Most rideshare articles focus on passengers. But many of the people hurt in Uber and Lyft crashes were never in the rideshare at all. They were driving their own car, walking across a street, or riding a bike. If a rideshare driver caused the crash, you may have access to much more insurance than a normal car accident would offer.
The Key Question: What Was the Driver's App Doing?
Texas law sets coverage based on the driver's status in the app at the moment of the crash:
- App off: only the driver's personal auto policy applies. Texas minimums are $30,000 per person, $60,000 per accident, and $25,000 for property damage.
- App on, waiting for a ride: at least $50,000 per person, $100,000 per incident, and $25,000 for property damage (Texas Insurance Code Section 1954.052).
- Ride accepted, on the way, or passenger on board: a total of $1,000,000 per incident for death, bodily injury, and property damage (Section 1954.053).
The difference between these tiers is enormous, and the driver may not volunteer which one applies.
How to Find Out Which Coverage Applies
You usually cannot see the driver's app yourself, so gather what you can at the scene:
- Note any Uber or Lyft sign on the windshield and whether there was a passenger in the car.
- Ask the driver directly whether they were on a trip or logged in, and write down the answer.
- Get the driver's name, plate, and insurance, and photograph the vehicle.
- Make sure the police report notes that the vehicle was being used for rideshare.
The rideshare company keeps the app records that show the driver's exact status. Those records are what ultimately determine which policy applies, and they are not kept forever.
Pedestrians and Cyclists
If you were walking or riding a bike, you are covered by the same rideshare tiers as anyone else hurt by the driver. Insurers often argue that pedestrians or cyclists share the blame, for example by crossing outside a crosswalk or riding without lights. That matters because of the next rule.
The 51% Rule Can Make or Break Your Claim
Under Texas proportionate responsibility law (Chapter 33 of the Civil Practice and Remedies Code), your compensation is reduced by your share of fault, and if you are found more than 50% at fault, you recover nothing. Photos, witness names, and nearby cameras can be the difference between a full recovery and none.
Your Own Insurance as Backup
If you carry PIP on your own Texas auto policy, it can pay medical bills and lost wages right away regardless of fault. Collision coverage can repair your car while the claim against the rideshare driver is sorted out. If the rideshare driver turns out to have only personal coverage, your own uninsured or underinsured motorist coverage may help fill the gap.
Deadlines
Texas generally gives you 2 years from the date of the crash to file a personal injury lawsuit (Civil Practice and Remedies Code Section 16.003). Do not wait on the evidence, though. App data, dashcam footage, and business security video can be overwritten in days or weeks.