If an Uber or Lyft driver hit you as a pedestrian, cyclist, or occupant of another vehicle, the insurer that responds depends on that driver’s app status at the moment of the crash, and can range from their personal policy to a $1 million rideshare policy. Not being the passenger doesn’t mean you’re entitled to less compensation; it mainly means there’s an extra step involved in figuring out which policy covers your case.
Are you at fault if an Uber or Lyft driver hit you as a pedestrian, cyclist, or another driver?
If the rideshare driver was at fault for the crash, you have the right to claim just like any other traffic accident victim, regardless of having no connection to the Uber or Lyft app yourself. As in any Texas accident, if you’re found more than 50% at fault you can’t recover compensation (Texas’s modified comparative negligence rule); if your share is smaller, your award is reduced by that percentage. The difference from an ordinary car crash lies in identifying which of the available policies responds.
Which insurance covers your claim, based on the driver's status?
The applicable coverage depends on the rideshare driver’s app status at the moment of the crash:
App off. Only their personal insurance responds, subject to Texas’s usual minimums ($30,000 / $60,000 / $25,000).
App on, no ride matched. $50,000 per person and $100,000 per incident apply, backed by the rideshare company.
Accepted or active ride. The rideshare company’s $1 million policy applies — the same one that covers passengers.
You can see the full breakdown of each level, including the legal basis (Texas Insurance Code, Chapter 1954), in our guide on who pays after an Uber or Lyft accident in Texas.
What if the driver wasn't on an active ride?
If the driver didn’t have the app on at all, the case is treated as an ordinary car crash, and only their personal insurance applies. That can be a problem if that driver carries only minimum or insufficient coverage for your injuries.
In that scenario, it’s worth checking whether you have your own uninsured/underinsured motorist coverage, whether through your own auto policy or, if you were a pedestrian or cyclist, through other possible coverages available depending on your particular situation.
How is the driver's active level proven?
The main evidence is the Uber or Lyft app’s own records: login time, ride assignment, and passenger pickup. That information isn’t public, and in most cases can only be obtained through a formal request to the rideshare company.
It’s common for the driver’s insurer to try to place the crash at the lowest-coverage level possible, which is why it helps to have an attorney handle that records request from the start of the case, before the evidence becomes harder to obtain.
Not being the passenger doesn’t leave you without fair compensation after a crash with a rideshare driver. At The Law Offices of John R. Salazar, we help pedestrians, cyclists, and other drivers in Dallas identify which policy applies to their case. You can request a free consultation to have your situation reviewed.
Frequently Asked Questions
Yes. As a pedestrian you have the same right to claim as in any traffic accident; what changes is identifying whether the driver’s personal insurance or the rideshare company’s policy applies, depending on whether the app was active.
The process is very similar to an ordinary car crash claim, with the extra step of confirming the Lyft driver’s app status at the moment of the crash to determine which policy applies.
Rarely directly. Typically, the claim is directed against the driver’s insurance or, when applicable, against the insurer backing the rideshare company’s policy for that level.
At The Law Offices of John R. Salazar, we help pedestrians, cyclists, and drivers hit by rideshare vehicles in Dallas identify which policy applies to their case. The consultation is free, and we don't charge unless we win. Call (214) 833-5378.
This article is for information only and is not legal advice. Every case is different; consult a lawyer about your specific situation.