Beverly Law. Updated November 2026.
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Coverage depends on what the app showed
Chapter 2402 of the Occupations Code is the statewide law for Uber, Lyft and similar apps. It makes the insurance minimums in Insurance Code chapter 1954 apply to the companies and to any driver logged in to the app (Occ. Code § 2402.101).
| App status when the crash happened | Insurance the law requires | Source |
|---|---|---|
| App turned off | Only the driver’s own auto policy, with Texas minimums of $30,000 for one injured person, $60,000 for all injuries in the crash and $25,000 for property | Transp. Code § 601.072 |
| App on, waiting for a request | $50,000 for one injured person, $100,000 for all injuries in the incident, $25,000 for property | Ins. Code § 1954.052 |
| Request accepted, driving to the pickup or carrying riders | $1 million combined for injuries, deaths and property damage in the incident | § 1954.053; § 1954.001(3) |
Because the ride period starts at acceptance, a driver heading to pick someone up is already inside the $1 million period. That $1 million is one aggregate limit per incident, shared by everyone hurt and all property damaged in the crash. Since September 1, 2025, an automated vehicle with no human driver is treated as the rideshare driver for these coverage rules (§ 1954.003).
Who pays, by who you were in the crash
| Who you were | Main source of payment | Other coverage to check |
|---|---|---|
| Uber or Lyft passenger | If the rideshare driver caused the crash, the $1 million ride coverage. If another driver caused it, that driver’s liability insurer. | Uninsured/underinsured motorist (UM/UIM) and PIP on the rideshare policy if they were not rejected in writing; PIP and UM/UIM on your own or a household auto policy; health insurance |
| Driver of another car hit by the rideshare car | The rideshare driver’s coverage for the app status at that moment (see the table above) | Your own UM/UIM if the rideshare driver’s coverage runs out; your own PIP; collision coverage for your car |
| Pedestrian or cyclist | The rideshare driver’s coverage for the app status at that moment | PIP or UM/UIM under your own or a household auto policy, depending on its terms; health insurance |
| The rideshare driver | If another driver caused the crash, that driver’s liability insurer | UM/UIM and PIP on the rideshare policy if included; health insurance. Your personal policy may exclude time logged on to the app |
A rideshare driver who caused the crash cannot collect for their own injuries from their own liability coverage, because that coverage pays the people they hurt.
Uninsured drivers and PIP: check what the policy kept
For uninsured motorist and PIP coverage, chapter 1954 borrows the general Texas rules: the rideshare policy must carry them only where those rules require (§ 1954.053). The general rules make an insurer include both in an auto liability policy, yet any named insured can turn them down in writing (§ 1952.101(c); § 1952.152(b)).
When an uninsured or underinsured driver hits the Uber or Lyft you were riding in, start by asking whether the company’s policy still carries UM/UIM. Then look at your own auto policy and any policy held by someone you live with.
PIP covers the named insured, people in the same household and passengers in the insured car. It pays reasonable medical bills and lost income caused by the accident (§ 1952.151), whoever was at fault (§ 1952.155). The amount the law requires is $2,500 per person, and a policy can carry more (§ 1952.153).
When the driver’s personal insurer says no
Texas lets personal auto insurers exclude losses that happen while the driver is logged on to a rideshare app or carrying a rider. The exclusion can reach liability, PIP, UM/UIM, medical payments and damage to the car itself (§ 1954.151). Other rules in the same chapter help fill the gap:
- You do not need a denial from the driver’s personal insurer before the company’s policy has to respond (§ 1954.055).
- When the policy the driver bought for rideshare work has lapsed or does not meet the minimums, the company has to supply the required coverage starting with the first dollar of the claim against the driver (§ 1954.054).
- If asked after a collision, the driver has to say whether they were logged on or on a prearranged ride at the time. That duty runs to anyone directly interested in the crash, to insurers and to the investigating officer (§ 1954.056(b)).
- In the claim investigation, the company and its insurer must give directly interested persons the precise times the driver logged on and off in the 12 hours before and after the accident (§ 1954.154).
Riders get a record of their own. After each trip, the company has to send the passenger who requested it an email or text receipt listing where the ride began and ended, how long and how far it went, and the fare (Occ. Code § 2402.105).
