Usually the claim runs against the rideshare driver and the insurance Uber and Lyft are required to carry, not against the company itself. Texas law treats rideshare drivers as independent contractors when the company meets the statute's conditions, so the policy, not the company, is normally what pays.
Texas regulates rideshare companies under Occupations Code chapter 2402. Section 2402.114 treats a driver as an independent contractor for all purposes when the company meets conditions such as not prescribing the driver's hours and allowing the driver to work for other platforms, and the driver agrees in writing. That status usually blocks a claim that the company is responsible simply because it employed the driver.
The money is in the insurance. Under Insurance Code Chapter 1954, coverage depends on what the driver was doing. While the app is on and the driver is waiting for a request, the required liability coverage is 50/100/25. From the moment a ride is accepted until the passenger leaves the car, the required liability coverage is $1 million. When the app is off, only the driver's personal policy applies.
That means the first questions are factual: was the driver logged in, had they accepted a trip, and was a passenger aboard? Screenshots of the trip, the receipt, and the driver's profile in the app answer them. If another driver caused the crash, that driver's insurance pays first, and the rideshare policy's uninsured or underinsured coverage can apply where required.
A direct claim against the company is possible only in narrower situations, such as the company's own negligence. Those cases depend on specific facts and are not the usual path. The practical goal in most rideshare cases is to reach the right policy at the right tier.
Report the crash through the app, get the police report, and do not give a recorded statement to the company's insurer before you talk with a lawyer. Owsley Law Firm handles Uber and Lyft claims for passengers, other drivers, and pedestrians, with no fee unless it wins.
What to do, step by step
- Screenshot the trip, receipt, and driver profile in the app.
- Report the crash through the app and get the police report.
- Get medical care and keep the records.
- Talk with a lawyer before giving the rideshare insurer a statement.
Pedestrians and cyclists hit by a rideshare driver have the same coverage questions: what the driver was doing in the app at the moment of the crash decides which policy applies.
Rideshare drivers who are hurt are usually independent contractors, so workers' compensation generally does not apply; their claim runs against the at-fault driver and any coverage the platform's policy provides.
Mistakes that cost people money
- Assuming the driver's personal policy is the only coverage.
- Deleting the app or losing the trip receipt.
- Waiting to report the crash through the app.
Related questions
Does it matter whether I was a passenger?
Yes. During an accepted ride, the required coverage is at its highest tier, $1 million in liability coverage.
What if the rideshare driver was not logged in?
Then the driver's personal auto policy is generally the coverage, as with any other driver.
Can Uber or Lyft be liable for its own negligence?
In narrow situations, depending on the facts. Most cases are resolved through the required insurance.
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