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It usually depends on what the driver’s app was doing at the moment of impact. Whether the driver was offline, waiting for a request, en route to a passenger, or carrying one changes which policy responds and how much is available. The answer is usually recorded in the platform’s electronic data.
Drivers do not always know which status they were in, and memories after a crash are unreliable. The trip record in your app is often the quickest proof, and it can scroll out of your history. What cannot wait is a screenshot of that trip. Call 713-521-0059.
The app’s status at impact usually decides which policy responds. There are four stages: the app switched off, the app on and waiting for a request, the driver en route to a passenger, and a passenger in the car. Each stage can change which insurer is responsible and how much coverage is available.
The answer is in the platform’s data rather than anyone’s memory. The platform’s records typically show when the driver logged on, when a request was accepted, and when the trip began and ended. Your own receipt and timestamps are an independent check on those records. Together they show where the driver was in that sequence at the moment of the crash.
If you were assaulted by a driver or a passenger rather than injured in a crash, our page on rideshare sexual assault covers that claim.
A passenger is almost never at fault, which usually simplifies liability. The fight then shifts to coverage and to the severity of your injuries. Preserve the trip record in the app immediately, including the driver identity, the route and the timestamps. That record is often your best proof of status.
Keep a simple written record of your recovery as well, beginning with the first visit. Write down each medical appointment, each missed day of work and what you cannot do that you could do before. Save every bill and every explanation of benefits. Under Section 41.0105 of the Civil Practice and Remedies Code, recovery of medical expenses is limited to amounts actually paid or incurred. What your health insurer actually paid can matter as much as the amount on the bill.
If the at fault driver was somebody else entirely, their insurance is usually the first place to look. Your own uninsured and underinsured coverage may also matter, especially where the other driver carried little insurance or none. Do not release anyone before that is checked.
The same is true if you were in another car, on a bicycle or on foot and a rideshare driver hit you. The driver’s app status still matters, and so does your own coverage. Our page on uninsured and underinsured motorist claims explains how that coverage works.
Expect telephone calls from more than one insurance company. The driver’s insurer, the platform’s insurer and your own insurer may each open a claim.
An adjuster may ask for a recorded statement or a signed medical authorization. You generally do not have to give a recorded statement to another party’s insurer. Your own policy may require you to cooperate with your own insurer. Before you sign an authorization, it is reasonable to wait until you know which policy that adjuster represents.
Screenshot the trip in the app before it scrolls out of history. Save the receipt, the driver and vehicle detail, and the map. Report the crash through the app so a record exists on the platform’s side as well as yours.
Then gather the evidence that exists independently of the app. Keep the police crash report number and photographs of the scene, the vehicles and your injuries. Write down the names and phone numbers of witnesses while you still have them. If a business nearby had a camera facing the street, note the address, because much of that footage records over itself within days or weeks.
An insurance company may argue that you were partly responsible for the collision. Under Chapter 33 of the Civil Practice and Remedies Code, a claimant may not recover if found more than 50 percent responsible. Otherwise, recovery is reduced by the claimant’s percentage of responsibility. For a passenger that argument is rare, but it comes up more often for drivers, cyclists and people on foot.
In most cases, Section 16.003 of the Civil Practice and Remedies Code requires suit within two years after the day the claim accrues, which is usually the date of the injury. There can be exceptions, and the facts decide which apply. The app records and the trip history usually need attention much sooner than that.
Every statute and case linked above was read at its primary source. Texas statutes change every legislative session and case law is constantly changing.
This page is general information about Texas law. It is not legal advice about your situation, and reading it does not create an attorney-client relationship.
Much of this sits with the platform and the insurers, not with you. What you hold is the trip record on your phone, the receipt, your photographs and your medical records. Keep all of it, and do not sign a release before your own coverage has been checked.
We start with the app’s status at impact, because it usually decides which policy responds. Then we identify every policy that may apply, including the driver’s own, the platform’s and yours. We ask the platform to preserve its trip and app records early, before anything is released or closed.
Schiffer Law Firm is a Houston personal injury firm with 50 plus years of combined experience representing injured people across Texas.
There is no charge to talk, and no attorney’s fee unless there is a recovery.
Written by Jacob Schiffer, Attorney, Schiffer Law Firm. State Bar of Texas No. 24105175.
Call 713-521-0059.
It depends on what the app was doing at impact. Whether the driver was offline, waiting for a request, en route to a passenger, or carrying one changes which policy responds and how much is available.
A passenger is almost never at fault, which usually simplifies liability. The dispute tends to shift to coverage and to the severity of your injuries.
Screenshot the trip before it scrolls out of your history. Save the receipt, the driver and vehicle detail, and the map, and report the crash through the app so the platform has its own record.
Usually the at fault driver's insurance first. Your own uninsured and underinsured coverage may also matter, so do not release anyone before that is checked.
In most cases, two years after the day the claim accrues, which is usually the date of the injury, under Section 16.003 of the Civil Practice and Remedies Code. The trip records and platform data usually need attention much sooner.
That is a different claim, with different evidence and different responsible parties. Our page on rideshare sexual assault covers it.