You got into an Uber or Lyft, put your seatbelt on, and let someone else do the driving. Then a crash happened. Now you’re sitting on the side of the road — or maybe in an ER — wondering who’s responsible for your medical bills, your lost wages, and everything else that just changed in an instant.
This question trips up a lot of people because rideshare accidents are genuinely more complicated than a standard two-car collision. There are multiple insurance policies in play, a company structure that Uber and Lyft have spent years engineering to limit their own exposure, and Texas-specific rules that govern how claims get filed and paid. If you’re a passenger in Arlington who just went through this, read this carefully before you talk to any insurance adjuster.
Dashner Law Firm | Arlington Injury & Accident Attorney handles rideshare injury cases throughout Texas, and the questions below are the ones our clients ask most. Here’s what you actually need to know.
What to Do Right After a Rideshare Accident as a Passenger in Arlington?
The minutes and hours after the crash matter more than most passengers realize. Your actions in that window affect your ability to recover compensation later.
Call 911 first. Even if the driver insists the crash was minor or suggests you settle without a report, get police to the scene. In Texas, a police report creates an official record that insurance companies must take seriously. Without it, your word against the driver’s word becomes the baseline of your claim.
Get the names and insurance information of all drivers involved — your Uber or Lyft driver and any other driver. Screenshot the Uber or Lyft app before you close it. That screen shows the trip in progress, the driver’s name, the vehicle, and the timestamp. That data can disappear if the trip gets canceled or the app is closed.
Document your injuries. Take photos at the scene. If you have visible injuries — cuts, bruising, swelling — photograph them. Go to an emergency room or urgent care the same day, even if you feel okay. Soft tissue injuries, brain injuries, and internal trauma often don’t produce severe symptoms for 24 to 72 hours after impact, according to research published through the Mayo Clinic. A gap in medical treatment gives insurers ammunition to argue you weren’t seriously hurt.
Do not give a recorded statement to any insurance company — not the rideshare company’s insurer, not the other driver’s insurer — until you’ve spoken to a rideshare accident attorney. Adjusters are trained to ask questions that produce answers they can use to reduce your payout.
Who Pays When You Are in an Accident With a Rideshare Vehicle in Texas?
This is where most passengers get confused, and the confusion is understandable. The answer depends on what the Uber or Lyft driver was doing at the exact moment of the crash.
Texas law, along with Uber and Lyft’s own insurance policies, breaks rideshare driver status into three distinct periods:
Period 0 is when the app is off entirely. If a driver hits someone while not logged in, their personal auto insurance covers everything. The rideshare company’s policy is completely irrelevant.
Period 1 is when the driver has the app open and is waiting for a ride request but has not yet accepted one. During this period, Uber and Lyft provide limited contingent liability coverage — $50,000 per person for bodily injury, $100,000 per accident, and $25,000 for property damage. This only kicks in if the driver’s personal insurer denies the claim, which they often do once they discover the driver was using the vehicle for commercial purposes.
Period 2 begins when the driver accepts a ride request and is on the way to pick up the passenger. Period 3 is when the passenger is actually in the vehicle. If you were in the car and a crash happened, you were in Period 3.
During Periods 2 and 3, both Uber and Lyft carry $1 million in third-party liability coverage. This is the policy that matters most to injured passengers. That $1 million applies per occurrence, and it covers passengers if the rideshare driver caused the crash or another driver caused it and doesn’t have enough coverage.
If another driver caused the crash and had minimal liability insurance — Texas requires only $30,000 per person in bodily injury liability — the rideshare company’s uninsured/underinsured motorist (UM/UIM) coverage can bridge the gap. This is often where the real money for seriously injured passengers comes from.
For a thorough breakdown of how Texas auto liability laws apply to these situations, Cornell Law School’s overview of insurance law provides useful background on how courts interpret coverage disputes.
Who Is Liable in a Rideshare Accident in Texas?
Liability in a Texas rideshare accident doesn’t automatically land on one party. Multiple defendants can share fault under Texas’s proportionate responsibility system.
The other driver is liable if they caused the crash — ran a red light, rear-ended the Uber, drove drunk. Texas uses a modified comparative fault rule. As long as a party is less than 51% responsible for the accident, they can still recover damages. Under Texas Civil Practice & Remedies Code § 33.001, if a defendant is found 30% at fault, they pay 30% of your damages.
The Uber or Lyft driver can be personally liable if their negligence caused the accident — speeding, distracted driving, ignoring traffic signals.
Uber and Lyft themselves present a more complicated question. Both companies classify drivers as independent contractors, not employees, specifically to limit their direct liability. Courts have generally upheld this structure, though some jurisdictions have challenged it. Under Texas law, the companies’ primary exposure comes through their insurance policies rather than through direct employer liability. This is a key reason why the $1 million policy is structured the way it is — it lets the company pay claims without admitting employment status.
Third parties can also be liable. If a defective vehicle part contributed to the crash, the manufacturer might share liability. If a road defect like a failed traffic signal or an unmarked hazard played a role, a government entity might be involved. These cases are harder to pursue but worth investigating.
Our Texas rideshare accident attorneys examine all of these angles before deciding which defendants to pursue.
Who Do I Sue After a Rideshare Accident in Texas?
The short answer is: whoever’s negligence caused your injuries. But identifying the right defendants requires knowing which insurance coverage applies and how much is available.
For most passengers, the claim begins with Uber or Lyft’s $1 million commercial liability policy. The insurer for that policy — not Uber or Lyft directly — is the entity you’ll be negotiating with or, if necessary, suing.
If the other driver caused the accident, you file against their auto liability insurer. If their policy limits are too low to cover your damages, you then look to the rideshare company’s UM/UIM coverage.
