After a rideshare accident here in Fort Worth, you probably have many questions running through your mind.
- Who pays for the damage?
- What about doctor bills?
How do you even start the process? This guide explains how to file a rideshare accident claim in Fort Worth after an Uber or Lyft crash.
Knowing what to do can protect your rights and get you the help you need. Rideshare accidents have extra layers compared to regular car wrecks, especially when it comes to insurance. You will need a Fort Worth rideshare accident lawyer to recover full compensation.
Below, we’ll walk you through each step of filing a rideshare accident claim in Fort Worth.
What To Do Right After the Accident in Fort Worth
Before you even think about claims, your safety and health are the most important. If you already took care of your health, then:
Document Everything
If you have photos of the accident, keep them on your phone. Photograph any visible injuries, and keep taking pictures as you heal. Write down notes about doctor’s visits and all medical instructions. Journal about your injuries and make notes about whether they inhibit your lifestyle.
Follow Medical Instructions
Sometimes, injuries from car accidents don't show up right away. Go to every doctor’s visit and rehab meetings if your doctor prescribes them. You need this record to file a claim for medical bills.
Report the Accident to Uber or Lyft
Both Uber and Lyft have ways to report an accident through their apps or websites. If you were a passenger, you can usually do this directly within your ride history. If you were in another car hit by a rideshare driver, you might need to find the reporting section on their company website.
7 Steps in a Fort Worth Rideshare Accident Claim Process
If you already sought medical attention, you’re on the right track.
Here are seven steps to take to file a rideshare accident claim in Fort Worth:
- Discuss your options with an attorney: Never file a claim on your own. Working with an experienced Fort Worth rideshare accident attorney brings tons of benefits. A personal injury lawyer can explain your options based on the specific facts of your case. Additionally, a lawyer can complete all of the following steps, including dealing with insurance companies during negotiations.
- Notify all potential insurers: Notify your own car insurance company about the accident, even if you don't think you were at fault. Your policy might have benefits that can help, like Personal Injury Protection (PIP) or UM/UIM coverage. You also need to notify the correct insurance company for the rideshare driver. If you reported the accident through the app, the rideshare company knows, but you may need to follow up.
- Talk with an insurance adjuster: An insurance adjuster (or maybe several adjusters from different companies) will likely contact you. Remember, the adjuster works for the insurance company, not you. They investigate the claim and often try to settle it for the lowest amount possible. Be careful what you say and stick to the facts of the accident. Never give a recorded statement or sign any documents from the insurance company until you consult a lawyer.
- Gathering evidence: The insurance company will investigate the Fort Worth rideshare accident. They’ll look at the police report, photos, witness statements, and information about the driver's app status. They’ll also request your medical records and bills, proof of any lost income from work, and estimates for vehicle repairs. Keep copies of everything related to the accident: medical bills, receipts, repair quotes, notes about missed work, and communications with insurance companies.
- Determining fault: The insurance companies will decide who they believe caused the accident based on the evidence. Texas is a modified comparative fault state. This means you can still recover damages even if you were partially at fault, as long as you were not more than 50% responsible for the crash. If you were partially at fault, your compensation might decrease by your percentage of fault.
- Negotiating a settlement: Once the investigation concludes and your injuries and damages are clearer, the insurance company might offer a settlement. This first offer is frequently low. You (or your lawyer) can negotiate for a fairer amount that truly covers all your losses.
- Filing a lawsuit (if necessary): If you can’t reach a fair settlement agreement with the insurance company, you may need to file a personal injury lawsuit. This doesn't always mean you'll go to court. Many lawsuits settle before trial. However, it's a formal legal process that requires a rideshare accident lawyer.
Who Is at Fault in a Rideshare Accident in Fort Worth?
Unlike a regular car accident where you usually deal with just one or two insurance companies, rideshare accidents can involve multiple layers of insurance. Whose insurance pays depends heavily on what the rideshare driver was doing at the exact time of the crash.
Here’s a simple breakdown of how insurance typically works for Uber and Lyft drivers in Texas.
Driver's App Is OFF
If the Uber or Lyft driver was not logged into the app when the accident happened—maybe they were just driving their car down Pennsylvania Avenue or through Sundance Square for personal reasons—then the rideshare company's insurance likely does not apply.
In this case, you would typically file a claim against the driver's personal car insurance policy, just like in any other car accident. However, many personal policies have rules against covering accidents while driving for work, which can create problems.
Driver's App Is ON, Waiting for a Ride Request
If the driver was logged into the app and available to accept rides but hadn't accepted one yet when the crash occurred, a lower level of insurance coverage from Uber or Lyft might apply.
Texas law requires rideshare companies to provide liability coverage in this situation, but the amounts are typically less than when a passenger is in the car.
Driver Has Accepted a Ride or Has a Passenger
This is when the rideshare company's biggest insurance policy usually kicks in. If the driver was on their way to pick up a passenger they accepted, or if they already had a passenger in the car (like you, perhaps) when the accident happened in Fort Worth, Uber and Lyft generally provide up to $1 million in liability coverage.
Knowing the driver's status is key. This is why you need to ask the driver and get the police report. The insurance companies will investigate this carefully.
Who Can File a Claim After a Fort Worth Rideshare Crash?
