What Happens if You are Injured in a Car Accident While Using a Rideshare Service?
When you hail a rideshare like Uber or Lyft, you trust that your ride will be safe. Yet accidents still happen. If you’re injured while riding in a rideshare vehicle, understanding your legal rights, insurance coverage, and what to do next can make a big difference in how well you recover — both physically and financially.
In this article, you’ll learn:
How rideshare accident claims differ from regular car accidents
Who may be liable and what insurance policies apply
A step-by-step checklist of what to do after the crash
What kind of compensation you might seek
How a lawyer can help
Frequently asked questions
This guide is written with Texas law in mind (Carrollton Injury Law is based in Texas), but many of the principles will apply broadly. Always consult an attorney in your state to understand local rules and deadlines.
1. Why a Rideshare Accident Case Is More Complicated
In a typical car crash, fault and insurance coverage follow a fairly straightforward path: the at-fault driver’s auto liability insurance compensates injured parties (up to policy limits). But rideshare accidents add extra layers of complexity:
The rideshare driver is usually classified as an independent contractor, not a direct employee of the company.
The driver’s activity status at the time of the crash matters (e.g., logged in, en route to pick up, or carrying a passenger).
Rideshare companies typically maintain their own commercial or contingent insurance policies that “kick in” depending on those driver statuses.
Insurance adjusters and corporate legal teams will closely scrutinize your statements, medical records, and the chronology of the ride to minimize liability.
Because of this complexity, injured parties often face more pushback and delays than in standard auto insurance claims.
2. Key Factors: Driver Status & Insurance Tiers
One of the most important details your attorney will evaluate after a rideshare crash is what the driver was doing at the exact moment of the collision. This factor determines which insurance policies apply and who may ultimately be responsible for covering your losses.
If the driver was offline and not using the rideshare app, then they were on a personal trip, and their own auto insurance policy would be the only coverage available—just like any other driver on the road. If the driver was logged into the app but hadn’t yet accepted a ride request, the rideshare company (such as Uber or Lyft) generally provides limited liability coverage, which varies by company and state. Once the driver has accepted a ride and is en route to pick up a passenger, the company’s commercial insurance policy typically becomes active, offering greater protection. Finally, when the driver is actively transporting a passenger, the highest level of coverage applies, which usually includes substantial bodily injury liability as well as uninsured and underinsured motorist protection.
Understanding the driver’s status at the time of the accident is crucial because it dictates which insurer will handle your claim—and whether the rideshare company’s powerful commercial policy will cover your injuries.
3. Who Can Be Held Liable?
Depending on the facts, one or more of the following may be legally responsible:
A. The Rideshare Driver
If the driver’s negligence caused or contributed to the crash (e.g., speeding, distracted driving, running a red light), you can hold the driver directly liable for your injuries.
B. The Rideshare Company
While rideshare companies often deny direct liability by labeling drivers as contractors, some claims may succeed if:
The company failed to enforce safety rules or vet drivers.
The company retained control over the driver’s operations (e.g., route, schedule) in such a way that a court sees an employment-like relationship.
The company’s commercial insurance policy responds under “vicarious liability” or contractual obligations.
In Texas, injured passengers commonly pursue claims against both the driver and the rideshare company.
C. Other Drivers or Third Parties
If a third-party driver caused the crash, or there was a defect in the road, signage, or another hazard, those parties may also be liable.
D. Uninsured or Underinsured Motorist (UM/UIM) Claims
If you’re injured in a wreck where the at-fault party has insufficient coverage, you may be able to tap into your own auto insurance’s UM/UIM provisions — and potentially the rideshare company’s uninsured/underinsured motorist policy. In a “trip-in-progress” scenario, the company’s UM/UIM coverage may apply.
4. What You Should Do Immediately After a Rideshare Crash
The steps you take (or fail to take) in the hours and days after the accident can make or break your claim. Here’s your checklist:
Seek Medical Care Immediately
Even if your injuries seem minor, some conditions (like internal bleeding or traumatic brain injury) may worsen or emerge later. Documenting treatment promptly helps tie your injuries to the crash.Call Law Enforcement
Having an official police report helps preserve evidence, record witness statements, and document fault.Document the Scene
Photograph damage to all vehicles, license plates, street signs, skid marks, and your injuries.
Collect names, contact info, and statements of witnesses.
Capture screenshots of your ride receipt, driver’s profile in the app, GPS route, and timestamped activity logs.
Notify the Rideshare Company
Use the app to report the accident. Both Uber and Lyft have built-in crash-reporting tools. But be cautious: insurers may use your statements or recorded interviews against you. Let your lawyer handle communications.Preserve Physical Evidence and Data
Request your app logs, GPS data, driver records, and any dashboard camera footage. Your attorney may issue a preservation letter or subpoena to prevent deletion.Keep a File of Medical/Expense Records
Track all bills, receipts, prescriptions, therapy, lost income statements, mileage to appointments, and any incidental expenses.Avoid Giving a Recorded Statement Without Legal Advice
The insurance adjuster may ask you to “just tell your side.” But even accurate statements can be taken out of context or exploited. Always consult an attorney before signing or recording anything.Contact a Personal Injury / Rideshare Attorney Promptly
Lawsuits have deadlines (statutes of limitation). In Texas, you generally have two years from the date of injury to file suit under § 16.003 of the Texas Civil Practice & Remedies Code.
