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A Dallas Uber accident attorney at Jay Murray Law will help you find out who was responsible for causing your car accident, which insurance coverage is applicable to your claim, and how much money you are entitled to receive to compensate you for your medical expenses, loss of earnings from work, and pain and suffering as a result of the car wreck. Your car accident claim could be made against (a) insurance that you purchased through Uber; (b) the insurance policy maintained by another driver involved in the accident; or (c) your own automobile insurance policy. The application of available coverage depends largely upon what the Uber Driver’s App Status is at the time of your collision.
Jay Murray Law investigates the car accident. We also obtain all available trip information and evidence related to the accident. In addition, we take photographs of your injuries and represent you in negotiations with your insurance company.
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Unlike most other types of auto crashes, Ridesharing (Uber) can be confusing. In the normal world, if you are hit by another vehicle, that vehicle’s insurance company may take care of your damages, depending on a variety of factors such as coverage, policy limits, and other available defenses. But what happens if an Uber Driver hits you, or you were in an Uber that crashed? Well, there are many different insurance companies involved. Many times, these insurance companies fight over which one is responsible to pay on your behalf. I have witnessed Adjusters pass claims from one policy to another and then back again and forth. All of this fighting delays payment of your Medical Bills and Lost Wages.
In the City of Dallas alone, there are hundreds of Uber accidents each year. When we add to this the fact that Uber Drivers may drive through some unfamiliar areas in Addison where they are navigating busy roads around the DFW Airport; and combine this with downtown Dallas pick-ups during peak hours of rush-hour traffic, when drivers are either stopping abruptly or changing lanes without checking their mirrors, we find ourselves with numerous potential hazards. And finally, in Lower Greenville, we see numerous weekend crashes involving Uber drivers dealing with bar traffic and distracted pedestrians.
It is imperative to understand the importance of the first phone call you make after being injured in an Uber accident. For instance, some people have reported that their interactions with Uber’s Support Line did not receive useful assistance. The person representing an insurer, etc., that has a responsibility for a claim (such as an Uber-related claim) does not represent the interest of the claimant who was hurt. There can be disputes over what coverages exist and how much money the injured party will receive.
Uber has many types of insurance. It depends on which type of service the driver is performing at the time of the crash. If the driver had the app turned off, any insurance coverage will depend upon his/her own personal auto policy. A private insurance covers personal vehicles and may exclude or limit rideshare vehicle usage. The next level of coverage from Uber will apply if he/she had the app on and there were no ride acceptance requests.
The highest level of coverage from Uber will apply once the driver accepts the ride request to take you to your destination. This matters because most personal automobile insurance companies do not include this type of activity as part of their policy. When drivers make an incorrect assumption that their personal automobile insurance will cover their ride-sharing activities, they could potentially incur substantial uninsured damages.
The first “period” of a driver’s use of the Uber application is the time from when he/she opens the Uber application to when the driver accepts the rider’s (your) request. While a driver is logged into the app and ready to take a ride but has yet to accept one, Texas law states that there should be at least $50,000 in bodily-injury liability coverage per person, $100,000 per incident, and $25,000 in property-damage liability coverage; these are insurance limits, not minimum guaranteed payment levels. The required rideshare insurance policy also provides UM/UIM and personal injury protection (PIP) coverage when such coverage is not validly waived in accordance with Texas law.
Emergency services such as those received at a Dallas hospital can result in significant medical bills that could potentially be very close to (or over) your insurance policy limit(s), based upon the type of treatments you receive.
When the driver accepts your request for transportation, and until such time as you get out of his/her car, the second “period” begins. At this point, Texas law requires the rideshare company to offer at least $1,000,000.00 in liability coverage for accidents that may cause death, bodily injury, and property damage. Subject to the terms of your policy and under any applicable statute or provision of Texas law that allows for a valid written rejection, you may have UM/UIM coverage available to you as well during the statutory rideshare time frame.
Being hurt while riding in an Uber is very different from being hurt in a typical car accident. You had no say in who would be driving; you did not have any idea of how quickly the vehicle was traveling before it struck your vehicle. You most likely were distracted by your cell phone and therefore did not feel the impact of the crash until it was too late. Following that, you may have sustained injuries (possibly serious) and still do not even know the driver’s first and last name.