Several different people might need to file a claim after an accident involving an Uber or Lyft:
A Passenger in the Rideshare Vehicle
If you were riding in the Uber or Lyft during the accident, you likely have a claim. You weren't driving, so your fault usually isn't a concern. You would generally file a claim against the insurance of the driver who caused the accident, which could be the rideshare driver or another driver.
The Driver or Passenger of Another Car
If your vehicle was hit by an Uber or Lyft driver, you can file a claim against the responsible party. Again, which insurance applies depends on the driver's app status during the Fort Worth collision.
A Pedestrian or Bicyclist
If you were walking or cycling in Fort Worth and a rideshare vehicle hit you, you may file a claim for your injuries and damages against the responsible driver's insurance.
What Kind of Compensation Can You Seek?
If a rideshare accident injured you in Fort Worth, you may seek compensation, often called damages.
This can include money for:
- Medical bills: All costs related to your injuries—emergency room visits, hospital stays, doctor appointments, physical therapy, medication, medical equipment, and expected future medical care
- Lost wages: Payment for the time you could not work because of your injuries
- Loss of earning capacity: Compensation if your injuries permanently affect your ability to earn money in the future
- Property damage: The cost to repair or replace your vehicle if it was damaged or the value of personal items damaged in the crash
- Pain and suffering: Compensation for the physical pain, discomfort, and emotional distress caused by the accident and your injuries
- Mental anguish: Damages for emotional harm like anxiety, depression, or PTSD resulting from the traumatic event
- Physical impairment: Payment if your injuries cause lasting limitations on your physical abilities
- Disfigurement: Compensation if the accident caused scarring or other permanent changes to your appearance
Your claim's value depends heavily on the specific facts, the severity of the injuries, and the amount of insurance coverage available.
Why Do You Need a Lawyer for a Fort Worth Rideshare Accident Claim?
Rideshare accident claims often involve difficulties that a knowledgeable attorney can help with.
- Complexity: A Fort Worth rideshare accident lawyer can determine which insurance policy applies and deal with multiple potential insurers.
- Insurance company tactics: Adjusters are trained negotiators who protect their company's bottom line. A personal injury attorney understands these tactics and can advocate for your interests.
- Valuing your claim: It's hard to know what your claim is truly worth, especially when considering future medical needs or pain and suffering. A lawyer familiar with Fort Worth car accident cases can assess the full value.
- Proving fault: If anyone disputes fault, a lawyer can gather evidence and build a strong case.
- Focus on recovery: Dealing with insurance claims while trying to heal from injuries is incredibly stressful. Having someone handle the legal process allows you to focus on getting better.
Frequently Asked Questions About Fort Worth Rideshare Accident Claims
Here are answers to some common questions people have after being involved in an accident with an Uber or Lyft vehicle in the Fort Worth area.
What Happens if the Uber or Lyft Driver Wasn’t at Fault for the Accident?
Yes, if you were a passenger in an Uber or Lyft and another driver caused the crash in Fort Worth, you can still seek compensation for your injuries and losses. In this situation, you would probably file your claim against the insurance company of that other driver who was actually at fault. You would pursue payment from their auto liability insurance.
When you are on an active trip (meaning the driver accepted the ride and was heading to you or you were already in the car), the rideshare company’s insurance policy usually includes Uninsured/Underinsured Motorist (UM/UIM) coverage. This special coverage protects you if the person responsible for the accident can't pay.
How Long Do I Have To File a Claim or Lawsuit After a Rideshare Accident in Texas?
Texas has a time limit, called the statute of limitations, for filing a personal injury lawsuit. For most car accidents, including rideshare accidents, you generally have two years from the date of the accident to file a lawsuit. Missing this deadline means losing your right to seek compensation in court.
If you need to pursue legal action, contact an attorney to protect your rights well before the two-year deadline expires.
Contact DFW Injury Lawyers for a Free Case Evaluation
An Uber or Lyft in Fort Worth can turn your life upside down. Prioritize safety and medical care, report the accident, gather information, and keep careful records.
Don't feel pressured to accept a quick, low settlement offer from an insurance adjuster.
If things feel overwhelming or confusing, seek advice from a qualified Fort Worth personal injury attorney at DFW Injury Lawyers. Call us today at (817) 646-2527 for a free consultation, or contact us online.
Kevin L. Edwards
Founder
Attorney Kevin Edwards is a co-founder of DFW Injury lawyers. During his law school tenure, Mr. Edwards worked for a prominent local personal injury attorney, where he gained valuable pre-litigation, litigation, courtroom, and trial experience in lawsuits involving car wrecks, commercial trucking wrecks, medical malpractice, premises liability and catastrophic injury. Following his graduation from law school, Mr. Edwards joined a high-volume civil litigation/insurance defense firm in Dallas, Texas, where he defended corporations, insurance companies, employers, trucking companies, and numerous businesses and individuals throughout the State of Texas. After approximately five years on the defense side of the docket, Mr. Edwards had seen enough of the corporate and insurance company greed. In 2008, Mr. Edwards moved across the courtroom aisle to help plaintiffs whom he had seen from experience suffer real, and often times, debilitating injuries and were deserving of compensation. Over the last 15 years, Mr. Edwards has dedicated his practice to helping those who have been injured or harmed by the negligence, malfeasance, and/or recklessness of others. He has represented thousands of victims in personal injury matters, defective products cases, and mass tort litigations against medical device and pharmaceutical companies.
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