956-923-4472
You expect a safe, stress-free trip when you call for a ride in the Rio Grande Valley, whether running errands in McAllen or traveling toward the airport near Expressway 83. If a crash happens, the shock and pain are immediately overwhelming. Now, you face medical bills, lost time at work, and a nagging question: how do I file a claim after a rideshare car accident?
This is not a simple fender bender case. When a commercial company uses a private driver, the laws shift quickly, creating a maze of insurance policies that confuse even seasoned legal professionals. As an injured passenger or driver in South Texas, you deserve to understand the unique rules that apply to your situation under Texas state law. I am here to explain the complexities of these claims with the compassion and clarity you need.
The Complication: Which Insurance Policy Pays?
Rideshare accident claims are complex due to overlapping insurance policies. Texas law mandates a tiered insurance system based on the driver’s status during the crash.
- Period 1 (Logged In, Waiting for Ride): Minimum coverage includes $50,000 for bodily injury/death (one person), $100,000 for all persons, and $25,000 for property damage. If personal insurance denies coverage, the rideshare company’s policy covers these amounts from the first dollar.
- Period 2 (Passenger Accepted, En Route, or Onboard): Insurance significantly increases to a minimum of $1 million for death, bodily injury, and property damage per incident. Correctly identifying the driver’s activity log is crucial for a successful claim, and insurance companies are held accountable to this state-mandated limit.
Texas Negligence Law and Your Legal Deadline
To file a personal injury claim in Texas, you must prove the rideshare driver or another party was negligent. Texas uses a modified comparative negligence standard, meaning your financial recovery decreases proportionally to your percentage of fault. Suppose you are found to be 51% or more responsible for the accident. In that case, you are legally barred from recovering any compensation, so an early and thorough investigation and gathering strong evidence are crucial for your case.
Under the Texas Civil Practice & Remedies Code § 16.003, you generally have only two years from the accident date to file a lawsuit for personal injury. This strict deadline, known as the statute of limitations, is diligently monitored by major rideshare companies and their insurance carriers as they actively work to build their defense. Failing to file your claim before this rigid deadline will almost certainly result in losing your legal right to recover damages. Therefore, it is imperative not to wait to seek experienced legal guidance.
Key Steps to Protect Your Family and Your Claim
After a rideshare accident, your priority is your health and your family’s safety. Even so, a few actions taken early on can protect your claim:
- Prioritize Medical Care: See a doctor immediately, even if you feel fine. Injuries like whiplash or concussions often have delayed symptoms. Your medical records are the most substantial evidence of your injury.
- Gather Information at the Scene: If you can, get the driver’s name, contact information, license plate number, and insurance card. Ask for proof that the driver was logged into the TNC app. Take photographs of the vehicles, the scene, and any visible injuries.
- Do Not Give a Statement: Insurance adjusters for rideshare companies are trained to get you to say something that minimizes your injuries or implies fault. Do not provide a recorded statement or sign documents without speaking to an attorney first.
The rideshare driver is likely classified as an independent contractor under Texas law. This status means the TNC may try to dodge responsibility by pointing to the driver. This is a common tactic, and it requires a lawyer who understands how to hold the company responsible under the state’s mandated insurance requirements.
A Trusted Attorney Who Understands South Texas Families
When a rideshare accident disrupts your life, you need an attorney who is knowledgeable about Texas statutes and connects with your experience. I understand that a personal injury is not just a case file. It is a crisis affecting your family, work ability, and daily life here in the Valley. That is why my firm is founded on being family-oriented and family-connected. I bring a compassionate, empathetic approach to my clients, yet I am aggressive about protecting their rights in the face of billion-dollar insurance companies.
If you or a loved one suffered harm from a negligent rideshare driver in McAllen, Pharr, Edinburg, or anywhere in Hidalgo County, I am ready to hear your story. Securing justice means working to recover compensation for your medical costs, lost wages, and pain and suffering. Let me take the burden of fighting the insurance bureaucracy off your shoulders so you can focus on healing.
I offer free consultations because everyone deserves clear, honest legal advice without financial pressure. We genuinely put our clients first, so we don’t charge you unless we win your case. You owe us nothing unless we successfully recover compensation for you.
Reach out today to discuss your case. Let me be the trusted attorney your family needs during this difficult time.
Call the Ruy Mireles Law Firm in McAllen now at: 956-923-4472 For Austin-area inquiries, please call: 512-817-0223
