What Steps Should You Take After an Accident with a Lyft or Uber Driver in Texas?
After an accident involving a rideshare driver in Texas, you need to prioritize your safety and health, preserve evidence, report the accident, learn how to protect your legal rights, and avoid common mistakes that could be damaging physically, mentally, and financially. Uber and Lyft accidents can involve many different people, multiple insurance providers, and complex theories of liability.
In the chaos immediately after the collision, it is important to take the right steps to protect yourself. As experienced accident attorneys, we know that the actions you take on the scene and soon afterward will have the greatest impact on your recovery. Here’s what to do and what to avoid.
What Comes First?
As bad as things are, you don’t want them to get worse, so your first act should be to call 911 and get help on the scene. Even if no one appears to be hurt, getting experienced professionals on site reduces the likelihood that the crash will be compounded by a chain reaction with additional collisions. In addition, the police will create a report about the accident that will serve as valuable evidence later.
Although Texas has a fender bender law that requires you to move your vehicle out of the way if it can be safely driven, the law also requires the accident to be reported to police if there are any injuries or there is $1,000 or more in damage. Since even minor car body repair work is likely to cost over $1,000 and low-speed collisions result in a variety of injuries, it is probably necessary to report the accident to comply with the law.
Bottom line: Always call 911 if a rideshare accident results in injuries, causes significant vehicle damage, or blocks the flow of traffic.
If They Don’t Take Me to the Hospital, Should I Go on My Own?
It is essential to get a complete medical exam after any car accident, particularly one involving an Uber or Lyft driver. So, if the first responders do not put you in an ambulance, go to the hospital or doctor on your own and explain that you have been in a car crash. Even if you feel perfectly fine, your body may be suffering from serious traumatic injuries that don’t reveal symptoms right away. These include:
- Concussions and other traumatic brain injuries
- Internal organ damage
- Whiplash and other soft tissue injuries
- Back injuries
In addition to protecting your health, a prompt and thorough medical exam provides you with evidence you can use later if you need to file a claim for your injuries. The longer you wait to see a doctor, the easier it is for the insurance company to argue that your injuries were not severe or that they were caused by something else.
What Evidence Should I Collect at the Accident Scene?
If you are able, use your phone to take photos to store information about:
- The condition of the vehicles involved
- Vehicle license plates
- Road conditions
- Traffic signs and cameras
- Visible injuries
- Witnesses
If you arranged the Uber or Lyft ride, take a screenshot of the driver’s information and anything else you have regarding the ride. If someone else arranged the ride or the rideshare driver was in a different vehicle, try to get as much information as possible. Also try to collect information from any witnesses or others involved in the collision.
Should I Call the Rideshare Company?
Both Uber and Lyft require accidents to be reported, and if you arranged the ride or you have the app and information about the ride, you should report the accident through the app rather than trying to call. The rideshare companies encourage everyone involved in the crash to file a report.
If you don’t have the app, you can file a report online: Uber uses different formats if you are reporting as a passenger or you were in another vehicle, while Lyft has a single format for reporting crashes. Save screenshots of all communications, including the answers you submitted and emails you received in response. This is the first step in what could be a lengthy and complex claims process. Reporting the accident is not the same as filing an insurance claim.
FAQs About Rideshare Accidents in Texas
Can I sue Uber or Lyft?
In most cases, the rideshare company will not have direct liability for the accident because their drivers are independent contractors rather than employees. However, Uber and Lyft provide substantial insurance coverage that may pay your damage claim.
When does rideshare insurance apply?
Rideshare insurance provides up to $1 million in coverage when an Uber or Lyft driver causes a collision while they are carrying passengers or on the way to pick up a passenger. If they are waiting to accept a ride request, partial insurance may apply. If the driver has the rideshare app turned off, then Uber and Lyft coverage does not apply at all.
What mistakes should I avoid after an Uber or Lyft accident?
You should avoid:
- Saying anything like “I’m sorry” that could be considered an admission of fault
- Waiting too long to go to the doctor
- Posting anything on social media
- Deleting information about the accident, including photos
- Talking to any insurance company (other than your own) until you’ve consulted an attorney
- Signing any documents you don’t completely understand
- Accepting money for your losses until you’ve learned the value of your claim
When you work with an accident attorney, your legal counselor can manage communications with the rideshare companies and insurance providers so that you don’t have to worry about doing the wrong thing.
Get the Help You Need After a Rideshare Accident in Texas
Some accidents cause only minor injuries that don’t have long-lasting effects. But in the immediate aftermath of a collision, it is hard to know what the long-term results will be. It is never too early to call an accident attorney for advice about what to do. Uber and Lyft accidents can become very complicated with the complex insurance situation and potential corporate liability. Legal guidance can prevent you from making a costly mistake.
At DeKeyzer Law, we understand how to stand up to insurance companies and the corporate defense teams involved in rideshare accident cases. For a free consultation and case evaluation, call us at 713-904-4004 or contact us online now.
