You did what millions of us do every day. You opened an app, requested a ride, and placed your trust in a system designed for convenience and safety. You trusted the driver to travel the streets of Arlington, Fort Worth, or another community in the Dallas-Fort Worth metroplex with care. You expected to arrive at your destination safely.
And then, suddenly and unexpectedly, that trust was broken.
Now, in the days and weeks following the crash, you’re left with more than just the memory of the impact. You’re dealing with physical pain, mounting medical bills, and a whirlwind of confusing questions. Who is responsible? Whose insurance is supposed to pay for this? How will you make up for the time you’ve lost from work?
The path forward may seem unclear, but you are not without options, and you are certainly not without rights. An experienced Arlington, TX Uber Accident Attorney can help you navigate the complex rideshare claims process, protect your rights, and fight for the full compensation you deserve. Here are the crucial steps to take now to protect both your health and your legal right to fair compensation.
The First Moments: It’s Okay If You Weren’t Perfect
You might be replaying the accident in your mind, wondering if you did everything “right” at the scene. You may have read lists online telling you that you should have:
- Called 911 immediately.
- Taken detailed photos of the scene, the vehicles, and your injuries.
- Gathered contact and insurance information from all drivers involved.
- Collected names and phone numbers of any witnesses.
- Refused to say you were “fine” or “okay.”
In a perfect world, you would have a checklist and the clarity of mind to complete every item. But an accident is not a perfect world. It is a moment of pure chaos, shock, and often, intense pain. If you were seriously injured, your only job in that moment was to survive and get the medical help you needed.
Let us be perfectly clear: If you were unable to take some or all of these steps, it does not mean your case is lost. If you were transported from the scene in an ambulance, you obviously couldn’t take photos. If you were in shock, you likely weren’t thinking about collecting witness statements. That is okay. While this information is helpful, a strong claim can still be built. The most important actions are the ones you take from this point forward.
Your Health Comes First: Essential Steps for Your Recovery
The single most important thing you can do after any accident is prioritize your physical and mental well-being. This is not only critical for your recovery but also for documenting the true extent of your injuries, which is a cornerstone of any personal injury claim.
Seek Comprehensive and Consistent Medical Treatment
Even if you received emergency care at the scene or went to an urgent care clinic right after the crash, your medical journey is just beginning.
- The Adrenaline Factor: In the hours and even days after a collision, adrenaline can mask serious injuries. You might have felt “sore” initially, only to wake up a few days later in excruciating pain. What seems like a minor ache could be a sign of a soft tissue injury, a herniated disc, or even a traumatic brain injury (TBI).
- Don’t “Tough It Out”: It is a common and understandable impulse to try and push through the pain. However, failing to seek prompt medical attention can be detrimental. Insurance companies are notorious for using any delay or gap in treatment to argue that your injuries aren’t serious or weren’t caused by the accident. They will say, “If you were really hurt, you would have seen a doctor sooner.”
- Establish a Record: Every visit to a doctor, specialist, or physical therapist creates a medical record. This record is official documentation of your injuries, their severity, the prescribed treatment, and the professional medical opinion on how the accident caused them. This is powerful evidence.
If you haven’t seen a doctor yet, or if you only went to the ER, make an appointment with your primary care physician immediately. Be completely honest about every symptom you are experiencing, no matter how minor it may seem.
Follow Your Doctor’s Orders Meticulously
Your doctor has laid out a treatment plan for a reason. Following it is essential for your recovery and your claim. This includes:
- Attending all scheduled physical therapy and specialist appointments.
- Taking all prescribed medications as directed.
- Following activity restrictions (e.g., no heavy lifting, taking time off work).
- Getting the imaging tests they order, like X-rays, MRIs, or CT scans.
When you fail to follow a treatment plan, an insurance adjuster will argue that you either weren’t as injured as you claim or that you failed to mitigate your damages, meaning you didn’t do your part to get better. Don’t give them that ammunition.
