// Texas Rideshare Guide · 2026

Hit by an Uber or Lyft Driver in Texas? Your Rights as a Driver, Pedestrian, or Cyclist

You do not have to be a passenger to have a rideshare claim. If an Uber or Lyft driver caused your crash, here is how Texas coverage works for other drivers, pedestrians, and cyclists.

Updated October 2026  ·  RideClaim.ai Research Team

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.

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Frequently Asked Questions

An Uber driver hit my car. Does Uber's insurance cover me?

It depends on what the driver's app was doing. If they had accepted a ride or had a passenger, Texas law requires $1,000,000 in coverage. If they were logged in and waiting, the minimum is $50,000 per person. If the app was off, only their personal insurance applies.

I was a pedestrian hit by a Lyft driver. Am I covered?

Yes, the same rideshare coverage tiers apply to pedestrians and cyclists hurt by the driver. Your recovery can be reduced if you are found partly at fault, and blocked if you are found more than 50% at fault.

How do I prove the driver was working for Uber or Lyft?

Photograph any rideshare sign, note whether a passenger was in the car, ask the driver, and make sure the police report records it. The company's app records are the final proof.

How long do I have to file?

Generally 2 years from the date of the crash in Texas.

Sources: Tex. Ins. Code §§ 1954.001, 1954.052, 1954.053 · Tex. Civ. Prac. & Rem. Code § 16.003 and Chapter 33

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RideClaim.ai is not a law firm and does not provide legal advice. This article provides general information and is not a substitute for advice from a licensed attorney. Laws change, and individual cases depend on their specific facts.