The injured passenger may be able to file a claim for compensation from one or more drivers involved, depending on their fault and insurance. The type of available insurance that can pay for the damages (UM/UIM/PIP/Rideshare) depends on the facts of the accident. In general, Texas does not allow an individual to sue the liability carrier of the defendant (tortfeasor).
A rideshare passenger may pursue claims against a responsible driver under applicable insurance policies, but Texas law generally does not allow an injured person to sue a tortfeasor’s liability insurer directly before liability has been established
Depending on the facts, a single driver, multiple drivers, or some other party could be liable for your damages, and there can be multiple insurance policies. If evidence shows both drivers contributed to the wreck, they may each be assigned a percentage of responsibility.
The common types of injuries we see in Dallas Uber accidents are whiplash, back injuries, broken bones (fractures), head traumas, cuts, and other injuries caused by broken glass. Whiplash-type injuries may have no signs of a problem for several days after a rear-end collision on Central Expressway. If you were involved in a T-bone crash at one of our many intersections in Dallas, then you likely experienced injuries such as broken ribs, shoulder injuries, and/or head trauma.
Seek medical attention appropriate to your injuries after an Uber accident. Many people do not visit the emergency room after being injured in an accident due to fear of large medical expenses. However, failing to receive prompt medical care may give the insurer or defendant a chance to raise a dispute, and it may negatively affect your injury claim. The insurance company may argue that you did not actually suffer an injury since you failed to seek medical care within hours of the accident. Also, they will claim that your back problems resulted from another source (i.e., lifting heavy objects) and/or that you are fabricating your symptoms.
Keep detailed records of all aspects of your injury. Take pictures of all your visible injuries. Keep track of every medical expense, including receipts. Record how the injury has affected your daily routine. Can’t lift your children? Write it down. Are you missing work? Document the amount of money you are losing due to this time off. These specific details will help us establish the value of your claim.
Uber driving was a way to make some extra money — that is, until it happened. Your car is now wrecked; you are hurt; and the insurance from Uber isn’t even giving you the time of day. When you use your own vehicle for commercial use, your personal insurance may exclude or limit coverage for damages caused by rideshare activity. However, as the owner of your business (and therefore the vehicle), you cannot afford to have your vehicle repaired without getting paid by your insurance company.
The Dallas Uber driver has a different set of issues than others who may be involved in an accident while working. When they drive for Uber, their personal auto policy may not provide coverage in cases where an accident occurs when using their vehicle for rideshare services.
Rideshare coverage can get complex. Texas requires specific TNC insurance for the driver when he is logged into the rideshare app, and the rideshare company must provide it if the driver’s personal policy has lapsed or is found insufficient.
provides its own insurance for its drivers, there are many times in which this insurance will not apply. Therefore, there is often no coverage provided for the driver under either insurance plan.
We are here to support those Uber drivers that have been injured in an accident involving someone else, dealing with claims from passengers, or trying to figure out how to navigate through the maze of insurance companies after they have been involved in an accident. When someone hits you while you are driving for Uber, you may be able to recover proven damages under applicable Texas laws.
If a passenger sues you claiming you caused them injury, you will likely need protection from excessive claims. The limits, exclusions, and coverage requirements for Uber’s insurance arrangements can result in uninsured or underinsured drivers in certain situations. Texas may classify Uber drivers as independent contractors rather than its employees, so workers’ compensation benefits are generally unavailable unless a separate coverage arrangement exists.
Filing a claim directly against a rideshare company is limited by Texas law, but they are not altogether impossible. Liability can depend on the actual accident and Uber’s own conduct. The rideshare driver may have a claim for injury against another motorist for their own personal injuries through various types of insurance (e.g., UM/UIM, PIP, TNC) depending upon their coverage and policy terms.
A commercial policy or a ridesharing endorsement can fill in an individual driver’s gap for coverage, but they will also need TNC insurance in Texas for some pre-specified rideshare periods. Many personal auto insurance policies may not provide coverage for injuries or damages when the vehicle is being used for ridesharing, unless appropriate coverage or an endorsement applies. Texas law doesn’t require you to exhaust your own auto coverage before using TNC-maintained coverage. The statute that controls the amount of TNC insurance provided depends on the type of ride-sharing that is occurring at the time the accident occurs.
An Uber driver struck your family after running through a stop sign in Lakewood. Or perhaps an Uber driver clipped your car on the side while distracted by their phone as they looked for the next ride. While it is the Uber driver who caused this accident, obtaining compensation from them will involve the insurance company for Uber and their group of adjusters, who are tasked with paying out the least amount possible.
