Rideshares are all the rave now. They are a convenient resource to get around big cities like Dallas, Texas, without having to find parking downtown. It also offers drivers an opportunity for some extra cash during their spare time. Unfortunately, this requires passengers to put their trust and safety into the hands of someone else. So, what happens if you’re in a crash?
If you were injured in a car crash with a rideshare service, you may be wondering how to file a claim with insurance. Whether you’re the driver, passenger, or a 3rd party, it can be confusing to determine who’s responsible for covering your injury. Here’s a guide for rideshare liability and crash claims in Dallas, Texas.
Status of the Driver
Rideshare companies are required to carry insurance on their drivers. However, their policy coverage varies depending on the status of the driver at the time of the crash. A rideshare driver has four basic statuses of employment.
“Offline” drivers are those using their vehicle for personal use or are not logged into the app. This means they are not operating under the scope of employment with the rideshare company.
“Online” drivers, or drivers waiting for a ride request, are drivers operating under the rideshare app. They are essentially “clocked in” but do not have passengers in their vehicle.
“En route” drivers are drivers who have accepted a ride request and are on their way to pick up a passenger.
“On-trip” drivers are drivers who are actively transporting a passenger to their destination.
Insurance Coverage Available
Any driver operating under a rideshare service is required to carry insurance on their vehicle as outlined in Texas law. Any damage to their vehicle caused by a crash will be covered by their own insurance policy, regardless of their status at the time of the crash.
If a rideshare driver causes a crash when they are offline, the rideshare company is not responsible for any claims made against the driver. For example, if a driver is on their way to the grocery store and causes an accident, the injured victim can only claim what the driver’s personal insurance policy covers.
Once the driver is online and logged into the app, they are covered by the rideshare insurance policy, even if they are not actively transporting a passenger. In this status, if the driver is found at fault for the crash, the rideshare company will cover $50,000 per injured person, up to $100,000 per crash, and up to $25,000 in property damage for the other driver’s vehicle.
When the driver accepts a ride request or is actively transporting a passenger, the rideshare company releases full policy coverage for the driver. In this case, if the driver were to cause a crash, the rideshare company would cover up to $1,000,000 for property damage and injury protection for the passenger and the other driver.
Rideshare Insurance vs Personal Insurance
Rideshare drivers owe a duty of care to their passengers and others on the road. If a rideshare driver breaches this duty and causes harm, they could be held legally liable for any resulting damages. However, their operating status will depict whether rideshare insurance will cover damages versus the driver’s personal insurance. So, what’s the difference?
Texas law requires every driver to maintain basic liability coverage on their vehicle. At the bare minimum, every driver must carry a 30/60/25 plan, which means that if a driver causes a crash, their personal insurance will cover up to $30,000 per injured person, $60,000 per crash, and $25,000 for property damage. There are personal auto insurance policies that cover more, but this is the required minimum.
The Texas law requirements are higher for rideshare companies. Since their insurance typically has larger policies with higher limits than personal auto insurance coverage, injured victims have a better chance of getting full value for their injury.
Navigating the aftermath of a rideshare crash can be difficult. With multiple layers of insurance, changing driver statuses, and complex legal frameworks, you may need to hire an attorney to help get the compensation you deserve.
If you or someone you know has been injured in a rideshare crash, contact a qualified Dallas, Texas, personal injury attorney to help get your life back on track.
