Rideshare services like Uber and Lyft have revolutionized transportation in the Dallas-Fort Worth area, providing convenience at the tap of a screen. However, with this convenience comes risk—with more rideshare vehicles on the roads, rideshare accidents are becoming more common.
If you’ve been injured in a rideshare accident, you may feel overwhelmed about what to do next. Who is responsible for your injuries? How do you file a claim? What steps should you take to protect your rights? This blog will guide you through the essential actions to take after a rideshare accident in Texas.
Step 1: Ensure Your Safety and Seek Medical Attention
Your health and safety should be your top priority. Immediately after the accident, check yourself and others for injuries. If you or anyone else is seriously hurt, call 911 right away. Even if your injuries seem minor, it’s crucial to seek medical attention as soon as possible. Some injuries, like whiplash or concussions, may not manifest symptoms immediately but can worsen over time.
Seeking prompt medical care not only protects your health but also establishes a critical link between the accident and your injuries, which will be important when filing a claim.
Step 2: Call the Police and Report the Accident
In Texas, it’s mandatory to report car accidents involving injury, death, or significant property damage. When the police arrive, provide a clear and accurate account of what happened. Make sure to get a copy of the police report, as it will serve as an important piece of evidence when filing a personal injury claim.
If the rideshare driver was at fault, ensure that the officer notes this in their report. Additionally, mention any relevant details, such as whether the driver was actively transporting a passenger or was en route to pick someone up. This can influence which insurance policy—personal or rideshare—applies.
Step 3: Gather Evidence at the Scene
While waiting for the police to arrive, collect as much evidence as possible. Take photographs of the accident scene, vehicle damage, and any visible injuries. Capture details such as:
- The position of the vehicles involved
- Skid marks or debris on the road
- Traffic signs or signals in the vicinity
- Weather and lighting conditions
Exchange contact information with all parties involved, including the rideshare driver, other drivers, and any witnesses. Make sure to obtain the rideshare driver’s name, phone number, and insurance details, as well as information about their rideshare company.
Step 4: Notify the Rideshare Company
Most rideshare companies, like Uber and Lyft, require drivers to report accidents promptly. You should also notify the company directly. Both Uber and Lyft have in-app features for reporting accidents, and they may provide additional instructions on filing a claim.
Remember, rideshare companies typically have liability insurance policies that cover passengers under certain conditions. For example, Uber and Lyft provide up to $1 million in third-party liability coverage when a driver is actively transporting or en route to pick up a passenger. However, if the driver was not logged into the app at the time of the accident, their personal auto insurance will apply instead.
Step 5: Understand Texas Liability Laws
Texas follows a modified comparative fault system, which means your compensation may be reduced if you are found partially at fault for the accident. If you are more than 50% at fault, you cannot recover any damages.
This makes it essential to prove that the rideshare driver, another driver, or the rideshare company was primarily responsible for the accident. An experienced personal injury attorney can help gather evidence to support your claim and counter any attempts by insurance companies to shift blame onto you.
Step 6: File a Claim with the Appropriate Insurance
Determining which insurance policy applies in a rideshare accident can be complicated. Depending on the circumstances, one or more of the following policies may cover your injuries:
- The rideshare driver’s personal auto insurance: Applies if the driver was not logged into the app at the time of the accident.
- The rideshare company’s insurance: Covers accidents that occur while the driver is actively using the app to transport or pick up passengers.
- The at-fault driver’s insurance: If another driver caused the accident, their insurance may be liable.
Each policy has its own coverage limits and exclusions, so filing a claim without understanding these nuances can lead to a denied or undervalued claim.
Step 7: Avoid Speaking to Insurance Adjusters Without Legal Representation
Insurance adjusters may contact you shortly after the accident to obtain a statement or offer a quick settlement. While it may be tempting to accept a fast payout, it’s important to remember that insurance companies prioritize their bottom line. They may use your statement against you to minimize your claim.
Before speaking with any adjusters, consult a personal injury attorney who can protect your interests and negotiate a fair settlement on your behalf.
Step 8: Keep Records of All Expenses
Document all expenses related to the accident, including medical bills, lost wages, prescription costs, and property damage. Maintaining a detailed record of these expenses will help ensure you are fully compensated for your losses.
Step 9: Consult a Personal Injury Attorney
Rideshare accidents involve unique legal and insurance complexities. Navigating the claims process on your own can be overwhelming, especially while recovering from injuries. An experienced personal injury attorney can guide you through the process, gather evidence, negotiate with insurance companies, and, if necessary, take your case to court to secure maximum compensation.
Why Choose Ted Machi & Associates?
At Ted Machi & Associates, we understand how frustrating it can be to trust an Uber or Lyft with your safety, only to be injured in an accident. We also know the challenges you face after a rideshare accident, from mounting medical bills to lost income and emotional distress. Our compassionate and dedicated team has years of experience helping personal injury victims in the Dallas-Fort Worth area navigate the complexities of their cases.
We’ll fight tirelessly to protect your rights, hold negligent parties accountable, and ensure you receive the full compensation you deserve for your pain, suffering, and financial losses. Don’t wait—schedule your free consultation today and take the first step toward justice, recovery, and lasting peace of mind.