By the Beverly Law legal team. Updated November 2026.
Hurt in an Uber or Lyft crash?
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What to do after an Uber or Lyft crash in Texas
- Get medical care the same day if you can.
- Call the police. Our guides explain how to get the crash report in Houston and Dallas.
- Ask the rideshare driver two questions. Texas law requires the driver to carry proof of the rideshare insurance and, on request after a collision, to tell a directly interested person, an insurer or the investigating officer whether they were logged on to the app or on a prearranged ride at that moment (Ins. Code § 1954.056). Write the answer down.
- Keep the receipt. After every ride the company must email or text the rider a receipt with the origin, destination, total time and distance, and the fare (Occ. Code § 2402.105). It places you in the car at a set time.
- Say little to the insurers. Report the crash in the app, and hold off on a recorded statement until you have advice.
Texas rideshare insurance, period by period
Texas regulates Uber and Lyft in Occupations Code chapter 2402, which adopts the insurance rules of Insurance Code chapter 1954 (Occ. Code § 2402.101).
| Driver’s status | Minimum coverage | Source |
|---|---|---|
| App off | The driver’s personal policy: $30,000 per person, $60,000 per crash, $25,000 property damage | Transp. Code § 601.072 |
| Logged on, available, no ride | $50,000 per person and $100,000 per incident for injury or death, $25,000 property damage, plus UM/UIM and PIP where Texas law requires them | Ins. Code § 1954.052 |
| Prearranged ride: from accepting the request until the last rider gets out | $1 million total for death, bodily injury and property damage per incident, plus UM/UIM and PIP where Texas law requires them | § 1954.053; § 1954.001(3) |
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 does not wait for the driver’s personal insurer to deny the claim first (§ 1954.055). Texas sets no separate excess layer for the waiting period. The $50,000 per person is the floor.
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The Texas gap: uninsured motorist and PIP coverage can be rejected
California and Washington set a dollar amount of uninsured or underinsured motorist coverage for rideshare passengers. Texas does not. The rideshare policy must include UM/UIM and personal injury protection only “where required by” the general Texas rules (§ 1954.053), and under those rules the named insured can reject both in writing (§ 1952.101(c); § 1952.152(b)). Required PIP need not exceed $2,500 per person (§ 1952.153), and when it is there it pays without regard to fault (§ 1952.155).
So if a drunk or uninsured driver hits the Uber you are riding in, the first question is whether the rideshare policy kept its UM/UIM coverage or rejected it. The second is what your own policy and any household policy provide. Texas is an at-fault state, explained on our page Is Texas a no-fault state?. The UM question comes up in crashes like this fatal wrong-way DUI crash on the Eastex Freeway in Houston, where a suspected drunk driver was involved.
Who can be responsible in Texas
The at-fault driver, whether that is the rideshare driver or someone else, as in this multi-vehicle crash at Main and Akard in downtown Dallas.
Uber or Lyft. Texas law says a rideshare driver is an independent contractor “for all purposes,” and not an employee “in any manner,” when the company does not set the driver’s hours, does not bar other apps, does not limit territory, does not restrict other work, and the two sign a written independent contractor agreement (Occ. Code § 2402.114). That section addresses employment status. It does not reduce the insurance chapter 1954 requires for drivers logged in to the app.
A government unit. If a city bus, a police car or a road defect played a part, the governmental unit is entitled to notice within six months of the crash, and city charters may set shorter periods that the statute ratifies (Civ. Prac. & Rem. Code § 101.101).
Texas also bars cities from regulating rideshare companies, with exceptions for airports and cruise terminals (Occ. Code § 2402.003). The state regulator is the Texas Department of Licensing and Regulation (§ 2402.001).
Arbitration clauses in Texas rideshare cases
Uber’s terms say the Federal Arbitration Act governs its arbitration agreement, which covers disputes between the rider and Uber, including “incidents or accidents resulting in personal injury or death to you or anyone else,” and waives a jury (Uber Terms of Use). Lyft’s terms send claims about its rideshare services to individual arbitration and waive a jury as well (Lyft Terms of Service). Both exclude individual sexual assault and harassment claims and small claims cases.
