage and, if there was one, the other driver's.
- Driver of another vehicle: who was responsible and the coverage of the app vehicle.
- Pedestrian: the driver's and the company's coverage depending on the trip stage.
- Any role: your own policy, such as MedPay, PIP or uninsured/underinsured motorist coverage (UM/UIM), if you have it.
Deadlines and getting started
Many Texas personal-injury lawsuits generally must be filed within two years (Texas Civil Practice and Remedies Code, section 16.003), but exceptions exist, and notices to insurers or to the company may have different deadlines. Each case is different, so do not assume this deadline is the one that fits your situation.
To get started, the virtual assistants Diego (by phone) and Lola (on WhatsApp) answer first. They are not lawyers.
FAQ
What people usually ask
What insurance may apply if I was in an accident with an Uber or Lyft vehicle in Texas?
What should I save after an Uber or Lyft accident?
What is the general deadline to sue over an Uber or Lyft accident in Texas?
Can I make a claim if I no longer live in Texas or now live in Mexico?
General information, not legal advice. Deadlines depend on each case.
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