Dallas Uber Accident Lawyer | Varghese Summersett

If you’re hurt in an Uber accident in Dallas, you can file a claim against the driver, Uber’s insurance, or other at-fault parties. The size of the settlement depends on your injuries, who was at fault, and which insurance policy covers your case. Uber carries up to $1 million in liability coverage when a driver has a passenger or is on the way to pick one up.

Getting compensation after an Uber crash is more complex than a typical car accident. You may be dealing with multiple insurance companies, uncertain fault, and questions about whether the driver was working for Uber at the time. These cases involve layers of coverage and corporate policies that most people don’t understand until they’re in the middle of one.

Varghese Summersett has helped injury victims across Dallas recover compensation from rideshare companies and their insurers. We know how Uber’s insurance works, when their policies apply, and how to fight back when they try to deny your claim. In this article, our Dallas Uber accident lawyers explain Uber accident liability, insurance coverage, and how injury claims are handled in Texas.

Who Pays for Injuries in an Uber Accident?

The answer depends on what the driver was doing when the crash happened. Uber’s insurance coverage changes based on whether the driver had the app on and whether they were carrying a passenger.

Here’s how Uber’s coverage works in Texas:

If the driver has a passenger in the car or is on the way to pick up a passenger, Uber provides up to $1 million in liability coverage. This also covers uninsured and underinsured motorist claims up to $1 million per accident. If the driver has the app on but hasn’t accepted a ride yet, Uber provides limited coverage of $50,000 per person and $100,000 per accident. If the app is off, Uber provides no coverage and the driver’s personal insurance applies.

Under Texas Insurance Code § 1954.002, transportation network companies like Uber must maintain certain minimum insurance requirements. But figuring out which policy applies to your accident can be complicated. Uber often argues the driver wasn’t working at the time of the crash to avoid paying claims.

What If Another Driver Caused the Accident?

If another driver hit your Uber, you can file a claim against that driver’s insurance. You can also file a claim with Uber’s uninsured motorist coverage if the at-fault driver has no insurance or not enough insurance to cover your losses.

Texas follows a modified comparative fault rule under Texas Civil Practice and Remedies Code § 33.001. This means you can recover compensation as long as you’re not more than 50% at fault for the accident. Your compensation gets reduced by your percentage of fault.

If you were 20% at fault and your damages total $100,000, you would recover $80,000. Insurance companies use this rule to try to shift blame onto you and reduce what they have to pay. They’ll look for any reason to say you contributed to the crash.

Common Injuries in Uber Accidents

Rideshare accidents cause the same kinds of injuries as any car crash. The severity depends on the speed of the vehicles, where you were sitting, and whether you were wearing a seatbelt.

Back passengers are particularly vulnerable because most rideshare vehicles don’t have side airbags in the rear seats. Side-impact collisions can cause serious head and neck injuries for passengers in the back.

Common injuries include whiplash and neck strain, back injuries and herniated discs, broken bones and fractures, head injuries and concussions, cuts and bruising, shoulder and chest injuries from seatbelts, and knee and leg injuries from impact with the front seats.

Some injuries don’t show symptoms right away. Whiplash, soft tissue damage, and even some brain injuries can take hours or days to become apparent. This is why you should see a doctor immediately after any accident, even if you feel fine.

What Compensation Can You Recover?

Texas law allows you to recover several types of damages after an injury. The goal is to put you back in the position you were in before the accident, as much as money can do that.

You can recover medical expenses including emergency room visits, hospital stays, surgery, physical therapy, prescription medications, and future medical care you’ll need because of the accident. You can also recover lost wages for time you missed from work and future earning capacity if your injuries prevent you from working or reduce your ability to earn.

Pain and suffering compensation accounts for physical pain, emotional distress, loss of enjoyment of life, and permanent scarring or disfigurement. Property damage covers repairs to personal items damaged in the crash.

The value of your case depends on the severity of your injuries, how much your medical treatment costs, how long you’re out of work, whether you have permanent injuries or disabilities, how clearly the other party is at fault, and what insurance coverage is available.

Insurance companies will try to settle your case as quickly and cheaply as possible. They know most people need money fast after an accident. They’ll make lowball offers before you know the full extent of your injuries or how much treatment you’ll need. Once you accept a settlement, you can’t go back and ask for more money later.

Why Uber Accident Claims Are Different

Rideshare accidents involve more complexity than typical car accident claims. You’re not just dealing with individual drivers and their insurance companies. You’re dealing with a multi-billion dollar corporation with teams of lawyers whose job is to minimize what they pay out.

Uber classifies its drivers as independent contractors, not employees. This means Uber tries to avoid responsibility for driver negligence whenever possible. They’ll argue the driver was acting on their own and wasn’t performing services for Uber at the time of the accident.

