Houston Rideshare Accident Lawyer

Yes. Whether you were a passenger in an Uber or Lyft crash, or another motorist struck by an Uber or Lyft driver, it’s in your best interest to report an accident involving a rideshare driver to the employer company. Rideshare companies typically expect drivers to report all accidents, even minor ones, but depending on events leading to the accident or the driver’s history, drivers may choose to avoid reporting. A lawyer can report the accident for you, if you wish.

The amount of insurance coverage rideshare companies provide for their drivers varies depending on whether they are completing a ride or are logged onto the company’s app. An accident involving a rideshare driver without a rider present may still be “on-the-clock” and acting within the scope of their employment. Of course, rideshare drivers will not have passengers when they are en route to a pickup location. However, they must still be logged into the app.

Passengers of rideshare vehicles who suffer injuries in an accident should also report the accident to the rideshare company. Uber and Lyft offer user-friendly reporting procedures on their respective websites.

Rideshare accident injuries, like other traffic accident injuries, don’t always have immediate symptoms. Due to the rush of adrenaline experienced in the aftermath of a traumatic experience, accident victims don’t often feel the full extent of their pain until days or weeks have passed.

Victims who do not receive a medical evaluation at the scene or decline transportation to an emergency department should still get examined as soon as possible. Some life-threatening injuries, such as internal bleeding, may only be discovered through professional diagnostic testing.

When the body experiences trauma, it is natural for the muscle to become tense to protect the body from injury. As a result, victims typically experience general soreness after an accident. However, soreness in certain areas of the body can indicate more serious injuries that may not be readily apparent. Don’t dismiss your aches and pains as “typical” after a car accident.

In addition to preserving your health, seeking a medical evaluation following a rideshare accident also provides valuable documentation of the injuries. This documentation is critical evidence for a Houston ridesharing accident claim. Insurance companies may try to discredit a claim by suggesting a victim’s injuries were pre-existing, rather than a result of the accident. The paper trail of your medical evaluations can counter this.

Lawmakers in Texas, like many other states, are working to implement new laws concerning transportation network companies, like Uber and Lyft. Under Texas law, the minimum insurance requirements are much higher for rideshare drivers than other drivers.

Rideshare drivers must have the following coverage when they are logged into the app and not carrying a rider:

• $50,000 per person in bodily injury liability (BIL) coverage
• $100,000 per accident in BIL coverage
• $25,000 per accident in property damage coverage

Rideshare drivers who have passengers must have $1 million in liability coverage. Companies like Uber and Lyft provide this coverage for their drivers.

A statute of limitations places a deadline on auto accident cases. In most cases, injured victims must file a Houston ridesharing accident claim within two years of the date of the accident.

Families who have lost a loved one as a result of a rideshare accident must also file a wrongful death claim within two years of the date of the accident.

Texas courts strictly comply with the timelines provided by the statute of limitations. It’s highly unlikely a court will entertain a claim that was filed after the statute of limitations has expired. However, under certain rare circumstances, injured victims may qualify for an exception to the time limits for filing. An experienced rideshare lawyer can review the circumstances of the case to determine whether an exception for filing late exists.

No—certainly not without first reviewing the settlement offer with our Houston rideshare accident lawyers.

Insurance companies are businesses, and like all businesses, they aim to maximize their profits. As a result, they often engage in various tactics to avoid financial liability in a Houston ridesharing accident claim. When it is clear their policyholder is at fault, they know they will have to pay out some money at some point. When liability is clear, insurance companies may attempt to trick victims into accepting a quick settlement to avoid paying the full value of the claim.

The financial burden of mounting medical bills and missed time from work may make a quick settlement seem attractive. However, the initial settlement amount is typically inadequate to cover all accident-related expenses.

While an early offer might seem like a financial blessing, it is often far less than the actual value of the claim it purports to resolve. Additionally, upon accepting a settlement offer, victims must waive their right to sue for any further damages in the future. Victims should consult with an attorney before signing a settlement agreement to ensure they will not be burdened by additional expenses later.

Skilled rideshare lawyers understand how to navigate the complexities involved with rideshare accident cases. They aren’t afraid to deal with tricky insurance companies; nor are they intimidated by large legal defense teams. In addition to guiding victims through the legal process, a ridesharing lawyer may investigate the accident, gather eyewitness statements, medical records, crash reports, and other evidence, when appropriate.

