Filing a Rideshare Accident Claim in Irving, Texas

Written by Geoffrey Dashner. Read more about the author.

Rideshare crashes are messier than standard car accidents. There are more parties involved, more insurance policies in play, and companies like Uber and Lyft with legal teams whose job is to minimize what they pay out. If you were hurt in a rideshare crash in Irving, you need to understand the process before you start making calls to insurance adjusters. This post walks through exactly how the claims process works in Texas, what the deadlines look like, and who actually bears responsibility when things go wrong.

At Dashner Law Firm | Irving Injury & Accident Attorney, we handle these cases regularly. What I see most often is people waiting too long, accepting the first offer, or not realizing they had a viable claim against Uber or Lyft’s commercial policy — not just the driver’s personal coverage.

How to File a Rideshare Accident Claim in Texas in Irving?

Filing a rideshare accident claim in Irving, Texas follows a specific sequence, and skipping steps early on creates problems later.

Step 1: Get medical attention first. Even if you feel fine at the scene, go to the ER or urgent care that day. Research from the CDC consistently shows that soft tissue injuries, concussions, and internal trauma often don’t produce peak symptoms until 24-72 hours after a crash. A same-day medical record ties your injuries directly to the accident — which matters enormously when an adjuster tries to argue your injuries were pre-existing.

Step 2: Document the scene and the app. Take screenshots of your Uber or Lyft app showing the ride in progress, the driver’s name and photo, the trip route, and your pickup/dropoff details. This is time-stamped proof you were an active passenger. Photograph vehicle damage, license plates, street signs, and any visible injuries.

Step 3: Report the crash to the rideshare company. Both Uber and Lyft have in-app accident reporting. Use it. This creates an internal record that you were involved in an incident on their platform. Don’t narrate your injuries in detail at this stage — just report that an accident occurred.

Step 4: Identify which insurance policy applies. This is where most people get confused. Uber and Lyft both maintain commercial liability policies, but coverage depends on the driver’s status at the time of the crash. The driver’s app status — offline, app on but no ride accepted, or actively transporting a passenger — determines which tier of coverage applies. I’ll break this down in more detail below.

Step 5: File a claim with the appropriate insurer. If you were a passenger in the rideshare vehicle and the driver caused the crash, you file against Uber or Lyft’s $1 million commercial liability policy. If another driver caused the crash, you file against that driver’s personal insurance first. If that driver is uninsured or underinsured, Uber and Lyft’s UM/UIM coverage may apply.

Step 6: Contact a rideshare accident attorney before accepting any settlement. Adjusters move fast. They may call you within days offering a settlement that sounds reasonable but is far below what your case is actually worth. Once you accept and sign a release, you cannot come back for more — even if your medical bills exceed the offer months later.

Our Texas rideshare accident attorneys handle the entire claims process, including dealing directly with Uber and Lyft’s insurers so you don’t have to.

How Long Do I Have to File a Lawsuit After a Rideshare Accident in Texas?

Texas operates under a two-year statute of limitations for personal injury claims. Under Texas Civil Practice and Remedies Code § 16.003, you have two years from the date of the accident to file a lawsuit. Miss that window and the court will almost certainly dismiss your case, regardless of how strong it is.

Two years sounds like a long time. It goes fast, especially when you’re focused on recovering from injuries, dealing with medical bills, and trying to get back to work. I’ve talked to people who called us at month 20 thinking they had plenty of time — and we were scrambling to get everything filed.

There are a few situations that can alter the standard two-year clock. If the injured person is a minor, the statute of limitations typically doesn’t start running until they turn 18. If the at-fault party is a government entity — say, a city vehicle was involved — you may have as little as six months to file a formal notice of claim, which is a separate and earlier requirement.

Wrongful death claims also carry a two-year window, but it runs from the date of death, not necessarily the date of the accident. If you lost a family member in a rideshare crash, speak with a Texas wrongful death attorney as soon as possible.

The practical reason to contact an attorney well before the deadline: evidence disappears. Dashcam footage gets overwritten. Witnesses move. Rideshare app logs may not be preserved unless formally requested. The earlier we get involved, the more we can document and preserve.

How Quickly Can a Rideshare Accident Attorney Start My Claim?

In my experience, we can open a file and begin working on a case within 24 hours of an initial consultation. The consultation itself is free and usually takes 30-60 minutes. From there, here’s what happens quickly:

Within the first few days, we send preservation letters to Uber or Lyft demanding they retain all data related to the trip — GPS records, driver app logs, communications, and any internal incident reports. These letters carry legal weight. If the company destroys evidence after receiving a preservation demand, that can be used against them in court.

We also request the police report, contact any witnesses, and begin gathering your medical records. If your injuries are ongoing, we coordinate with your treatment providers to document everything properly.

One thing I tell clients at the start: you don’t need to have everything figured out before you call. You don’t need to know which insurance company is responsible, what your injuries are “worth,” or whether you even have a case. That’s our job to figure out. What matters is that you call before time passes and before you say something to an adjuster that could be used against you.

Contact us to schedule a free consultation. There’s no fee unless we recover compensation for you.

What Happens If You Have Rideshare Insurance and Get Into an Accident While Driving for Uber in Texas?

This question comes up frequently from drivers, not just passengers. If you were driving for Uber or Lyft in Texas and got into a crash, the insurance picture depends on exactly what phase of the trip you were in.