5. What Compensation Can You Pursue?
If you successfully prove liability, you may seek reimbursement or compensation for a variety of damages, including:
Medical expenses (past, present, and future)
Lost wages or earning capacity
Pain and suffering
Emotional distress
Permanent impairment or disability
Scarring or disfigurement
Rehabilitation costs, therapy, assistive devices
Loss of enjoyment of life
In wrongful death scenarios — funeral and burial costs, loss of companionship, etc.
Your attorney will put together a damage calculation and negotiate with insurers or pursue litigation if settlement fails.
6. Challenges Unique to Rideshare Injury Claims
Because of the complexities of rideshare arrangements, you may face:
Denial that the driver was on an active ride
Disputes over whether the rideshare company’s commercial policy should apply
Arguments by insurers that injuries stemmed from preexisting conditions or unrelated incidents
Delays or resistance in producing ride logs or data
Attempts to shift blame to other drivers or parties
That’s why you benefit from having an experienced rideshare accident lawyer who knows how to counter these defenses.
7. How a Lawyer Helps You Navigate the Claim
A seasoned attorney can:
Immediately issue preservation letters for app data, GPS logs, dashcam footage
Handle negotiations with corporate and insurer defense teams
Analyze and identify all liable parties
Build and present an evidence-based damages case
Advise whether settlement is fair or whether to file suit
Represent you in court if litigation becomes necessary
Given the stakes involved in serious injury cases, professional representation often leads to stronger outcomes and prevents costly mistakes.
8. Timeline & Statute of Limitations (Texas Focus)
In Texas, the general statute of limitations for personal injury (including car or rideshare accidents) is two years from the date of injury.
Waiting too long can bar your right to sue at all. Because rideshare accident claims typically require collecting digital evidence from the rideshare company (which may purge or destroy data over time), you should contact a lawyer as soon as possible.
9. What Happens if You Were Partially at Fault?
Texas follows a modified comparative fault rule. If you bear any percentage of fault (e.g. 20%), your damages are reduced accordingly (i.e. you recover 80% of your total damages). However, if your fault is above 50%, you cannot recover compensation.
Because fault apportionment is often contested, gathering strong evidence (witnesses, video, expert accident reconstruction) is critical.
10. Sample Scenario (Hypothetical)
Imagine you request a ride at 5:00 pm. The driver accepts, arrives, and begins driving you toward your destination. Midway, the rideshare vehicle is struck by a distracted driver who ran a red light.
At the moment of the crash, the driver is “on a trip.” The rideshare company’s open liability policy should apply.
You collect photos, medical records, ride receipts, and witness statements.
Your lawyer requests driver app logs and dashcam footage.
You negotiate with insurers. The at-fault driver's insurer may also be liable.
You calculate your damages (medical bills, lost wages, pain and suffering) and pursue a settlement or file suit if necessary.
Such a case is more straightforward than a case where the rideshare company contends that the driver had logged off or wasn’t carrying a fare at the time.
11. Why Your Claim Deserves Careful Attention
Hidden or delayed injuries (e.g. brain trauma, internal damage) may arise days later.
The rideshare company has powerful defense resources and may tightly control internal data.
Insurance adjusters may undervalue claims, especially in complex cases involving multiple policies.
The window to preserve evidence is short — ride logs, GPS data, and app metadata may be erased or overwritten.
Your claim may involve multiple insurers and liability parties — you want a lawyer who can coordinate the strategy.
FAQ (Frequently Asked Questions)
Q: If I’m injured in a rideshare, do I always sue the rideshare company?
A: Not always. It depends on whether the driver was in "active" status and whether the company’s coverage applies. You might have a direct claim against the driver, or you may need to pursue coverage under multiple policies.
Q: Can I file a claim if I was a driver using the rideshare service and got injured?
A: Yes, but the analysis changes. If you were logged into the app and waiting for a ride, or actively transporting a passenger, the rideshare company’s coverage might apply (or your own insurer might have relevant UM/UIM coverage).
Q: What if I don’t own a car or have personal auto insurance?
A: You may still access the rideshare company’s coverage, especially when you are a passenger on a trip. That coverage often includes liability, uninsured/underinsured, and personal injury protection components under the commercial policy.
Q: Do I have to pay upfront or hourly legal fees?
A: Reputable personal injury and rideshare attorneys typically work on a contingency basis, meaning you pay no upfront fees — you pay only if your case succeeds.
Q: What if the rideshare company denies that the driver was “on a trip”?
A: Then your lawyer may fight via discovery and litigation to obtain internal logs, GPS data, or other evidence to show the correct status. You may also challenge the denial by opposing the insurance adjusters’ interpretation or by subpoenaing records.
Q: What is the deadline to file a lawsuit after a rideshare crash in Texas?
A: Generally two years from the injury date under Texas law. Missing that deadline can prevent you from suing.
Q: What if the driver is uninsured or underinsured?
A: You may use the rideshare company’s UM/UIM coverage (if triggered) or your own auto insurance’s uninsured/underinsured motorist coverage to fill the gap.
Conclusion & Next Steps
If you or a loved one is injured while using a rideshare service, your rights deserve protection. The layered insurance structures, data-driven defenses, and evolving case law make such claims more intricate than ordinary auto accidents. But with the right legal team, you can work to preserve evidence, demand fair compensation, and avoid traps laid by insurers.
If you’d like to discuss your claim or assess whether you have a viable injury claim, reach out to a skilled personal injury attorney in your area. Acting quickly can protect your rights and maximize your potential recovery.
