Rideshares continue to grow in popularity, and with good reason. It’s very convenient to use an app to summon transportation and allow people a flexible avenue through which to earn money. When a rideshare, vehicle is in an accident, however, things can get complicated. Rideshare drivers are independent contractors, insurance is provided at different levels, the rideshare company’s corporate policies come into play, and even determining fault can be tricky. How do you make sure your rights are protected if you rideshare driver is in an accident?
The Aftermath of a Texas Uber Accident
If you are in an Uber or Lyft accident in Texas, you should follow many of the same steps you would follow with any other accident. First, make sure everyone involved in the accident is safe, and the vehicles are off the road and out of danger. Make sure the police are called and the accident is reported, and report the accident on the ride share app, too. Don’t rely on the driver to report it and gather evidence, but document as much as possible about the accident on your own, to begin building a base of support for any case you might file. Take pictures of the damage to all vehicles, capturing multiple angles, and photograph the license plates. Make note of the road conditions and any other information that could be pertinent and collect information like contact details from all parties involved, including witnesses. Screenshot the rideshare app, so that you have evidence of the ride, driver details, and trip information. It is necessary to be able to establish the driver’s status, should it come into question. Seek medical attention, so that there is documentation of any injury you may have sustained. Even if you are not sure you’ve been injured, have a doctor examine you, because some injuries don’t present symptoms until well after an accident.
What Are a Passenger’s Legal Options After an Accident?
Any time you are in an accident in Texas, you are entitled to seek compensation for medical expenses, lost wages, property damage, and pain and suffering. You have the right to seek legal counsel, and the right to request information from all parties involved in the accident. Rideshares are covered by insurance, so passengers are protected, but the insurance coverage varies based on the driver’s status. Don’t speak to the insurance companies on your own; contact an experienced rideshare accident attorney to handle those calls for you, and to fight your case in court, if the insurance companies won’t come through with a fair settlement and adequate compensation.
Understanding Rideshare Accident Rights
Rideshare drivers are independent contractors, but that doesn’t mean that rideshare companies are not liable for an accident. Rest assured, there are several different ways to get compensation after an accident in which you were a passenger.
- Rideshare companies are insured. In fact, they carry enough insurance for an injured passenger to receive up to one million dollars to pay for their injuries, loss of income, emergency medical care, ongoing therapies, and other expenses. However, you can only file a claim against the rideshare company’s insurance if the driver is logged into the app and driving you along the prearranged route to your destination. Never ask rideshare drivers to make detours or additional stops, because that could invalidate your claim in the case of an accident.
- The at fault driver is also on the hook in Texas. If, for some reason, the driver was not logged into the app, the claim may need to go through the driver’s private insurance. However, if the wreck was caused by the negligence or recklessness of a third-party driver, that driver could be liable for damages. Because Texas is an at-fault car accident state, a person who causes a car accident can be held responsible. However, if the driver’s insurance won’t admit that their client was at fault, it could mean a lengthy ordeal to get them to pay your claim.
- You could decide to use your personal health insurance policy for your injuries. This is convenient if you require immediate medical attention. You won’t have to prove fault to use your health insurance, but your health insurance is limited in what it will cover. For instance, while it will cover your medical costs, it will not cover pain and suffering expenses. Even if you have gap insurance, you are unlikely to be able to fully cover your expenses.
- If insurance companies aren’t willing to settle, you may need to take your claim to court. In that case, obviously, you have no shortage of potentially liable parties. This is when you will really need the counsel of an experienced and knowledgeable accident attorney. Your lawyer will help you determine the amount of compensation that is appropriate and strategize to determine the best way to get the settlement you deserve. An attorney will also know the deadlines and legal requirements of the case, and which supporting information and evidence you will need to submit.
Looking for an Uber or Lyft Accident Lawyer? Look to Nava Law
If you have been in an Uber or Lyft accident, trust the experienced professionals at Nava Law Group, P.C., to help you navigate this complicated and unfamiliar territory. Passionate about our clients, we give 100 percent commitment, using our experience and legal skills to get the results injured victims need. We strive to meet our clients’ current and future needs, and our knowledge of Texas accident law makes us the kind of allies you want by your side. With more than 150 years of combined experience, we have established our firm as a pillar of the community, earning a solid reputation in the community, in the courts, and among our peers. We offer aggressive advocacy and top-notch legal representation and strive to always take the best approach for a favorable resolution on our client’s behalf. We’re a different type of law firm, and if you are interested in learning more about how we can assist you, contact Nava Law Group, P.C. today.