Texas law and both companies’ insurance structures divide driving activity into three periods:

Period 1: The app is on, but you haven’t accepted a ride request yet. In this period, Uber and Lyft provide contingent liability coverage — $50,000 per person, $100,000 per accident for bodily injury, and $25,000 for property damage. This contingent coverage only kicks in if your personal auto policy denies the claim, which it likely will if your insurer finds out you were driving for a rideshare company at the time.

Period 2: You’ve accepted a ride and are on the way to pick up the passenger. Full $1 million commercial liability coverage applies. Comprehensive and collision coverage also applies if you carry it on your personal policy, subject to a deductible.

Period 3: A passenger is in your vehicle. Same $1 million commercial liability coverage.

If you have a rideshare endorsement or a commercial policy, that gap in Period 1 is partially addressed. But even with that coverage, disputes arise over whether your insurer’s endorsement overlaps correctly with Uber or Lyft’s policy. These disagreements can leave drivers in a coverage gap at exactly the wrong moment.

Drivers who are injured in a crash during Period 1 — hit by another vehicle while waiting for a ride request, for example — sometimes find themselves in the most precarious position. Their personal insurer may deny the claim because the app was on. Uber or Lyft’s contingent coverage may apply, but getting it paid out requires proving the personal insurer actually denied coverage first. That chain of proof takes time and documentation.

If you were driving for Uber and got into an accident in Texas, talk to a rideshare crash attorney before making any recorded statements to any insurer. What you say in the first call can affect coverage determinations.

Who Is Liable in a Rideshare Accident in Texas?

Liability in a rideshare accident in Texas can fall on multiple parties simultaneously. Texas follows a modified comparative fault rule — under Texas Civil Practice and Remedies Code § 33.001, you can recover damages as long as you are not more than 50% at fault for the accident. Your recovery is reduced by your percentage of fault.

Here’s how liability typically breaks down:

The Uber or Lyft driver is liable if their negligence caused the crash — speeding, running a red light, distracted driving, or making an unsafe lane change. As an active rideshare driver during Period 2 or 3, Uber or Lyft’s $1 million policy covers claims against the driver for injuries to passengers and third parties.

Uber or Lyft directly can be liable if negligence in their platform contributed to the crash. This is harder to establish, but not impossible. Examples include situations where the company’s algorithm directed a driver to make a dangerous maneuver, or where a driver with a known history of unsafe driving was kept on the platform. The American Bar Association has published analysis on the evolving standards for platform liability in gig economy cases.

Another driver is liable if they caused the crash and the rideshare vehicle was merely a victim. In that scenario, you pursue the at-fault driver’s personal auto insurance first. If they’re uninsured or their policy limits are too low to cover your injuries, Uber or Lyft’s uninsured/underinsured motorist coverage — which is required under Texas law — provides a backstop.

The vehicle manufacturer can be liable if a defect in the vehicle contributed to the crash — brake failure, tire blowout due to a manufacturing defect, or a faulty safety system. These are product liability claims and require a different investigation and expert analysis.

One scenario I see in Irving and the broader DFW area: crashes involving rideshare vehicles near high-traffic zones like the Las Colinas area or around Irving Mall, where lane configurations and merging patterns create frequent collision points. When those crashes happen, sorting out which driver had the right of way — and documenting it properly with surveillance footage or witness statements — is critical to establishing fault.

If the crash involved a rideshare driver who was intoxicated, there’s potential for additional punitive damages beyond standard compensation. Texas DWI accident claims carry specific considerations — our Texas DWI accident attorneys handle those as well.

Injured pedestrians present a separate liability picture. If you were on foot and hit by a rideshare vehicle, see our Texas pedestrian accident attorneys page for how those claims work.

What Rideshare Accident Compensation Actually Covers?

People often ask what they can actually recover in a rideshare accident claim. Texas personal injury law allows recovery for:

Economic damages — medical bills (past and future), lost wages, loss of earning capacity, costs of ongoing treatment, physical therapy, prescription medication, and transportation to medical appointments.

Non-economic damages — pain and suffering, mental anguish, loss of enjoyment of life, and disfigurement. These are harder to quantify but often represent the largest portion of a fair settlement in serious injury cases. Research published through NIH documents the long-term psychological impact of traumatic accident injuries, which supports the legitimacy of these claims.

Punitive damages — only in cases of gross negligence or intentional misconduct. Rare, but available under Texas law when the conduct is egregious.

Traumatic brain injuries in particular tend to produce the most underestimated long-term costs. What looks like a minor concussion can involve months of cognitive symptoms, inability to work, and significant treatment expenses. Our Texas brain injury attorneys handle these cases specifically.

You can read about past results and what our Irving clients say on our verdicts and settlements page.

Ready to Talk About Your Case

If you were hurt in a rideshare accident in Irving, the steps you take in the first days and weeks matter more than most people realize. The insurance companies are organized and moving quickly. You should be too.

Dashner Law Firm | Irving Injury & Accident Attorney represents injured riders, passengers, pedestrians, and drivers throughout Irving and across Texas. Consultations are free. We work on contingency — you pay nothing unless we win. Learn more about our team and our experience before you decide.

Call us at (972) 635-4460 or contact us online to schedule your consultation. You can also visit our office at 4500 Fuller Dr, Irving, TX 75038. We’re here, and we’re ready to get to work on your case.