In third-party claims, there exists a situation where an Uber driver injures another person (such as yourself) who was not an Uber passenger. In these situations, you were likely operating your own vehicle, crossing the road on foot, or biking when an Uber driver collided with you. Applicable TNC insurance coverage depends in part on whether the driver was logged into the digital network and whether the driver was engaged in a pre-arranged ride at the time of the crash.
Uber, its legal team, or its insurer may investigate whether the driver was using the app and whether they had accepted a trip request. The team may also raise causation, liability, or coverage defenses, and that could lower the claim amount.
Insurance companies can try to defend themselves against claims made by their clients (and in Texas, victims) based upon different defense strategies, including that the driver was “off-duty” when the vehicle crashed into another vehicle; or that the victim contributed to the cause of the collision; or that the injury sustained from the incident is less severe than what the victim has claimed.
Texas employs proportionate liability: an injured party’s total damages will normally be reduced by the injured party’s comparative fault as well, in addition to the fact that an injured party with more than fifty percent (50%) at-fault may not recover anything for their injuries.
When relevant, we can review the rideshare app’s records, available GPS information, testimony from witnesses, a patient’s medical records, as well as other types of expert-based evidence to analyze such things as what happened during the collision; who was responsible for the accident; which insurance policies have coverage that would apply to the claimant’s injury; and to calculate the extent of their injuries (damages). We then go on to compute the amount of damages that you may recover, such as medical bills, lost wages, pain and suffering, and reasonable future treatment costs.
Another vehicle strikes your Uber and the vehicle leaves without being identified, or it stops; however, that individual does not carry insurance. The person who caused the accident cannot be located, or has insufficient funds to cover the medical expenses as a result of your injuries. At this point, the possibility of recovering damages when the at-fault party has no insurance, is uninsured, or is otherwise unknown through UM/ UIM becomes increasingly significant.
Uninsured and underinsured motorist coverage provided by Uber may be available from ride acceptance to drop-off, subject to Texas statutory requirements and exact policy terms. If an accident occurs with your Uber while driving and the individual responsible for the accident carries little to no insurance, Uber’s UM/UIM coverage may help to cover damages, depending upon state laws and terms and conditions of the particular insurance contract. However, Uber and its insurers may dispute coverage or compensation claimed.
You will want to take a quick response if you are involved in a hit-and-run accident. Reports from law enforcement are generally most important for documenting an accident. Without being able to identify who was responsible for the accident, witness accounts may become one of the key pieces of evidence.
Intersection video cameras, security footage from businesses, and other types of video evidence (i.e., dash cams) may show the car that committed the hit-and-run.
Texas law generally requires UM/UIM coverage unless the insured rejects this type of coverage in a signed writing. When more than one UM/UIM policy may exist, the amount of available coverage, as well as the order in which such coverage will be applied, depends upon the specific terms of those policies and upon the laws of Texas.
These types of claims include disputes with an insurance company that is reluctant to make payments. Insurance companies may dispute responsibility for causing the accident (i.e., “the hit-and-run driver was not actually responsible”); they will dispute that there are sufficient facts to show that another vehicle caused the crash, or that the injury is a result of the accident. Claim delays can put a great deal of financial stress on those who have been injured, as well as cause lengthy disputes about claims for investigations into injuries/coverage/damages that would otherwise settle quickly.
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The loss of anyone due to an Uber accident is emotionally devastating. Before you know it, someone who had just sent you a text saying “I am on my way home,” will have police officers knocking at your door. What follows is a time warp where you are planning a funeral and trying to figure out how to tell your kids why mom or dad won’t be coming back home.
Under Texas law, there may be some family members who can pursue wrongful death claims if someone has died as a result of another person’s negligence. A spouse, child or parent of the decedent may pursue a claim against the defendant. Wrongful Death Claims may allow recovery – by the proper claimant – for the funeral costs, loss of income or support the decedent would have provided, loss of society and companionship, and mental anguish.
Most wrongful death claims arising from an accident with an Uber driver are based upon proving a negligent act by the driver or other individuals resulting in the death of the claimant; Texas law also recognizes wrongful-death liability for other wrongful acts including but not limited to carelessness, unskillfulness, or default.