Fault and the two-year deadline
Texas is an at-fault state, so the insurer of whoever caused the crash pays the injury claim. Under the 51% bar, a person found more than 50% responsible gets no damages (Civ. Prac. & Rem. Code § 33.001). At 50% or less, damages shrink by your percentage (§ 33.012).
| Rule | What it means | Source |
|---|---|---|
| Injury lawsuit deadline | 2 years from the crash | § 16.003(a) |
| Wrongful death lawsuit deadline | 2 years from the date of death | § 16.003(b) |
| 51% bar | No recovery above 50% responsibility | § 33.001 |
What this means for your case
Pin down the app status first. Ask the driver at the scene whether they were logged on or on a ride, and write down the answer. Save the ride receipt and screenshots of the trip in your app. Get the police report, photos of the vehicles and the names of witnesses.
Ask every insurer, in writing, for the policy limits and whether UM/UIM and PIP were rejected. Check your own auto policy and any policy in your household. Hold off on recorded statements until you have advice. Keep the two-year deadline in mind; it runs whether or not an insurer is still reviewing the claim.
Read more on our Texas Uber and Lyft accident page, whether Texas is a no-fault state and how comparative fault works in Texas. Beverly Law’s Texas-licensed attorneys handle Uber and Lyft injury claims across Texas. Call (310) 552-6959 for a free consultation. You owe no fees or costs unless we win.
Common questions
Does Uber or Lyft insurance cover me if the driver was on the way to pick someone up?
Yes. In Texas the ride period starts when the driver accepts the request, so the $1 million minimum under Insurance Code § 1954.053 applies on the way to the pickup.
What if the Uber or Lyft driver had the app off?
Then the rideshare insurance rules do not apply, and the claim goes to the driver’s personal auto policy. Texas requires at least $30,000 for one injured person, $60,000 for all injuries in a crash and $25,000 for property damage.
Can I get my medical bills paid right away even if fault is disputed?
Possibly, through PIP. Texas PIP pays medical bills and lost income regardless of fault. The amount the law requires is $2,500 per person, and it applies only if the policy did not reject PIP in writing.
How do I prove the driver was logged in to the app?
Ask the driver at the scene; Texas law requires drivers to disclose their app status on request after a collision. In a claim investigation, the company and its insurer must also give interested persons the driver’s log-on and log-off times for the 12 hours before and after the crash.
What is the deadline to sue after a Texas Uber or Lyft crash?
Generally two years: from the day of the crash for an injury claim, and from the day the person died for a wrongful death claim (Civil Practice and Remedies Code § 16.003). The deadline keeps running while an insurer reviews the claim.
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Related pages
Texas Uber and Lyft accident lawyer · Uber and Lyft accident claims in California (guide) · Is Texas a no-fault state? · Comparative fault in California, Texas and Washington · Texas car accident lawyer · Beverly Law in Texas
Sources
- Texas Occupations Code § 2402.101, chapter 1954 insurance rules apply to rideshare companies and drivers
- Texas Occupations Code § 2402.105, electronic ride receipt
- Texas Insurance Code § 1954.001, definition of prearranged ride
- Texas Insurance Code § 1954.003, coverage rules for automated vehicles
- Texas Insurance Code § 1954.052, coverage between prearranged rides
- Texas Insurance Code § 1954.053, coverage during prearranged rides
- Texas Insurance Code § 1954.054, lapse of or insufficient coverage
- Texas Insurance Code § 1954.055, relation to personal auto insurance
- Texas Insurance Code § 1954.056, proof of insurance and app status disclosure
- Texas Insurance Code § 1954.151, personal policy exclusions
- Texas Insurance Code § 1954.154, log-on times in claim investigations
- Texas Insurance Code § 1952.101, uninsured/underinsured motorist coverage and written rejection
- Texas Insurance Code § 1952.151, personal injury protection defined
- Texas Insurance Code § 1952.152, PIP required unless rejected in writing
- Texas Insurance Code § 1952.153, $2,500 PIP minimum
- Texas Insurance Code § 1952.155, PIP paid without regard to fault
- Texas Transportation Code § 601.072, minimum personal auto liability limits
- Texas Civil Practice and Remedies Code § 33.001, 51% bar
- Texas Civil Practice and Remedies Code § 33.012, reduction by percentage of responsibility
- Texas Civil Practice and Remedies Code § 16.003, two-year limitations period
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 9, 2026.