Quick answer

If you were hurt as an Uber passenger in Texas, or hit by a driver working for Uber, the claim usually turns on one fact: what the Uber app showed at the moment of impact. With a ride accepted or in progress, Texas law requires at least $1 million in liability coverage. Owsley Law Firm handles Uber claims across Texas and charges no fee unless it wins.

Does Uber’s insurance cover me as a passenger in Texas?

Usually, yes. Texas Insurance Code Chapter 1954 governs transportation network companies like Uber. From the moment a driver accepts a ride request until the passenger gets out, the driver must be covered by at least $1 million in liability insurance for death, bodily injury, and property damage. The law lets the driver, the company, or both supply that coverage (section 1954.051), and in practice it usually comes from the policy Uber maintains, because personal auto policies often exclude paid rides.

That $1 million is liability coverage, so it pays when the Uber driver is responsible for the crash. If another driver caused it, you have a claim against that driver’s insurance first. The rideshare policy must also include uninsured or underinsured motorist coverage unless it was rejected in writing (Insurance Code section 1954.053), which can matter when the at-fault driver carried only the Texas minimum of $30,000 per person, which a serious injury exceeds quickly.

Hand holding a phone at roadside showing a photo of a crash scene

What if the Uber driver did not have a passenger?

The coverage drops sharply when no ride is underway. When the driver is logged in to the app and waiting for a request, Chapter 1954 requires lower limits: at least $50,000 per injured person, $100,000 per crash, and $25,000 for property damage. That coverage can come from the driver’s own policy or from Uber’s, depending on which one applies to that period.

When the app is off entirely, the driver is just a private motorist, and only the driver’s personal policy applies. That is why the first thing the firm asks Uber for is the trip and app-status data for the minutes around the crash.

  • App off: driver’s personal auto policy only
  • App on, waiting for a request: at least 50/100/25 in liability coverage
  • Ride accepted, driving to pickup: at least $1 million
  • Passenger in the car: at least $1 million

Can I sue Uber directly after a crash?

Uber treats its drivers as independent contractors, not employees, and its terms of service say so. That classification is central to how Uber defends these cases, because a company is not automatically responsible for the negligence of an independent contractor. The claim therefore usually runs against the driver, with Uber’s insurance policy paying on the driver’s behalf.

That does not end the analysis. Whether a direct claim against the company exists depends on facts specific to the case, and the firm reviews them. In most passenger cases, the practical question is not whether Uber is a defendant but whether the $1 million policy is available, and that is answered by the app data.

Who pays if another driver hit my Uber?

The at-fault driver’s liability insurance pays first. Texas requires every driver to carry at least $30,000 per injured person, and many carry only that. For a passenger with a fracture, surgery, or weeks off work, $30,000 is often gone before the medical bills are paid.

Your own auto policy can then matter even though you were not driving. Uninsured and underinsured motorist coverage on your personal policy generally follows you as a passenger. Whether the Uber policy also provides uninsured or underinsured coverage depends on the policy terms in force at the time, so the firm requests the policy itself rather than relying on a summary.

What evidence proves an Uber claim?

Uber’s own records are the strongest evidence, and they belong to Uber, not to you. The firm sends a preservation letter early so that data is held while the claim is investigated.

  • Trip receipt and ride history in your Uber account (screenshot it today)
  • App-status and GPS data showing whether a ride was accepted or in progress
  • The driver’s name, vehicle, and plate from the app
  • The Texas crash report (form CR-3) from the investigating agency
  • Photos of both vehicles, the road, and your injuries
  • Medical records starting with the first visit after the crash

Where do Uber crashes happen in Houston?

Rideshare traffic in Houston concentrates where people go out and where they travel. Pickups and drop-offs on Washington Avenue and in Midtown late at night, the Galleria area along Westheimer and Post Oak, and the airport loops at Bush Intercontinental (IAH) and Hobby all put rideshare cars into stop-and-go traffic with drivers watching a phone for the next request. Freeway trips on I-10, I-45, and the 610 Loop add speed to the same distractions.

Location matters to the claim for practical reasons: it decides which police agency wrote the report, where nearby cameras might be, and which county court the case would be filed in.

How long do I have to file an Uber accident claim?

Texas gives an injured person two years from the date of the crash to file a lawsuit under section 16.003. Insurance claims should start much sooner. Uber’s insurer opens a file within days, app data and nearby video are not kept forever, and early medical records are what tie your injuries to the crash.

Texas also reduces recovery by your share of fault and bars it at more than 50 percent under Chapter 33. As a passenger you are rarely at fault for anything, which is one reason passenger claims are often strong when the coverage is identified correctly.

What should I avoid saying to Uber’s insurer?

Uber’s insurance adjusters are trained to gather statements early, sometimes within a day or two of the crash, when you are still sore and unsure of your injuries. Saying you feel fine, guessing at speeds, or describing the crash in a way that suggests you were not wearing a seat belt can each be used later to reduce the claim.

You are not required to give a recorded statement to the other side’s insurer. Report the crash factually, get medical care, and let the firm handle the communication. If Uber’s insurer contacts you, it is reasonable to say you will have your attorney respond.

Common questions

What clients ask about uber accidents.

Should I report the crash in the Uber app?

Yes. Use the in-app safety or trip-issue report so there is a record tied to the ride, but keep the description short and factual. Do not give a recorded statement to Uber’s insurer before you understand your claim.

Does it matter if I was in an Uber Black or UberXL?

The insurance framework under Texas law is the same for every Uber ride option. What matters is the app status at the time of the crash, not the type of ride you booked.

Can I make a claim if I was hurt getting out of an Uber?

Possibly. Injuries during drop-off, such as a driver pulling away while you are exiting or stopping in a live traffic lane, can fall within the ride period. The details of where and how the driver stopped matter.

What if my Uber driver was drunk or on the phone?

That is strong evidence of negligence. The driver’s phone records and Uber’s data about app use at the time may both be relevant, and the firm requests them.

How much does an Uber accident lawyer cost?

Owsley Law Firm handles Uber cases on a contingency fee. You pay nothing up front and no attorney’s fee unless the firm recovers money for you.