Countless rideshare trips are completed each year in Texas and across the United States, and many of them are uneventful and not particularly notable. “Many of,” however, does not mean all; some Uber or Lyft rides do not, in fact, go smoothly and instead end with a crash that leaves their passengers injured. Those passengers, understandably, will want to know what their rideshare passenger injury options are for recovering compensation. Below is everything that rideshare accident victims need to know.
Common Injuries Following a Rideshare Accident
Like any other individual involved in a Texas car accident, the state’s rideshare passengers can face serious physical, mental, and emotional injuries after a crash. In cases where passengers are severely hurt, the financial costs of their recovery can reach hundreds of thousands of dollars.
The most common costs that injured rideshare passengers face include:
- Physical therapy costs
- Mental health services
- Wages for hours and shifts they could not work
- Decreased future earnings in the case of permanent injuries
- Property damage.
Injured passengers are also able to seek compensation (damages) for their non-economic injuries to cover the impact on their quality of life. A person who must live with constant pain, lingering anxiety, or persistent depression can pursue damages for these kinds of harm, in addition to any other physical or financial losses they’ve sustained.
As an injured rideshare passenger, you have rights, including the ability to seek compensation for your injuries after the accident.
What You Can Do After a Rideshare Accident
The Rideshare Passenger Injury Options Available to You
In general, there are five ways in which you can pursue compensation to help you address your expenses following a rideshare accident:
Sue the Rideshare Company
First, you could file a claim against and seek compensation from Lyft or Uber. Even though rideshare drivers are independent contractors, the companies that work with them provide insurance coverage under certain circumstances. As such, passengers could receive up to one million dollars for their injuries and losses following a crash.
To be eligible to file a claim against a rideshare company’s insurance, your driver must be logged into the rideshare app and driving you to your destination at the time of the wreck. If the driver accidentally logged themselves out of the app, you could run into trouble filing a claim with the company’s insurer. Similarly, if your rideshare driver is deviating from the agreed-upon trip at your behest, you may not be covered by the company’s insurance policy if you are involved in a crash. Therefore, you should not entice or allow your rideshare driver to make stops or detours that are not part of your planned trip.
Sue the At-Fault Driver
Texas is an at-fault car accident state, which means any individual who causes a car wreck through negligent behavior can be held responsible for the injuries they cause to others. As such, if another driver is careless and causes you harm by crashing into the rideshare vehicle you’re in, they could be responsible for paying you damages.
However, you might not receive immediate payment for your claim if the other driver’s insurer denies that their client was at fault. For example, suppose that there were several individuals whose careless conduct may have contributed to the crash. In that case, an insurance company may not pay your claim until there is enough evidence that their client’s negligent driving, in particular, is what caused the crash.
The Rideshare Driver’s Personal Insurance Policy
Your third option is to file a claim against your rideshare driver’s auto insurance policy. Doing so may be an appropriate course of action if you are not able to seek compensation from the rideshare company’s insurance policy. Although a rideshare driver’s personal auto insurance policy limits are likely much lower than the company’s limits, you would not need to prove who was at fault to recover compensation.
Your Personal Health Insurance Policy
If you sustained injuries that require immediate medical attention and financial resources, you might consider filing a claim with your health insurance company and any supplemental insurance you might have. You will not need to prove who was at fault to receive these benefits; instead, the hospital or provider will often submit the claim to your insurer on your behalf. In some cases, you may need to pay the bill up front and then seek reimbursement from your insurer.
One drawback to relying on your health insurance is that your policy will only cover specific expenses. For example, your policy is not likely to cover any mental pain, anguish, or suffering you experienced, or lost wages. If recovering damages for these losses is important to you, you may need to look to another source for compensation.
File a Private Lawsuit
Finally, if your rideshare accident came about because of another person’s carelessness, you could choose to file a lawsuit against that person or entity. For example, if a truck driver carelessly caused the crash, that driver and the company they work for could both be responsible for paying you damages. As with filing a claim against an at-fault driver, you would be entitled to recover damages through a private lawsuit if you prove the other party is at fault and responsible for the crash.
If you or a loved one has been hurt while riding as a passenger in an Uber or Lyft, get helpful and accurate legal advice and determine your next steps by calling Terry Bryant Accident & Injury Law at (713) 973-8888 or toll-free 1 (800) 444-5000.
Deciding What Path to Take After an Injured Passenger Rideshare Texas Crash
Aspects to Consider When Choosing How to Seek Compensation
Just because you have several rideshare passenger injury options and sources of compensation, this does not mean pursuing each one is prudent. You may need to prioritize seeking damages from some sources over others based on the following factors:
The Value of Your Losses
The more bills, missed wages, and other injuries you sustain, the greater your need to seek compensation from sources that can address those losses. For example, filing a claim against your health insurance policy may be acceptable if you have a single emergency room bill. However, if you have severe and disabling injuries, it may make more sense to file a claim against the rideshare company’s insurer so you have enough compensation to cover your present and future needs.
How Quickly You Need Compensation
If you are facing bills that are due right then and there, you may need to seek compensation from a source that does not require you to prove liability, as these claims typically pay out faster than fault-based claims.
Compliance With Deadlines and Other Requirements
You must comply with the deadlines and other guidelines when filing a claim with any insurer. These include being prepared to submit evidence or other supporting documentation; it would not make much sense to file a claim with an insurer when you cannot meet that insurer’s requirements.
Contact an Experienced Texas Rideshare Accident Attorney
A knowledgeable injury accident lawyer can help you sort through your legal options after a rideshare accident. Your lawyer can advise you on how to recover the compensation you need and can assist you in filing and negotiating your claim.
Call Terry Bryant Accident & Injury Law now at (713) 973-8888 or toll-free 1 (800) 444-5000 to discuss your rideshare passenger injury accident with our experienced rideshare legal team.
Attorney Terry Bryant
Terry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]