The investigators will reconstruct the crash, obtain the information from the “black boxes” on both vehicles, obtain toxicology results for those involved in the wreck (i.e., blood alcohol levels), and may also hire experts to provide an accident reconstruction analysis. The investigator(s) will identify all parties responsible for contributing to the injuries/damages of the claimant as well as all applicable insurance policies/coverage that can be used to pay for these losses.
Uber provides a $1 million liability policy when their drivers are transporting passengers. In some wrongful death cases, the proven damage could be greater than the available primary liability limits (i.e., “limits”), so identifying other potential coverage is important. Therefore, we look for additional coverage through the driver who was at fault for causing the accident’s personal automobile insurance policy, other automobiles involved in the collision, or third-party negligence that contributed to the cause of the accident.
The Texas Dram Shop Act could impose liability upon a bar for serving an individual who was so intoxicated as to present a clear risk to themselves or others, and whose intoxication resulted in the death from a car accident. If a city fails to keep a crosswalk clear of debris, has poor lighting, or has design problems that result in a serious injury/death due to an accident occurring there, the city may be held accountable for your loss. Claims for damages against a city are subject to the governmental immunity rules, while the Texas Tort Claims Act offers limited waiver of sovereign immunity under specific conditions. The act also includes notice requirements and damage caps that limit the amounts recoverable from governmental entities. The process for evaluating governmental claims includes noticing requirements, statutory damage caps, and other factors that affect how you evaluate a governmental claim.
Cases like this take time. Insurance companies do not write large checks for millions of dollars quickly. The insurance company will go through an investigation process, question liability, and the extent of damages. Families should be able to have the time needed to grieve without having to fight with insurance adjusters, and we help families deal with those issues in order for them to heal.
We have experience representing people in rideshare-related accident claims in Dallas. Through our experience, we have gained an understanding of how the ride-share companies process and settle claims. This includes who the honest and fair-minded insurance company adjuster will be and what methods they may employ to deny payment on a claim.
We represent our clients for all legal services under a written contingency-fee contract that outlines the attorney’s fee and how litigation costs will be paid for. A contingency-based fee structure provides injured individuals with access to high-quality representation while eliminating the fear of receiving hourly billing statements.
Local knowledge of Dallas, Texas traffic patterns is key when it comes to ride-sharing accident cases. We understand which intersections are prone to traffic collisions. Additionally, our lawyers know when certain sections of Highway 75 are under construction and can create hazardous conditions for rideshare drivers.
An attorney can communicate with an insurance company about your claims, represent you at a hearing, and provide information that supports your claim. Filing a lawsuit could alter the tone of settlement negotiations in some cases; however, whether an offer will be increased depends upon the evidence regarding liability, the extent of damage, insurance coverage, etc. The key factor is whether you have a lawyer who has experience in handling insurance litigation issues and can advocate for you aggressively.
We conduct thorough investigations into all accidents. For each investigation, we gather as much information as possible about the accident by obtaining police reports, medical records, witness statements, etc. In addition, if necessary, we retain accident reconstruction experts to assist us in determining how the accident occurred. Finally, we document all of the medical treatment you receive and determine your total damages, which include any costs associated with your future care.
Many personal injury claims end in settlement before trial, but whether or not an individual claim will settle has to do with the specific facts associated with that claim and the positions that each party takes. However, we prepare each case as if we were heading into a courtroom. Preparing a litigation case can help resolve disputes where negotiations have failed to produce a fair result. Our trial experience teaches us to analyze claims and settle with insurance companies or prepare cases for court if that does not happen.
Jay Murray Law is available to you 24/7. When accidents occur, they do so without regard to time or schedules; therefore, your questions about your accident and/or injuries do not need to be held until regular business hours. If you experienced an auto accident via Uber, consider speaking with a Texas attorney promptly; if weeks have passed and your insurance carrier has denied your claim, also feel free to call us. Our consultations to discuss case details and guide you on your available options are free.
Uber accident victims in Dallas may be entitled to compensation for injuries suffered, lost wages, and the pain they have endured when the evidence establishes responsibility. While rideshare companies continue to generate billions of dollars, injured passengers will struggle to receive fair treatment. That struggle has just been levelled. Call or email Jay Murray Law to discuss your Uber accident case and the factors that may affect your claim under Texas law.
Attorney responsible for this post: Jay Murray. Primary practice location: 2512 State Street, Dallas, Texas 75201.
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