Those clauses reach disputes with the company. Your claim against a driver who ran into the Uber is not a dispute with Uber, and someone who never used the app never signed up for the terms.
Deadlines, the 51% bar and Texas crash numbers
- Two years to sue for personal injury, and two years from the date of death for a wrongful death claim (Civ. Prac. & Rem. Code § 16.003).
- The 51% bar. You cannot recover if your share of responsibility is greater than 50% (§ 33.001). Below that, your damages are reduced by your share. See comparative fault in California, Texas and Washington.
- Six months for notice to a governmental unit (§ 101.101).
TxDOT counted 3,769 traffic deaths in Texas in 2025, down 9.38% from 4,159 in 2024 (TxDOT). Passengers die in these crashes too, like the 16-year-old killed in this South MoPac crash in Austin. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
Related pages
- Who pays if you are hurt in an Uber or Lyft accident in Texas?
- California Uber and Lyft accident lawyer
- Washington Uber and Lyft accident lawyer
- Uber accident claims and Lyft accident claims
- Uber passenger injured: who pays?
- Rideshare driver between rides: whose insurance applies?
- How to get an Uber or Lyft accident report
- Austin car accident lawyer
- Texas truck accident lawyer
Common questions
How much insurance does an Uber or Lyft driver carry in Texas?
At least $1 million per incident from the moment the driver accepts a ride until the last rider gets out. While logged on and waiting, $50,000 per person, $100,000 per incident and $25,000 property damage. With the app off, only the driver’s personal policy.
Does the Uber policy cover me if an uninsured driver hit us?
Only if the policy kept uninsured motorist coverage. Texas requires it on rideshare policies only where general Texas law does, and the named insured can reject it in writing. Ask the insurer, and check your own policy.
Can I sue Uber or Lyft directly in Texas?
Texas classifies rideshare drivers as independent contractors when the conditions in Occupations Code section 2402.114 are met, so most recovery comes through the insurance chapter 1954 requires. The facts of your crash decide whether there is a direct claim against the company.
How long do I have to file a lawsuit?
Two years under Civil Practice and Remedies Code section 16.003. A claim against a city, county or the state needs notice within six months, and some city charters require it sooner.
What if I was partly at fault?
Your recovery is reduced by your share of fault, and you recover nothing if you are found more than 50% responsible. A passenger who did nothing to cause the crash has no share to subtract.
Is Texas a no-fault state for rideshare crashes?
No. Texas is an at-fault state. PIP pays some medical bills and lost wages regardless of fault when it is in the policy, but the at-fault driver’s insurance pays the injury claim.
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Hurt in an Uber or Lyft crash? Tell us what happened and we will tell you which policy applies. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Sources
- Tex. Occ. Code § 2402.001
- Tex. Occ. Code § 2402.003
- Tex. Occ. Code § 2402.101
- Tex. Occ. Code § 2402.105
- Tex. Occ. Code § 2402.114
- Tex. Ins. Code § 1954.001
- Tex. Ins. Code § 1954.052
- Tex. Ins. Code § 1954.053
- Tex. Ins. Code § 1954.054
- Tex. Ins. Code § 1954.055
- Tex. Ins. Code § 1954.056
- Tex. Ins. Code § 1952.101
- Tex. Ins. Code § 1952.152
- Tex. Ins. Code § 1952.153
- Tex. Ins. Code § 1952.155
- Tex. Transp. Code § 601.072
- Tex. Civ. Prac. & Rem. Code § 16.003
- Tex. Civ. Prac. & Rem. Code § 33.001
- Tex. Civ. Prac. & Rem. Code § 101.101
- Uber U.S. Terms of Use (last modified Nov. 4, 2026)
- Lyft Terms of Service (updated Feb. 9, 2026)
- TxDOT, comparison of motor vehicle traffic deaths 2003-2025
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. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.