If you were injured in an Uber or Lyft accident in Texas, the insurance available to compensate you depends heavily on what the driver’s app was doing at the moment of the crash. Texas regulates rideshare companies as transportation network companies (TNCs) and requires them to carry different levels of insurance depending on whether the driver was offline, waiting for a match, or actively transporting a passenger. Sorting out which policy applies, and who is liable, is often the biggest challenge in a rideshare accident claim. An experienced Texas rideshare accident attorney can help identify the coverage that applies to your Uber or Lyft injury claim and protect your right to file within the state’s deadlines.

Texas Law Governing Rideshare Companies

Uber and Lyft operate in Texas as transportation network companies (TNCs), regulated statewide under Chapter 2402 of the Texas Occupations Code. This law sets rules for driver background checks, vehicle standards, and permitting, and it preempts individual Texas cities from creating their own separate rideshare regulations.

A companion law, Chapter 1954 of the Texas Insurance Code, sets the minimum insurance coverage TNCs and their drivers must carry. Understanding this framework is often the starting point for any Uber or Lyft injury claim in Texas.

Insurance Coverage Depends on the Driver’s Phase

Texas Insurance Code Chapter 1954 ties available coverage to what the rideshare app was doing at the time of the crash:

• App off. No TNC coverage applies. Only the driver’s personal auto policy is available, subject to standard Texas minimum liability limits.
• App on, no ride accepted. Under Insurance Code section 1954.052, the TNC must provide at least $50,000 per person and $100,000 per accident in bodily injury coverage, plus $25,000 in property damage coverage.
• Ride accepted through drop-off. Under Insurance Code section 1954.053, the TNC must provide at least $1 million in combined liability coverage, along with uninsured and underinsured motorist coverage and personal injury protection.

Section 1954.054 also requires the TNC to provide coverage starting with the first dollar of a claim if a driver’s own policy has lapsed or excludes rideshare activity, closing what would otherwise be a coverage gap.

Who Pays When You’re Injured in an Uber or Lyft Accident

Liability in a rideshare crash can fall on the Uber or Lyft driver, another negligent motorist, or in some cases a third party, such as a vehicle manufacturer. Because more than one insurance policy may be in play, insurers sometimes dispute which coverage phase applied or try to shift responsibility elsewhere.

Texas follows a modified comparative negligence rule under Civil Practice and Remedies Code section 33.001. An injured person can recover damages as long as they are not found 51 percent or more at fault for the accident, but any award is reduced by their own percentage of responsibility. Because fault percentages directly affect how much compensation is available, this is often a heavily contested issue in rideshare claims.

Deadline to File a Claim

Under Texas Civil Practice and Remedies Code section 16.003, a person injured in an accident generally has two years from the date of the crash to file a personal injury lawsuit. Claims involving a death must also generally be filed within two years of the date of death.

Missing this deadline can permanently bar a claim, no matter how strong the underlying facts are. Because rideshare cases can involve multiple insurers and disputes over which coverage phase applied, it is best to begin gathering evidence and speaking with an attorney well before the deadline approaches.

Steps to Take After a Rideshare Accident in Texas

1. Get medical attention. Some injuries are not obvious right away, and prompt treatment also documents the harm you suffered.
2. Report the crash. Contact law enforcement and report the incident through the Uber or Lyft app.
3. Document the scene. Photograph vehicle damage, visible injuries, and the surrounding area, and collect witness contact information.
4. Save your trip details. Screenshot the ride receipt, driver information, and trip timeline before the app makes them harder to access.
5. Avoid giving a recorded statement to any insurance company before speaking with an attorney.
6. Consult a rideshare accident attorney who can identify which insurance policy applies to your Uber or Lyft injury claim and protect your right to file within Texas’s deadlines.

Why Work With a Texas Rideshare Accident Attorney

Rideshare claims involve layered insurance policies, disputed coverage phases, and insurers looking to minimize what they pay. The attorneys at Morgan Bourque Attorney at Law handle rideshare accident claims and other auto accident cases throughout The Woodlands, Conroe, Montgomery County, and Houston, working to identify every available source of coverage and pursue fair compensation on your behalf.

The firm represents injured clients on a contingency-fee basis, meaning you owe nothing unless they win your case. Call (713) 766-6001 for a consultation after a rideshare accident.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.