Keep a Personal Journal of Your Experience
Medical records tell one part of the story, but they don’t capture the full human cost of an accident. Start a simple journal or even a note on your phone. Every day, take a few minutes to document:
- Your Pain: Rate your pain on a scale of 1 to 10. Describe the type of pain (e.g., sharp, dull, throbbing) and where it is located.
- Your Limitations: What couldn’t you do today that you could do before the accident? This could be as simple as “I couldn’t lift my child,” “I couldn’t walk the dog,” or “I had to ask my spouse to open a jar for me.”
- Your Emotional State: Document feelings of anxiety, depression, sleeplessness, or fear of getting into a car. The emotional toll is a real and compensable part of your suffering.
- Missed Events: Did you miss a family gathering, a work event, or a child’s school play because of your injuries? Write it down.
This journal will become an invaluable tool for demonstrating the true impact the accident has had on your day-to-day life.
The Rideshare Insurance Puzzle: Why Uber & Lyft Claims Are So Complex
An accident involving a rideshare vehicle is not like a typical two-car collision. Instead of dealing with one or two insurance policies, there can be three or even four potential sources of coverage. Understanding which policy applies is confusing by design and is often where victims are taken advantage of.
The insurance coverage depends entirely on the driver’s status in the app at the moment of the crash.
Scenario A: The Driver was “Offline” or Not Using the App
If the driver was using their vehicle for personal reasons and was not logged into the Uber or Lyft app, then the rideshare company’s insurance does not apply. In this case, a claim would be filed against the driver’s personal auto insurance policy, just like in any standard Texas car accident.
Scenario B: The Driver was Logged In and Waiting for a Ride Request
This is “Period 1” of rideshare coverage. The driver is available but has not yet accepted a ride. If they cause an accident during this time, Uber and Lyft provide a lower level of third-party liability coverage. In Texas, this typically includes:
- $50,000 in liability coverage for bodily injury per person.
- $100,000 in liability coverage for bodily injury per accident.
- $25,000 in liability coverage for property damage.
This coverage is often insufficient for serious injuries.
Scenario C: The Driver Accepted a Ride and Was on the Way to Pick You Up, or You Were in the Car
This is “Period 2” and “Period 3” of rideshare coverage, and it is the scenario that applies to most injured passengers. Once the driver is actively engaged in a ride, Uber and Lyft’s substantial commercial insurance policy is triggered. This policy provides:
- $1,000,000 in third-party liability coverage. This covers your injuries if your Uber/Lyft driver was at fault for the crash.
- $1,000,000 in Uninsured/Underinsured Motorist (UIM) coverage. This is critically important. If the accident was caused by another driver who was uninsured or who didn’t have enough insurance to cover your extensive injuries, you can make a claim against this UIM policy.
As you can see, determining which policy applies is complicated. This complexity is an advantage for the insurance companies. They will look for any reason to push liability onto another policy or to deny your claim altogether.
Protecting Your Legal Rights: Critical Actions to Take Now
While you focus on your health, there are a few simple but powerful steps you can take to protect your ability to recover fair compensation.
Do Not Speak to an Insurance Adjuster—Especially a Recorded Statement
You will likely receive a call from an insurance adjuster very soon after the crash. It may be from your driver’s personal insurance, the other driver’s insurance, or even a representative from Uber or Lyft’s insurance carrier. They will sound friendly and concerned. Their job is not to help you. Their job is to save their company money by minimizing or denying your claim.
They will ask for a recorded statement. Politely and firmly decline. Adjusters are trained to ask leading questions designed to get you to downplay your injuries (“So you were just a little sore?”), admit partial fault (“You saw the other car coming, right?”), or make statements that can be taken out of context. Anything you say in a recorded statement can and will be used against you. You are under no legal obligation to provide one.
Gather and Preserve All Documentation
Begin collecting every piece of paper and digital file related to your accident and injuries. Create a folder and keep everything in one place. This includes:
- The police report number or a copy of the report itself.