Attorneys will ensure victims present the strongest case possible against the rideshare driver and/or company who caused the accident. Lawyers are trained negotiators who know how to communicate with insurance companies, which typically allows them to maximize their client’s recovery. Retaining an attorney to handle negotiation and communication can ensure victims’ rights are protected.

The Texas Department of Transportation (TxDOT) maintains a database of official crash reports filed by law enforcement. Injured victims can request a copy of the report online through the Crash Report Online Purchase System portal. Following the accident, it may take a few days for the crash report to be uploaded and available online. Texas peace officers must submit a report for any accidents resulting in injury, fatality, or more than $1,000 in property damage within ten days of the accident. TxDot also allows accident victims to submit a request for a crash report by mail.

According to the Texas Department of Insurance (TDI), all auto policies in Texas include personal injury protection (PIP) coverage. In Texas, drivers of registered vehicles must deny PIP coverage if they do not wish to have it. PIP coverage offers insured parties immediate coverage for medical expenses, lost wages, and other non-medical costs up to their coverage amount. Drivers also have the option to purchase additional medical benefits coverage to cover medical expenses within the policy limits.

PIP and medical benefits coverage extend to injuries sustained by individuals riding as passengers. Individual coverage is beneficial for managing upfront costs. However, policy coverage provided by a victim’s insurance policies will typically not cover the full extent of their injury-expenses. You may need legal help when trying to obtain benefits from your PIP carrier—even though you bought and paid for the policy, your PIP insurance company won’t prove any more generous than the rideshare insurance company when it comes to compensating you for your injuries.

Texas law clearly provides a timeline for insurance companies to take action once a claim is filed following a rideshare accident. Requirements include:

• The insurance company must acknowledge a claim within 15 days of receiving notice. When initially contacting injured victims, the company may request they complete an independent medical exam.
• An adjuster must evaluate the damage that occurred during the accident and estimate the repair costs. Some companies might choose to have injured parties submit their own estimate of property damage.
• The company must accept or deny your claim within 15 days of gathering the information needed for them to make an informed decision. Companies are required to inform parties to the claim in writing if they require additional time to investigate the claim or reject the claim. If the insurance company rejects a claim, it must provide a reason for its denial.
• Once the insurance company agrees to pay a claim, they must distribute the funds to the injured parties within five days of their decision.

When insurance carriers do not follow these guidelines, or when they cause unreasonable delays in the investigation of a claim, they are acting in bad faith. When insurance companies become unresponsive, injured parties should consult an attorney who can engage with insurance representatives on their behalf or pursue further legal action if necessary.

The majority of traffic accident cases, including ridesharing accident cases, settle out of court long before the litigation stage of the claims process. On the other hand, if an insurance provider denies liability for a claim or refuses to offer fair compensation, victims may have to initiate a lawsuit to receive adequate compensation. Both victims and at-fault parties aim to avoid proceeding to litigation because it is costly and can cause substantial delays in resolving a claim.

Sometimes, when insurance companies refuse to play fair, settlement just isn’t an option. An experienced Houston ridesharing accident attorney like ours can fight for a client in the courtroom when necessary.

Depending on the circumstances surrounding a ridesharing accident, injured victims may recover the following damages:

• Medical treatment costs including ambulance and emergency services, doctor visits, surgery, medication, diagnostic testing, and travel to and from the hospital.
• Estimated future medical expenses when a ridesharing accident leads to a permanent condition or disability requiring ongoing treatment and/or care in a long-term nursing care facility.
• Rehabilitation costs for physical therapy, occupational therapy, and behavioral therapy.
• Costs of any other special treatment needed to recover lost function and skills, learn how to adapt to daily routines with new physical limitations, and cope with the emotional trauma of an accident and resulting injuries or disabilities may also be included.
• Lost wages and benefits from missing work due to the accident, hospitalization, and recovery.
• Estimated future lost wages when a ridesharing accident leads to a catastrophic injury that prevents an accident victim from returning to work or seeking gainful employment.
• Physical and emotional pain and suffering.
• Reduced quality of life.
• Loss of consortium with spouse.
• Exemplary/punitive damages awarded to punish the defendant in cases where a ridesharing accident was a result of gross negligence.

Our Houston ridesharing accident attorneys do not require any upfront fees. Instead, they take all cases on a contingency fee basis. Under a contingency fee agreement, clients pay no upfront fees or costs. We only collect a percentage of any settlement or judgment that we help you to obtain.

If you suffered injuries in a Houston ridesharing accident, contact the experienced Houston ridesharing lawyers at Trust Guss Injury Lawyers, today.