If there’s a defective product involved — a brake failure, a tire blowout, an airbag malfunction — you can pursue the vehicle manufacturer or parts maker under Texas products liability law. According to FindLaw’s overview of product liability, manufacturers can be held strictly liable for defective products without requiring proof of negligence.
In rare cases involving road design or maintenance defects, you may have a claim against a government entity. These cases require filing a formal notice of claim, and the deadlines are shorter than in standard injury cases — sometimes as few as six months. Missing that window can permanently bar your claim.
The practical answer to “who do I sue” is this: you sue whoever had a duty of care toward you, breached that duty, and caused your injuries. A rideshare accident attorney maps this out before your case is filed, not after.
What Happens If You Have Rideshare Insurance and Get Into an Accident While Driving for Uber in Texas?
This section is for Uber and Lyft drivers who carry a rideshare endorsement on their personal auto policy — a coverage product specifically designed to close the gap between personal and commercial coverage.
Standard personal auto policies in Texas include a transportation network company (TNC) exclusion. Once you’re logged into the Uber or Lyft app — even if you haven’t accepted a ride yet — many personal insurers will deny claims. The Insurance Information Institute has documented this coverage gap extensively.
A rideshare endorsement (sometimes called a TNC endorsement) extends your personal policy to cover Period 1 activity. So during that waiting-for-a-request window, your personal insurer — not just Uber or Lyft’s contingent coverage — picks up the claim.
During Periods 2 and 3, the rideshare company’s $1 million commercial policy is primary. Your personal rideshare endorsement sits behind it. Whether your personal coverage is needed depends on whether the commercial policy fully covers the damages.
If you’re an Uber or Lyft driver involved in an accident during an active trip and you’re at fault, here’s the practical sequence: Uber or Lyft’s commercial carrier handles the injured passenger’s claim first. Your personal rideshare endorsement could help cover your own vehicle damage if you also have collision coverage under your personal policy, since the rideshare company’s contingent collision coverage comes with a $2,500 deductible and requires you to already carry collision personally.
For drivers who haven’t added a rideshare endorsement yet: in Texas, companies like State Farm, Allstate, USAA, and others offer these endorsements at relatively low cost. The gap without one can leave you personally exposed during Period 1 incidents.
How Much Is My Rideshare Accident Worth in Texas?
No honest attorney will give you a settlement number at the first meeting. Any lawyer who quotes you a dollar figure before reviewing your medical records, the police report, and the insurance policies isn’t being straight with you.
That said, here are the categories of damages that Texas law allows injured passengers to pursue:
Economic damages are calculable losses — past and future medical expenses, lost wages, loss of earning capacity, rehabilitation costs, and out-of-pocket expenses. These are documented through medical bills, pay stubs, employer statements, and expert testimony from vocational or medical specialists.
Non-economic damages include pain and suffering, mental anguish, disfigurement, and loss of enjoyment of life. Texas does not cap non-economic damages in ordinary personal injury cases — only in medical malpractice claims. This means a jury can award a significant amount for these categories if your injuries genuinely affected your quality of life.
Punitive damages (called exemplary damages in Texas) are available in cases where the defendant acted with fraud, malice, or gross negligence. If the driver was intoxicated — a situation that can involve a Texas DWI accident attorney — exemplary damages may be on the table. Under Texas Civil Practice & Remedies Code § 41.008, exemplary damages are capped at the greater of $200,000 or two times economic damages plus up to $750,000 in non-economic damages.
The value of a rideshare accident case scales with the severity of the injury. A soft tissue strain that resolves in six weeks is worth far less than a traumatic brain injury that affects someone’s ability to work for decades. Insurers know this. They also know that unrepresented claimants settle for less — often significantly less — than those with an attorney.
According to data reviewed by Justia, plaintiffs with legal representation in personal injury cases tend to recover substantially higher amounts than those who negotiate alone, even after attorney fees.
Some factors that increase case value in Texas rideshare accidents: documented treatment from the accident date forward, clear liability (surveillance footage, witness statements, police citations against the other driver), involvement of a commercial policy with high limits, and injuries with lasting effects on your ability to work or function.
Why Your Next Step Matters More Than You Think?
Insurance adjusters from Uber, Lyft, or the at-fault driver’s insurer will contact you. They’re not there to make sure you’re compensated fairly. Their job is to close your claim for as little money as possible. Anything you say — including phrases like “I’m feeling okay” or “it wasn’t that bad” — gets logged and used.
The rideshare accident insurance structure is deliberately complicated. Period designations, contingent coverage, UM/UIM stacking, product liability angles — understanding which policies apply and how to access them requires working through these layers methodically. Most people who try to navigate it alone leave money on the table.
You can read more about how our team approaches rideshare cases and what clients in similar situations have experienced by reviewing our verdicts and settlements.
Geoffrey Dashner has handled personal injury cases throughout Texas, including rideshare accident claims, car accident claims, and cases involving serious injuries. The firm serves clients across the state from its base in Arlington, Texas.
Speak With a Rideshare Accident Lawyer in Arlington Today
If you were hurt as a passenger in an Uber or Lyft, or if you’re a rideshare driver dealing with a crash claim, you have a limited window to act. Texas’s statute of limitations for personal injury claims is two years from the date of the accident under Texas Civil Practice & Remedies Code § 16.003. But evidence fades, witnesses forget, and app data gets purged. Moving earlier protects your claim.
Dashner Law Firm | Arlington Injury & Accident Attorney offers free consultations for rideshare accident victims throughout Texas. There’s no fee unless we recover compensation for you.
Contact us to schedule your consultation, or call us directly at (817) 203-8018.
You can also visit our Arlington office at 4275 Little Rd # 205, Arlington, TX 76016.