- Your Uber or Lyft ride receipt (take a screenshot from the app).
- Photos or videos you have from the accident scene.
- All medical bills, explanations of benefits (EOBs) from your health insurance, and receipts for prescriptions.
- Receipts for any other related expenses (e.g., crutches, transportation to doctor’s appointments).
- Documentation from your employer detailing the time you missed from work and your rate of pay.
Be Extremely Cautious on Social Media
In today’s world, your social media profiles are a goldmine for insurance investigators. They will scour your Facebook, Instagram, and other accounts looking for anything that contradicts your injury claim.
A simple photo of you smiling at a family dinner could be used to argue you aren’t in pain. A post about going for a short walk could be twisted to suggest you aren’t following your doctor’s restrictions. The safest course of action is to stop posting publicly until your case is resolved. At a minimum, set all of your profiles to the highest privacy settings.
What Compensation Can You Claim in a Texas Rideshare Accident?
Under Texas law, if you were injured due to someone else’s negligence, you have the right to seek compensation for the full range of your losses. These losses, known as “damages,” fall into two main categories.
Economic Damages
These are the direct, calculable financial losses you have suffered. They are meant to make you “whole” again financially and include:
- All Medical Expenses: This covers everything from the initial ambulance ride and emergency room visit to future surgeries, physical therapy, medication, and any necessary medical equipment.
- Lost Wages or Income: Compensation for the paychecks you have already lost because you were unable to work.
- Loss of Future Earning Capacity: If your injuries are permanent and prevent you from returning to your old job or from earning the same amount of money you did before, you can be compensated for this future loss.
- Property Damage: The cost to repair or replace any personal property damaged in the crash, such as a phone, laptop, or glasses.
Non-Economic Damages
These damages are intended to compensate you for the intangible, human cost of the accident. While they don’t come with a receipt, they are every bit as real and devastating. They include:
- Pain and Suffering: Compensation for the physical pain and discomfort you have endured and will continue to endure.
- Mental Anguish: This includes the emotional trauma of the accident, such as depression, anxiety, fear, and post-traumatic stress disorder (PTSD).
- Physical Impairment: Compensation for the loss of ability to do things you once enjoyed, whether it’s playing a sport, gardening, or simply playing with your children without pain.
- Disfigurement: Compensation for scarring or other permanent changes to your appearance.
Calculating the full value of your claim, especially the non-economic damages, requires a deep understanding of Texas law and how juries value these losses. This is not a battle you should have to figure out on your own.
Get Aggressive Legal Representation and Compassionate Guidance
After a serious rideshare accident in Arlington or Tarrant County, it can feel like a lonely and uphill battle. You are trying to heal from your injuries, support your family, and navigate a complex legal system that seems built to favor giant corporations and their insurance carriers.
You deserve a team that will lift that burden from your shoulders. At Branch & Dhillon, our personal injury attorneys in Arlington, TX combine a compassionate approach to our clients’ suffering with an aggressive and relentless fight for their rights. Founding partners Jas Dhillon and Blake Branch have built our firm on the principle that injured Texans deserve a powerful advocate in their corner—one who is not afraid to stand up to insurance bullies and, if necessary, take the fight to a jury.
We handle the fight so you can focus on healing. We will:
- Thoroughly investigate your accident to prove liability.
- Handle all communication with the insurance companies so you don’t have to.
- Work with medical and financial experts to calculate the full, true value of your claim.
- Aggressively negotiate for a settlement that covers all of your past, present, and future needs.
- Prepare to take your case to trial if the insurance company refuses to make a fair offer.
If you were injured in an Uber or Lyft accident in Arlington, Fort Worth, or anywhere in Texas, you don’t have to face this alone. You deserve justice, and you deserve a firm that will fight for it.
Contact Branch & Dhillon today at (817) 533-3430 or through our online form for a completely free and confidential consultation. We will listen to your story, answer your questions, and explain your rights. And remember our promise: You don’t pay us anything until we get money for you.