Changing Your Uber or Lyft Accident Lawyer in Texas

You can switch rideshare lawyers in Texas

Texas clients may discharge their lawyer at any time, a rule the Texas Supreme Court confirmed in Hoover Slovacek v. Walton. If the case has been filed, the court signs a substitution of counsel under Rule of Civil Procedure 10.

Beverly Law’s Texas rideshare cases are handled by Joyce Ondich and John Efstathiou, our Texas-licensed attorneys. Whether you were the passenger, the rideshare driver, or someone hit by one, the process to switch is the same. See our Texas guide to switching lawyers for the full steps.

Texas rideshare insurance depends on app status

Texas Insurance Code chapter 1954 sets minimum coverage for transportation network company drivers. The amount depends on what the driver was doing on the app.

The coverage can come from the driver’s policy, the company’s policy or both (§ 1954.051). If the driver’s own policy lapsed or falls short, the company must provide the required coverage from the first dollar (§ 1954.054). The company’s coverage also does not depend on the driver’s personal insurer denying the claim first (§ 1954.055).

What your new lawyer has to pin down

• App status proof. After a crash, the driver must tell the other people involved, insurers and police, on request, whether he or she was logged on or on a ride (§ 1954.056(b)). We look for that answer in the file and in the company’s records.
• The right insurer. Claims sent to the wrong carrier can sit for months. We confirm which policy is primary for the crash period.
• Your own coverage. Passengers and people hit by rideshare drivers may also have PIP or uninsured/underinsured coverage on their own policies.
• Trip receipts and messages. Save your in-app receipt, route map and any chat with the driver or support team. Screenshots help if the account is later changed.
• The crash report. The officer’s report goes to TxDOT within 10 days (Transportation Code § 550.062), and it should list every driver and passenger.

Why the rideshare company is rarely an easy target

Many people assume Uber or Lyft is automatically responsible for the driver. Texas law says the company does not control, direct or manage the driver or the vehicle except as agreed by written contract (Insurance Code § 1954.102). In practice, most rideshare recoveries come through the insurance described above. A new lawyer should explain this to you honestly early on, so your expectations match the coverage that applies.

Fault, deadlines and multiple drivers

Rideshare crashes often involve two drivers blaming each other. Texas bars recovery if your share of fault is over 50 percent (Civil Practice and Remedies Code § 33.001). A passenger is rarely at fault, but each driver’s percentage still decides which insurer pays what.

The filing deadline for most Texas injury suits is two years from the crash (§ 16.003). If a government vehicle was involved, notice within six months applies (§ 101.101). Switching lawyers does not stop either clock.

What the switch costs

Moving your rideshare case to us leaves your fee unchanged. Any fee your first lawyer earned is paid from Beverly Law’s share. Costs that lawyer advanced are normally repaid from the recovery, as with any case, and if we recover nothing you owe nothing.

Texas does care about the reason you switch. Under Mandell & Wright v. Thomas, a lawyer fired without good cause may claim the agreed fee, subject to the limit on unconscionable fees. When the lawyer did not act as a reasonably skilled lawyer would, Rocha v. Ahmad limits the claim to the reasonable value of the work done. We review this with you first.

A case that has settled with a signed release is generally over, and we cannot take it.

If you were the rideshare driver

Drivers hurt while working face a different problem. Before a driver can accept rides, the company must disclose in writing that the driver’s personal auto policy may not provide coverage while the driver is logged on or on a trip (Insurance Code § 1954.101). That means your own insurer may deny a claim tied to app use. A new lawyer should find out which policy covered you, what limits applied to the at-fault driver, and whether you have uninsured/underinsured coverage that reaches the crash. If no one has walked you through this, our switching guide explains how to get a second look.

Get a second opinion

If you are not sure which insurer has your claim, or nobody has explained the app status question to you, ask your lawyer first. If you still have no answer, call us for a free review in English or Spanish through our contact page. You can also read about our Texas injury practice.

Sources

1. Hoover Slovacek LLP v. Walton, 206 S.W.3d 557 (Tex. 2006) (courtlistener.com)
2. Mandell & Wright v. Thomas, 441 S.W.2d 841 (Tex. 1969) (courtlistener.com)
3. Rocha v. Ahmad, 676 S.W.2d 149 (Tex. App.—San Antonio 1984) (courtlistener.com)
4. Texas Rule of Civil Procedure 10 (txcourts.gov)
5. Tex. Ins. Code ch. 1954, §§ 1954.051-1954.056, 1954.102 (statutes.capitol.texas.gov)
6. Tex. Transp. Code § 550.062 (statutes.capitol.texas.gov)
7. Tex. Civ. Prac. & Rem. Code § 33.001 (statutes.capitol.texas.gov)
8. Tex. Civ. Prac. & Rem. Code § 16.003 (statutes.capitol.texas.gov)
9. Tex. Civ. Prac. & Rem. Code § 101.101 (statutes.capitol.texas.gov)