Uber’s insurance policies are designed to limit their liability. The company structures coverage in a way that creates gaps and confusion about who’s responsible. When an accident happens, Uber often claims their policy doesn’t apply and pushes the claim back to the driver’s personal insurance.

Getting information from Uber can be difficult. You may need to subpoena records to prove the driver’s status at the time of the crash. You need to show the app was on, that a ride was in progress, and that Uber’s commercial policy should cover your claim.

What to Do After an Uber Accident in Dallas

The steps you take right after an accident can affect your ability to recover compensation. Here’s what you should do:

Call 911 if anyone is injured. Get medical attention even if your injuries seem minor. Tell the paramedics and doctors about all your symptoms, including pain, numbness, or dizziness. Report the accident to the police and get a copy of the police report. The report number is usually included on the card the officer gives you at the scene.

Get information from all drivers involved including names, phone numbers, insurance information, and license plate numbers. Take photos of vehicle damage, the accident scene, street signs, traffic signals, skid marks, and any visible injuries. If there are witnesses, get their names and contact information.

Report the accident through the Uber app. The app will give you options to report a safety issue or accident. Keep all documentation including medical bills, receipts for out-of-pocket expenses, records of missed work, and correspondence with insurance companies.

Don’t give a recorded statement to any insurance company without talking to a lawyer first. Insurance adjusters will use your words against you to deny or reduce your claim. They’ll ask leading questions designed to get you to say something that hurts your case.

Don’t post about the accident on social media. Insurance companies monitor social media to find evidence that contradicts your injury claims. A photo of you smiling at a family gathering could be used to argue you’re not really in pain.

If you need immediate help after an Uber accident in Dallas, talk to a lawyer who understands how these claims work. Call (214) 903-4000 for a free consultation.

How Insurance Companies Fight Uber Accident Claims

Insurance companies make money by collecting premiums and paying out as little as possible in claims. They have strategies they use to deny, delay, or devalue your case.

They’ll question whether your injuries were really caused by the accident. They’ll look at your medical history to find pre-existing conditions and argue your current pain is from an old injury, not the crash. They’ll argue you didn’t get treatment fast enough. If you waited a few days to see a doctor, they’ll say your injuries must not be serious.

They’ll claim you’re exaggerating your symptoms. They may hire investigators to follow you or surveillance companies to film you doing everyday activities. If they catch you lifting groceries or playing with your kids, they’ll use that as evidence you’re faking your injuries.

They’ll dispute which insurance policy covers the accident. Uber’s insurance will try to push the claim to the driver’s personal insurance. The driver’s personal insurance will argue Uber’s commercial policy should cover it. You get caught in the middle while both companies deny responsibility.

They’ll make quick, lowball settlement offers hoping you’ll take the money and go away. These offers rarely cover your full damages, especially future medical expenses or long-term impacts on your earning capacity.

Texas Laws That Affect Your Uber Accident Claim

Several Texas laws determine how much time you have to file a claim and how much you can recover.

The statute of limitations for personal injury cases in Texas is two years from the date of the accident under Texas Civil Practice and Remedies Code § 16.003. If you don’t file a lawsuit within two years, you lose your right to recover compensation. This deadline is strict, with very few exceptions.

Texas doesn’t cap economic damages like medical expenses and lost wages in personal injury cases. You can recover the full amount of your financial losses. However, Texas does cap non-economic damages like pain and suffering in certain cases, though these caps don’t apply to most car accident claims.

Texas is an at-fault state, which means the person who caused the accident is responsible for paying damages. This is different from no-fault states where each driver’s insurance covers their own injuries regardless of who caused the crash.

What Happens If the Uber Driver Was Breaking the Law?

If the Uber driver was speeding, running a red light, texting while driving, or breaking other traffic laws, this strengthens your claim. Violating traffic laws is evidence of negligence. It shows the driver failed to exercise reasonable care and caused the accident through their careless actions.

If the driver was intoxicated, you may be able to recover punitive damages in addition to compensation for your actual losses. Punitive damages are designed to punish particularly reckless behavior and deter others from acting the same way.

Under Texas law, punitive damages are capped at the greater of $200,000 or two times the economic damages plus non-economic damages up to $750,000. But first you have to prove the driver acted with gross negligence or malice.

If the driver was uninsured or underinsured, you can file a claim under Uber’s uninsured motorist coverage. This coverage applies when the driver’s insurance doesn’t cover your full damages or when the driver has no insurance at all.

When You’re Injured as a Pedestrian or Cyclist

Uber accidents don’t just involve people inside vehicles. Pedestrians and cyclists can be struck by Uber drivers who are distracted by the app, speeding to reach a pickup location, or making illegal turns.

Pedestrian and cyclist injuries tend to be more severe than injuries to people inside vehicles. Without the protection of a car around them, victims suffer catastrophic injuries including traumatic brain injuries, spinal cord damage, broken bones, and internal organ damage.

