The Legal Implications of a Uber Car Accident in Texas

Around 15 million people use Uber daily to get where they’re going. However, while ride-sharing companies like Uber make life significantly easier for many, they aren’t without flaws. Some economists say services like Uber have led to an increase in motor accidents. A study says that the increase in ride-sharing app popularity has increased the risk of car occupant and pedestrian deaths by two to three percent. While not everyone may agree on these statistics, the possibility of getting into an Uber car accident in Texas does exist. Continue reading to learn everything you need to know about this type of accident. 

Uber’s Insurance Policy

Understanding when and how Uber or other ridesharing companies are liable for rideshare accidents can be challenging. For example, whether an Uber driver was on duty or off the clock makes a big difference in your legal options. Uber itself can’t be held liable for any damages if the driver wasn’t on duty. 

Of course, the Uber driver can be held liable regardless of whether they were on duty. But if they weren’t on the clock, then you’d need to file against them and their vehicle insurance personally. But how can you know tell if an Uber driver is on duty?

Sometimes, determining whether a driver is considered on duty can be challenging. Generally, however, a driver will be considered on the clock if:

• They were providing a ride to a passenger
• They were driving to pick up an Uber customer
• They were driving at any time with the Uber app on

Since a ride-sharing accident can be complicated, it’s highly recommended you work with an attorney who understands these types of accidents. The laws can also vary from one state to another, so working with a Texas Uber car accident attorney is crucial. 

Filing a Claim Against Uber’s Insurance Policy

Uber has an insurance policy worth over a million dollars for accident purposes. This policy is meant to cover property damages and medical bills that result from an actively working Uber driver. However, Uber and other ride-sharing apps are known to fight against paying any compensation whenever they believe they can get away with it. 

Before you can file a claim for damages against Uber’s insurance policy, you have to prove that the involved Uber driver involved was actively working. But, after this, you’ll have to prove that Uber, as a company, should be held responsible for the accident instead of the individual driver’s car insurance. In many cases, the Uber driver’s personal insurance will apply first, and then Uber’s insurance coverage will cover the remaining damages.

How you can file an insurance claim against Uber’s policy depends on your role in the accident. The odds of coverage and ability to file a claim varies based on whether you’re the driver, passenger, or a third party.

It will also depend on who was at fault for the accident. For the purposes of this article, we’ll assume that the Uber driver was at fault. 

If You’re The Driver

Uber drivers will want to start by reporting the accident on the company’s app. There is a specific phone number designed for reporting vehicle accidents, and you can also file through an in-app form. After, you’ll need to wait for Uber to investigate the car crash and for a representative to get back to you.

Uber will likely make their insurance policy inaccessible if there was no passenger in the vehicle when you crashed. Even if you were on the way to pick up a passenger, it could be challenging to prove you were actively working if nobody was in the vehicle with you at the time of the crash. For this reason, you must work with an experienced Uber accident attorney from day one.

If You’re The Passenger

Passengers will have easier access to Uber’s insurance policy and are more likely to have successful claims than drivers. However, that doesn’t mean filing a claim and receiving a fair settlement will be easy.

Uber drivers aren’t traditional employees. Instead, they’re considered independent contractors. This can make going after Uber for the acts of one of their drivers challenging. Your chances of success will depend on several factors.

For example, if an Uber driver has multiple DUIs or traffic violations before being approved to work as an independent contractor, this could increase your chances of success. This is because Uber can be charged with negligent hiring, which places you at a greater risk of accident and injury when getting into the vehicle with said driver.

Negligent hiring, in the case of Uber, would generally fall under the umbrella category of negligent driving. Laws vary by state, but negligent hiring means you can sue Uber directly.

However, your greatest chance of receiving a fair settlement from Uber is to work with an attorney who understands these types of cases. 

If You’re A Third Party

A third party will generally mean the driver or passenger of the other vehicle involved in the accident. The likelihood of success for a third party is mostly the same as that of a passenger.

However, there may be some confusion about whether you should file an insurance claim against the Uber driver’s policy or the company’s larger policy. Several factors will determine which is an appropriate option. For this reason, you should work with a lawyer who can help you understand the best course of action following your accident. 

Do You Need Representation After an Uber Car Accident in Texas?

If you’ve been injured in an Uber car accident in Texas, you need professional representation to help you get the settlement you deserve. Contact Alpha Accident Lawyers today through our online form or call us at (800) 544-8000. One of our empathetic customer service reps can answer any question and set you up with a free consultation today.