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Austin Uber Accident Lawyer

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Austin Uber Accident Lawyer

After an Uber crash, the first real question is usually not who caused it but which insurance policy has to answer for it, and the answer often involves more than one policy. An Austin Uber accident lawyer can help sort out which coverage applies based on what the driver’s app was doing at the moment of impact, and how your own auto policy fits in.

Whether you were the passenger or in another vehicle, Breeland Injury Law handles Uber and other rideshare accident claims for people hurt in Austin and across Travis County. Call 512-764-3380 or contact us to schedule a free consultation.

Who Pays After an Uber Crash in Austin?

Texas ties rideshare insurance to the driver’s app status. The minimum coverage changes depending on which of three situations the driver was in:

Driver’s app status at impactMinimum coverage Texas requires
Engaged in a prearranged rideA total limit of at least $1 million per incident for death, bodily injury, and property damage
Logged on and waiting for a requestAt least $50,000 per person, $100,000 per incident, and $25,000 for property damage
Not logged onOutside the rideshare insurance requirements, so the driver’s personal policy generally applies

The $1 million figure in so much Uber advertising comes from Section 1954.053 of the Texas Insurance Code, and it applies only while the driver is on a prearranged ride. The lower tier for a driver who is logged on and waiting comes from Section 1954.052 of the Texas Insurance Code. Both are minimums, not caps, and the required coverage can come from the driver, from Uber on the driver’s behalf, or from both together.

Can You Sue Uber Directly in Texas?

Can You Sue Uber Directly in Texas?

Usually not as the driver’s employer. Under Section 2402.114 of the Texas Occupations Code, a rideshare driver is considered an independent contractor, not an employee, if these conditions are met:

  • The company does not set specific hours the driver must be logged in
  • The company does not restrict the driver from using other rideshare networks
  • The company does not limit where the driver may provide rides
  • The company does not restrict the driver from taking other work
  • The company and the driver agree in writing that the driver is an independent contractor

That status is why most Uber claims run through the insurance coverage on the ride rather than a lawsuit against the company itself. Whether the status holds depends on the facts.

What Your Own Underinsured Motorist Coverage Adds

Your own uninsured/underinsured motorist (UM/UIM) coverage can matter a great deal, especially when another driver caused the crash and carried too little insurance. Under Section 1952.101 of the Texas Insurance Code, an insurer cannot issue an auto liability policy in Texas without providing this coverage, unless a named insured rejected it in writing.

That written rejection is the part worth checking before you count on the coverage, and your declarations page shows the answer. The rideshare policy is also required to include UM/UIM coverage on the same terms, so more than one layer may be available in a single crash.

Does It Matter Whether You Were the Passenger or in the Other Car?

Not for the rideshare coverage itself. Whether you were the Uber passenger, the driver of another car, a cyclist, or a pedestrian, the driver’s app status still determines which rideshare policy applies. What can differ is how your own coverage fits in, since your UM/UIM benefits depend on your policy, not the Uber driver’s.

How Fault Is Divided When More Than One Driver Is to Blame

An Uber crash can involve more than one driver, and each may be assigned a share of the blame. Under Section 33.001 of the Texas Civil Practice and Remedies Code, a claimant who is more than 50% responsible recovers nothing. For anyone under that line, Section 33.012 reduces the damages by the claimant’s own percentage and credits any settlement money already paid by another party.

When a delivery van or company vehicle is also involved, a commercial vehicle policy can add another layer to the picture. That is why fault gets investigated early.

How Long Do You Have to File an Uber Accident Lawsuit in Texas?

Generally two years from the day of the crash. Section 16.003 of the Texas Civil Practice and Remedies Code sets that deadline for most personal injury lawsuits, and when a crash is fatal, the two years run from the date of death instead. Talks with a rideshare insurer do not pause the clock, so a claim still being negotiated as the deadline approaches may need to be filed in court to stay alive.

What Compensation Is Available After an Uber Crash?

Depending on the facts, an Uber crash claim may include compensation for:

  • Emergency care, follow-up treatment, and therapy still ahead
  • Wages lost while you recover, and lost earning ability if the injury is lasting
  • Physical pain, mental anguish, and the ways the injury limits daily life
  • Repair or replacement of your own vehicle if you were in the other car

How much of that a rideshare policy actually pays depends on the tier in effect at impact. A crash during a prearranged ride carries far more required coverage than one while the driver was waiting for a request, which is why the app status gets settled first.

Steps That Protect an Uber Claim

A few simple steps in the first days after a crash make the insurance questions much easier to answer later:

  • Take screenshots of the trip in the Uber app, including the route, time, and driver details
  • Report the crash through the app as well as to police
  • Get medical care promptly and describe every symptom, even ones that seem minor
  • Find your own auto policy’s declarations page so your UM/UIM coverage can be checked

How Breeland Injury Law Handles Uber Claims

Rideshare claims turn on insurance details that are easy to miss: which tier applied, whether a driver’s personal policy excludes rideshare use, and whether your own UM/UIM coverage was ever rejected in writing. Matt Breeland spent the first part of his career on the insurance defense side, so he knows where carriers look for reasons to deny or reduce these claims, and he looks there first.

Talk With an Austin Uber Accident Lawyer

Getting hurt in an Uber, or by one, can leave you stuck between several insurers, each pointing at another. At Breeland Injury Law, Matt Breeland can review your crash and the coverage that applies to it, then walk you through your options.

Keep your trip screenshots and your policy’s declarations page handy. Call 512-764-3380 or contact us today to set up a free consultation with an Austin Uber accident lawyer.

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