If you’re hit by an Uber driver while walking or cycling, the same insurance rules apply. If the driver was on the way to a pickup or had a passenger, Uber’s $1 million policy should cover your claim. If the app was on but the driver hadn’t accepted a ride, the limited coverage applies.

Pedestrian and cyclist cases often involve questions about right-of-way and whether the victim was crossing legally. Texas law requires pedestrians to use crosswalks where available and obey traffic signals. Cyclists must follow the same rules as motor vehicles in most situations.

Insurance companies will try to blame pedestrians and cyclists for not being visible enough or for not following traffic laws. They’ll argue you should have looked more carefully or worn brighter clothing. Don’t let them shift responsibility away from the driver who hit you.

Dealing With Your Own Insurance After an Uber Accident

You should notify your own insurance company about the accident even if you weren’t driving. Your policy may provide coverage options you can use if Uber’s insurance denies your claim or doesn’t cover all your damages.

Your uninsured motorist coverage can help if the at-fault driver has no insurance. Your underinsured motorist coverage can help if the at-fault driver’s insurance isn’t enough to cover your injuries. Your medical payments coverage can pay for immediate medical expenses regardless of fault.

Be careful about what you say to your own insurance company. While you have a duty to cooperate with your insurer, you don’t have to give a detailed statement about the accident right away. Get legal advice first about what information you need to provide.

Your insurance company may try to subrogate against Uber or the at-fault driver. Subrogation means they pay your claim first, then try to recover that money from the responsible party. This can affect your settlement because your insurer may have a right to be reimbursed from any money you recover.

What to Expect From Varghese Summersett

Our Dallas personal injury team has handled accident cases throughout Texas. We know the tactics insurance companies use and how to counter them.

We start by investigating your accident. We gather police reports, witness statements, photos, and video footage. We work with accident reconstruction experts when needed to establish exactly how the crash happened and who’s at fault. We review the Uber driver’s status at the time of the accident and determine which insurance policies apply.

We handle all communication with insurance companies so you can focus on recovering. We know what information to provide and what not to say. We don’t let adjusters pressure you into giving statements that could hurt your case.

We calculate the full value of your claim including all current and future damages. Many people accept settlements that don’t account for ongoing medical treatment, permanent injuries, or long-term effects on their ability to work. We make sure you’re compensated for everything you’ve lost.

We negotiate aggressively with insurance companies to get you the maximum settlement. If they won’t make a fair offer, we file a lawsuit and take the case to trial.

We work on a contingency fee basis for personal injury cases. This means you don’t pay anything unless we recover compensation for you. Our fee comes as a percentage of what we win. You have nothing to lose by talking to us about your case.

If you’ve been injured in an Uber accident anywhere in the Dallas area, talk to a lawyer who knows how to handle these cases. Get clarity about your options and find out what your case is worth. Call (214) 903-4000 for a free consultation.

Frequently Asked Questions

How long do I have to file an Uber accident claim in Texas?

You have two years from the date of the accident to file a personal injury lawsuit in Texas. However, you should start the claims process as soon as possible. Evidence disappears, witnesses forget details, and your injuries may worsen over time. The sooner you start your claim, the stronger your case will be.

What if I was partially at fault for the accident?

You can still recover compensation as long as you’re not more than 50% at fault. Your settlement will be reduced by your percentage of fault. For example, if you’re 30% at fault and your damages are $100,000, you would recover $70,000. Insurance companies will try to increase your percentage of fault to reduce what they have to pay.

Can I sue Uber directly for my injuries?

It depends on the circumstances. Uber classifies drivers as independent contractors, not employees, which limits Uber’s liability for driver negligence. However, you may be able to sue Uber if the company was negligent in screening the driver, if the driver was on a ride when the accident happened and Uber’s insurance applies, or if Uber’s app or technology contributed to the crash. Most Uber accident claims are insurance claims rather than lawsuits against Uber itself.

What if the Uber driver doesn’t have insurance?

If the driver has no personal insurance, you can file a claim under Uber’s uninsured motorist coverage. Uber provides up to $1 million in uninsured and underinsured motorist coverage when a driver is on a trip or on the way to pick up a passenger. You can also use your own uninsured motorist coverage if you have it.

How much is my Uber accident case worth?

The value depends on your specific injuries and how they affect your life. Factors include the severity of your injuries, the cost of your medical treatment, how much work you miss, whether you have permanent disabilities, how clearly the other party is at fault, and what insurance coverage is available. Most Uber accident settlements range from a few thousand dollars for minor injuries to hundreds of thousands or even millions for catastrophic injuries. A lawyer can give you a better estimate after reviewing the details of your case.

Speak to a Dallas Uber Accident Lawyer Today.

If you’ve been hurt in an Uber accident in Dallas, you deserve a lawyer who will fight for every dollar you’re owed. Varghese Summersett has the experience and resources to take on insurance companies and get results. Contact us today at (214) 903-4000 for a free consultation about your case.