Uber and Lyft passengers who get injured in accidents can sometimes feel overlooked. As the driver files their claim and the insurance companies compete over who has to pay, passengers can begin to worry about piling medical bills, lost time from work, and other damages. Who advocates for their rights after a rideshare crash?
The Houston attorneys of Hernandez Sunosky, LLP are here to help. We understand the concerns that passengers in particular encounter and we take steps to win the compensation they deserve for their injuries. Find out how we can represent you today.
Whose Insurance Pays For Your Injuries?
This is the most important – and often most complicated – question following a rideshare accident. Uber and Lyft both maintain insurance policies to cover passengers who get hurt in wrecks. But whether the rideshare policy applies will depend on which of three categories describes the accident.
If the driver is logged off
If the driver is not using the Uber or Lyft app, and you are a passenger in the vehicle (or in another vehicle involved in the accident), then you will need to file a claim against the driver’s personal insurance policy. Houston drivers must have the required Texas insurance minimums on their vehicles, which are:
- $30,000 of coverage for bodily injury per person
- $60,000 of coverage for bodily injury per accident
- $25,000 of coverage for property damage
If the driver is logged on and waiting for a ride request
This situation describes an Uber or Lyft driver who has the app on and is waiting for a ride request, but injures a passenger in another vehicle. The rideshare company’s insurance coverage may provide for:
- $50,000 of coverage for bodily injury per person
- $100,000 of coverage for bodily injury per accident
- $25,000 of coverage for property damage
Note that this insurance only applies if the driver’s personal automobile insurance policy does not cover the losses.
If the driver is en route to pick up or is actively transporting passengers
Both companies offer $1 million liability coverage if the Uber or Lyft driver is either on their way to pick up a passenger or has one in their vehicle at the time of the accident. This includes property damage and bodily injury, as well as uninsured and underinsured coverage. Despite this insurance, however, some passengers may find it difficult to file a claim.
Insurance Challenges After a Houston Uber/Lyft Accident
Just because these rideshare companies offer insurance coverage doesn’t mean they will automatically pay on a claim. These are a few common scenarios that injured passengers encounter after a wreck:
- Denying coverage: Uber or Lyft may deny that their insurance policy should cover the accident at all. This then forces the passenger to try to file a claim against the driver’s policy, which leads to a second problem.
- Competing insurance policies: Both the driver’s insurance, and the insurer covering Uber or Lyft, may point fingers at each other and try to deny responsibility. Determining whose policy applies will require an investigation of the facts.
- Underpaying claims: Whoever ultimately ends up being responsible may attempt to pay as little as possible for your injuries. This is no surprise, because insurers will generally do whatever they can to protect their bottom line.
- Third-party driver insurance: There’s also the potential issue of a third-party insurance policy being involved. For instance, Uber and its driver may allege that a non-Uber driver caused the crash and that their insurance should be responsible.
- Non-driver insurance: Some accidents involve potential liability apart from the drivers. For example, if the accident took place in a Houston construction zone, a construction contractor’s general liability insurer could be responsible for the passenger’s injuries.
What Should You Do After an Accident?
The complexities of insurance policies should be concerning to passengers, who don’t want to be left uncovered or insufficiently covered for their losses. Protecting your rights is essential to ensuring that you are fairly compensated, so we suggest doing the following:
- Seek immediate medical attention: Call 911 and report the incident to emergency services. You should see a doctor right away, even if you think you were not hurt.
- Report the crash: You can report the crash to law enforcement as well as to Uber or Lyft. Both companies’ apps have a feature for reporting accidents.
- Collect evidence: Start gathering as much evidence as you can, including by taking photos of the accident scene and getting witness contact information. Don’t rely on the Uber driver to do this for you.
- Connect with an experienced Houston personal injury lawyer: Before you speak with any insurance companies, talk to us about your legal rights and options. Remember, you should do this separate from whatever the driver decides to do.
Contact Our Houston Uber & Lyft Passenger Injuries Attorney
Uber and Lyft accidents are more complicated than other automobile accidents, and you will need skilled legal counsel to stand up to the insurance companies. That’s where Hernandez Sunosky, LLP comes in. You can give us a call or complete our online contact form today to get started on your accident claim.
Frequently Asked Questions About Uber & Lyft Passenger Injuries
Can I sue the driver?
This depends largely on the facts of the case; for instance, whether the driver was actively engaged in an Uber or Lyft trip. Rideshare companies do require their drivers to have automobile insurance, but do not necessarily police this. Even so, you could personally sue an uninsured or underinsured driver if they have sufficient financial resources to cover your losses.
What compensation can I ask for?
Generally speaking you can ask for coverage of your medical bills, lost wages, pain and suffering, and damage or destruction of any personal property lost in the accident. We can explain how to take legal action and which avenue is best for your case.
How can an attorney help me?
Our firm is familiar with the challenges of competing insurance policies and insurers that try to avoid responsibility. We will thoroughly investigate the facts of your case, determine whose insurance is responsible, and then work on pursuing a claim. If necessary we can file a personal injury lawsuit to seek the compensation you deserve.