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Rideshare driver holding a smartphone with a rideshare app open while driving
By: Chris Brasure

What If You Were Injured in a Rideshare Accident in McAllen or Edinburg?

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Rideshare services such as Uber and Lyft have become a regular part of transportation in McAllen, Edinburg, Mission, Pharr, and throughout the Rio Grande Valley.

But what happens if your Uber or Lyft is involved in an accident?

If you are injured in a rideshare accident, figuring out who is responsible and which insurance policy applies can be more complicated than a typical two-car accident. The answer may depend on who caused the crash, whether you were a passenger, and what the rideshare driver was doing in the app when the accident occurred.

For injured people in McAllen, Edinburg, and throughout the Rio Grande Valley, understanding what to do after a rideshare accident can help protect your health, your evidence, and your potential claim.

Rideshare Accidents Can Involve Multiple Insurance Policies

One of the biggest differences between a rideshare accident and an ordinary car accident is the insurance involved.

Uber and Lyft maintain insurance coverage for drivers using their platforms, but the coverage can change depending on the driver’s status at the time of the accident.

For example, Uber currently explains that its coverage can differ depending on whether the driver is offline, online and waiting for a request, traveling to pick up a passenger, or actively transporting a passenger. Lyft similarly identifies different coverage periods based on the driver’s activity in the app.

That means the question isn’t simply:

“Was this an Uber or Lyft?”

It can also be:

“What was the driver doing on the rideshare platform when the accident happened?”

That distinction can affect which insurance coverage may apply.

What If You Were a Passenger in an Uber or Lyft?

If you were riding in an Uber or Lyft when the accident occurred, you may be able to pursue compensation for injuries depending on the circumstances.

For example, the accident might have been caused by:

  • The rideshare driver
  • Another driver
  • Multiple drivers
  • A dangerous roadway condition
  • Another potentially responsible party

If the rideshare driver caused the accident, the applicable rideshare insurance may become relevant.

If another driver caused the crash, that driver’s insurance may be responsible for the injuries and damages they caused.

Determining which coverage applies requires looking at the specific facts of the accident.

Uber states that rides are insured and provides coverage information for riders involved in accidents.

What If Another Driver Hit Your Uber or Lyft?

Not every rideshare accident is caused by the rideshare driver.

Imagine you are riding in an Uber through Edinburg when another driver runs a red light and crashes into the vehicle.

In that situation, the other driver may be responsible for causing the accident.

The same principle can apply if you are riding in a Lyft through McAllen and another vehicle changes lanes and hits your rideshare.

After a crash, it is important not to assume that the rideshare company is automatically responsible simply because its vehicle was involved.

An investigation may need to determine:

  • Who caused the collision
  • Whether multiple drivers contributed
  • What insurance coverage was available
  • Whether the rideshare driver was transporting a passenger
  • Whether the driver was traveling to pick someone up
  • Whether the driver was simply waiting for a request
  • Whether the driver was using the rideshare app at the time

What Happens If the Rideshare Driver Was Logged In But Didn’t Have a Passenger?

This is one of the situations that can make rideshare insurance particularly confusing.

A driver can be using the Uber or Lyft app without currently having a passenger in the vehicle.

For example, an Uber driver might be online and waiting for a ride request when another vehicle hits them.

Uber currently states that when a driver is online and available for a trip, its third-party liability coverage provides at least $50,000 per person and $100,000 per accident for bodily injury and $25,000 for property damage, subject to the applicable terms and state requirements.

Lyft similarly states that when its app is on and a driver is available to receive ride requests, it maintains third-party liability coverage of at least $50,000 per person, $100,000 per accident, and $25,000 for property damage when the driver’s personal insurance does not apply, subject to its coverage terms and applicable requirements.

Once the driver accepts a ride request and is traveling to pick up the passenger or is actively transporting the passenger, the applicable coverage can be different.

Uber currently describes at least $1 million in third-party liability coverage for covered accidents while a driver is en route to pick up a passenger or on a trip. Lyft similarly describes at least $1 million in third-party liability coverage in most markets during those periods, subject to exceptions and policy terms.

Because coverage depends on the circumstances, injured people should not assume they know which policy applies without investigating the accident.

What If You Were Injured as an Uber or Lyft Driver?

Rideshare drivers can also be injured in accidents.

If you drive for Uber or Lyft in the Rio Grande Valley and are injured in a collision, several insurance issues may need to be considered.

Potential sources of coverage could include:

  • The other driver’s insurance
  • The rideshare company’s applicable coverage
  • Your personal auto insurance
  • Rideshare-specific coverage
  • Other available insurance depending on the circumstances

Uber and Lyft both explain that drivers maintain their own personal auto insurance when they are not using the platform, while additional rideshare-related coverage may apply during different periods of platform activity.

If you are a rideshare driver who was injured, an attorney can help determine what insurance policies may be relevant to your particular accident.

What Should You Do Immediately After a Rideshare Accident?

Whether you were the passenger, rideshare driver, or another person involved in the collision, your first priority should be safety.

1. Get Medical Attention

If you are seriously injured, call 911.

Even if your injuries seem minor, consider getting evaluated by a medical professional.

Some accident injuries may not become obvious immediately.

2. Report the Accident

If law enforcement responds, cooperate with the investigation and obtain information about the report when available.

If you were riding with Uber or Lyft, report the accident through the appropriate rideshare application.

Uber instructs riders and drivers involved in crashes to report the incident through its safety and claims processes.

3. Take Photographs

If you are physically able and it is safe to do so, photograph:

  • Vehicle damage
  • The accident scene
  • Traffic signals
  • Road conditions
  • Visible injuries
  • License plates
  • Nearby businesses or landmarks
  • Skid marks or debris

Don’t put yourself in danger to take photographs.

