How Long Must I Wait To File A Claim After A Rideshare Accident In Texas?

Understanding What to Do After a Rideshare Accident in Texas 

Getting into an accident is stressful, no matter what. When it happens while you’re a passenger in a rideshare vehicle like Uber or Lyft, things get even more complicated. This guide will walk you through what to expect if you’re injured in a crash involving a rideshare driver in Texas. We’ll cover:

• The basics of rideshare accident claims 

• Why you need a personal injury lawyer

• The timeline for taking legal action

• What compensation you may recover

• Frequently asked questions

We aim to help you understand the claims process so you can make informed choices. Our goal is to educate and assist accident victims.

Call us at 972-682-9700 for a comprehensive legal consultation, or visit Oberg Law to learn more about how we can help you get the justice and compensation you’re entitled to. Gregg Oberg is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Take the first step today – we’re here to support you every step of the way.

The Basics: Rideshare Crashes and Claims in Texas

Rideshare drivers in Texas must follow state insurance minimums set by the Texas Department of Insurance. However, meeting these minimums does not guarantee adequate coverage of severe crashes. 

Here are vital things to know:

• Rideshare insurance can be tricky. It involves the driver’s policy plus extra coverage from Uber/Lyft

• Major injuries often exceed the insurance limits, leaving victims without enough compensation 

• Texas law allows injury victims to pursue multiple parties; both the driver and rideshare company can be held responsible.

• Following an injury claim involves showing the at-fault party’s negligence caused your damages.

• You must document and value your specific losses.

Working with an experienced rideshare accident injury attorney makes all the difference.

Why You Need an Attorney for Your Rideshare Injury Case

Handling a rideshare crash claim without legal representation sets you up for challenges. Insurance adjusters represent the interests of their companies, not you. 

An attorney levels the playing field by managing investigations, negotiations, and legal filings for you. Most offer free consultations about the merits of your potential case. Then, they work on a contingency fee basis, meaning you pay nothing upfront, and they receive a portion of your final settlement or award.

Specific benefits a personal injury lawyer provides include:

Guiding You on Next Steps Post-Crash

• I was advising you on interacting with insurers, rideshare reps, etc. 

• Recommending reputable doctors and coordinating treatment

• Gathering accident reports, medical records, bills, and other vital documents

Proving Liability and Damages

• Investigating crash details through all available evidence 

• Establishing apparent negligence that caused the collision

• Quantifying short and long-term effects on your life 

Maximizing Compensation 

• Pinpointing all liable parties, multiple policies may apply

• Negotiating vigorously with insurers to demand total value  

• Preparing to take the case to court if offers don’t meet losses

The legal and claims process around rideshare wrecks contains pitfalls at every turn. An attorney protects your rights and does the heavy lifting for you.

Time Limits to Take Legal Action in Texas  

It’s urgent to consult an attorney promptly because strict deadlines govern injury claims in Texas. Here is what you need to know:

• Statute of Limitations: You usually have two years from the date of injury to take legal action, or you lose the right to recover damages. 

• Evidence Preservation: Witness memories, smartphone data, rideshare records, and more become unavailable over time. Early attorney involvement captures critical proof.

• Insurance Deadlines: Rideshare policies have notification rules like 30 or 60 days post-crash to put them officially on notice of potential claims.

As you can see, waiting to call an attorney could negatively impact your case. Many offer free case reviews immediately so you know your best path forward.

What Kinds of Compensation Can I Recover After a Rideshare Crash?

If you can show the rideshare driver’s negligence directly caused your injuries and losses, you may file a liability claim seeking monetary damages. Damages fall into two broad categories:

Economic

These cover quantifiable out-of-pocket costs such as:

• Medical bills from injury treatment

• Prescriptions and medical equipment  

• Lost income from missing work 

• Loss of future earnings capacity  

Non-economic  

Harder to assign a dollar figure, these account for more intangible accident impacts:

• Physical pain and emotional distress 

• Disability leading to loss of enjoyment of life

• Disfigurement from crash-related scars

• An attorney will deal with complex calculations around the lifetime effects of disabling injuries.

 Seeking total and fair compensation is only possible with legal guidance.

Frequently Asked Questions About Rideshare Accident Claims

1. What If I’m Partially at Fault for the Rideshare Accident?

Texas applies “modified comparative negligence rules.” You may recover damages if you are less than 51% at fault. But your payout gets reduced by your percentage of fault. An attorney proves the lion’s share lies with others.

2. How Does Liability Get Determined? 

Many factors help establish legal liability, such as:

• Police crash report findings

• Witness statements 

• Vehicle condition and maintenance records  

• Statements recorded post-crash from the drivers/passengers 

• Crash reconstruction expert analysis 

Your attorney will gather all evidence and prove your case warrants maximum recovery.

3. How Long Could My Rideshare Injury Case Take?

The timeline depends on factors like: 

• Number of liable parties and policies to negotiate with

• Demand amount and settlement offers  

• Need to prepare for trial if offers are unsatisfactory

Severe injury cases resolve in 1-2 years. Complex cases with lower offers can prolong the process to 3+ years.  

4. Is a Settlement Always Better Than Going to Court in Texas?

An “out-of-court settlement” avoids the risk and stress of trial. But sometimes, cases only settle if the offers sufficiently cover losses. When reasonable demands get rejected, capable attorneys prepare solid cases for court. And large jury verdicts against rideshares do happen. Your lawyer will advise you on the best route.

5. What If I Can’t Afford an Attorney After My Rideshare Accident? 

Top personal injury firms work on contingency, meaning no upfront payment is required from injury victims. The lawyer’s fee is an agreed-upon percentage of the final settlement or court award. They have a financial stake in maximizing your recovery.

Connect with a Rideshare Accident Lawyer Serving Texas

Reach out today to discuss your situation in a no-obligation consultation.  Call us at 972-682-9700 or visit Oberg Law to schedule your consultation today. Let us take the burden off your shoulders so you can focus on healing.