4. Save Your Rideshare Information

If you were a passenger, preserve information from your trip.

This can include:

  • Trip receipt
  • Driver’s name
  • Vehicle information
  • Pickup location
  • Destination
  • Date and time of the ride
  • Screenshots of the trip
  • Communications through the app

This information can become useful when determining what happened and which insurance coverage may apply.

5. Get Witness Information

If anyone witnessed the collision, obtain their name and contact information when possible.

Independent witnesses may have information that helps clarify how the accident occurred.

6. Avoid Guessing About Fault

After a crash, you may feel pressured to explain what happened immediately.

Stick to what you know.

Do not guess about the speed of a vehicle, the driver’s intentions, or details you cannot remember.

7. Be Careful About Social Media

You may want to tell your friends about the accident.

Before posting photographs, videos, or statements about your injuries or the crash, consider how those posts could potentially affect an insurance claim or legal case.

It is generally better to discuss the details of your situation privately with your attorney.

What Evidence Can Matter in a Rideshare Accident?

Rideshare accidents can involve evidence that may not exist in a traditional crash.

Important evidence may include:

  • Police reports
  • Medical records
  • Photographs
  • Video footage
  • Dashcam footage
  • Traffic-camera footage
  • Witness statements
  • Rideshare trip records
  • Driver information
  • App records
  • Vehicle damage
  • Insurance information
  • Text messages or other communications

Businesses near busy intersections in McAllen and Edinburg may have surveillance cameras that could potentially capture an accident or the events immediately before it.

That footage may not be available forever.

Preserving evidence early can therefore be important.

What If the Insurance Company Contacts You?

After an accident, an insurance adjuster may contact you to ask questions about what happened.

Remember that an insurance company has an interest in evaluating and resolving the claim.

Before giving a recorded statement, signing documents, or accepting a settlement, make sure you understand what you are agreeing to.

This is especially important when multiple insurance policies may be involved.

An attorney can review the circumstances of your accident and help you understand what information may be important to your claim.

What Damages Could You Recover After a Rideshare Accident?

The damages available in a personal injury case depend on the circumstances and applicable Texas law.

Depending on the facts, an injured person may have damages involving:

  • Medical expenses
  • Future medical treatment
  • Lost wages
  • Loss of earning capacity
  • Physical pain
  • Emotional suffering
  • Physical impairment
  • Disfigurement
  • Other losses associated with the injury

The severity of the injury and its effect on the person’s life can be important when evaluating a claim.

For example, a serious brain injury or spinal injury may require significantly more medical treatment and long-term care than a minor injury.

What If You Were Injured in a Rideshare Accident but the Other Driver Had No Insurance?

An accident can become even more complicated when the driver who caused the collision does not have adequate insurance.

Depending on the circumstances and applicable policies, uninsured or underinsured motorist coverage may become relevant.

Uber and Lyft both note that certain first-party coverages, including uninsured or underinsured motorist coverage, may be available depending on the state, circumstances, and applicable insurance arrangements.

Because these coverages can vary, an attorney can help investigate what insurance may be available rather than assuming there is no possible source of recovery.

How Can a Brasure Law PLLC Help?

Rideshare accident claims can involve more moving parts than a typical two-car collision.

Chris Brasure of Brasure Law PLLC can help injured clients understand the process and investigate the circumstances surrounding their accident.

Depending on the case, that may include:

Investigating the Accident

An attorney can review police reports, photographs, witness information, medical records, vehicle damage, and other available evidence.

Identifying Potentially Responsible Parties

The responsible party may be the rideshare driver, another driver, multiple parties, or another person or entity depending on the facts.

Determining What Insurance May Apply

The applicable insurance can depend on the driver’s rideshare status at the time of the crash and the circumstances of the accident.

Preserving Evidence

An attorney can help identify evidence that may be important to the case and work to preserve relevant information.

Communicating With Insurance Companies

Instead of trying to manage complicated insurance conversations while recovering from an injury, an attorney can communicate with insurers and advocate for your interests.

Evaluating Your Damages

Medical expenses, lost income, physical pain, and other losses may all need to be considered when evaluating a personal injury claim.

Negotiating a Settlement

If an insurance company offers a settlement, an attorney can help evaluate whether it adequately addresses the damages associated with your injuries.

Don’t Assume a Rideshare Accident Is Just a Normal Car Accident

An Uber or Lyft accident may look like a regular collision from the outside, but the insurance and liability questions can be more complicated.

The driver’s status in the rideshare app can matter.

Who caused the accident can matter.

Whether you were a passenger can matter.

The available insurance policies can matter.

And the evidence documenting what happened can matter.

If you are injured in a rideshare accident in McAllen, Edinburg, or elsewhere in the Rio Grande Valley, understanding those issues early can help you make informed decisions about your claim.

Brasure Law PLLC Helps Injured Clients Throughout the Rio Grande Valley

If you were injured while riding in an Uber or Lyft, driving for a rideshare service, or involved in a collision with a rideshare vehicle, Brasure Law PLLC can help you understand your legal options.

Chris Brasure can walk you through the process, investigate the accident, identify potentially responsible parties, communicate with insurance companies, and help you pursue the compensation you may be entitled to under Texas law.

Brasure Law PLLC serves injured clients in McAllen, Edinburg, Mission, Pharr, and communities throughout the Rio Grande Valley.

If you have been injured in a rideshare accident, getting legal guidance early can help you understand your rights and make informed decisions about what comes next. Stay safe and contact Braseure Law PLLC today!

By Chris Brasure