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Accident With an Uber Driver in Houston: Which Insurance Applies and What to Do

October 16, 2023

Written and legally reviewedWritten by Sam A. Maida, Jr., Owner and Managing Attorney · Reviewed by Bernard G. Johnson III, Litigation Managing Attorney

Published October 16, 2023 · Last updated October 5, 2026

Part of Houston Uber & Lyft Claims · see also Rideshare Accident Houston: Uber Injury Claims · Rideshare Accident Houston: Uber Injury Claims · Rideshare Accident Houston: Uber Injury Claims · Rideshare Accident Houston: Uber Injury Claims

After an accident with an Uber driver in Texas, the insurance that applies depends on what the driver was doing in the app. While the driver is logged in and waiting for a request, the required liability coverage is $50,000 per person, $100,000 per incident and $25,000 for property damage; from the moment a ride is accepted until the last rider gets out, it is $1 million (Tex. Ins. Code § 1954.052, § 1954.053).

That makes one fact more important than any other: the driver’s status at the moment of the crash. This article explains the three stages, who can be claimed against, and what to collect at the scene. It applies to any company the statute calls a transportation network company, so Lyft is covered by the same rules. Our rideshare accident page covers these cases more broadly.

The short version

App off: the driver’s personal auto policy; the Texas minimum is $30,000 per person, $60,000 per crash, $25,000 property.
Logged in, waiting: at least $50,000 / $100,000 / $25,000 (§ 1954.052).
Ride accepted through drop-off: at least $1 million total for death, bodily injury and property damage (§ 1954.053).
If the driver’s own policy has lapsed or falls short, the company must provide the required coverage from the first dollar (§ 1954.054).
Ask the driver’s status. On request, the driver must disclose whether he or she was logged in or on a ride at the time of the collision (§ 1954.056(b)).

Driver holding a phone that shows a rideshare app, at the steering wheel — A rideshare app open on a driver’s phone.

Whose insurance pays after an accident with an Uber driver in Texas?

It depends on the stage of the trip. Texas requires primary automobile insurance, maintained by the driver or by the company on the driver’s behalf, in set minimum amounts while the driver is logged in and in larger amounts during a prearranged ride. With the app off, the driver’s ordinary personal policy applies.

Required coverage for a Texas rideshare driver, by stage
Driver’s status at the time of the crash	Minimum liability coverage required	Where it is written
Not logged in to the app	The driver’s personal auto policy. Texas minimum: $30,000 per injured person, $60,000 per crash, $25,000 property damage	Texas Department of Insurance auto insurance guide
Logged in and available, not on a prearranged ride	$50,000 for bodily injury or death per person, $100,000 per incident, $25,000 property damage, plus uninsured/underinsured motorist coverage and personal injury protection where required	Tex. Ins. Code § 1954.052
On a prearranged ride (from acceptance until the last rider leaves the vehicle)	A total aggregate limit of $1 million for death, bodily injury and property damage per incident, plus uninsured/underinsured motorist coverage and personal injury protection where required	Tex. Ins. Code § 1954.053

Sources: Texas Insurance Code, Chapter 1954; Texas Department of Insurance auto insurance guide. Read October 5, 2026.

When does a “prearranged ride” start and end?

It begins when the driver accepts a ride requested through the company’s digital network and ends when the last requesting rider departs from the driver’s personal vehicle. The $1 million requirement covers that whole period, including the drive to the pickup, not just the time a passenger is in the car.

The definition is in Tex. Ins. Code § 1954.001. It is the reason trip records matter: the app’s timestamps for the request, the acceptance, the pickup and the drop-off show which coverage stage applied at the second of impact. If you were the passenger, your own trip history shows it. If you were in another car, on a bicycle or on foot, the record is held by the company and the driver.

Can I bring a claim against Uber itself, or only against the driver?

Texas law treats a rideshare driver as an independent contractor, not an employee, when the company does not set the driver’s hours, territory or other work and the two have agreed to that in writing. So the claim ordinarily runs against the driver and the insurance the statute requires, which the company must supply if the driver’s own falls short.

The independent contractor rule is Tex. Occ. Code § 2402.114. The backstop is Tex. Ins. Code § 1954.054: if the driver’s policy “has lapsed or does not provide the coverage required,” the transportation network company “shall provide the coverage required by this subchapter beginning with the first dollar of a claim against the driver.” Whether the company can be reached directly in a particular case is a question for an attorney who has the facts.

Our earlier article for passengers, what Uber and Lyft passengers need to know, looks at the same rules from inside the car.

What should I collect at the scene of a crash with an Uber driver?

The driver’s name, address, registration and insurer, as after any crash, plus two things specific to rideshare: the driver’s proof of rideshare insurance, and the driver’s answer to whether he or she was logged in or on a prearranged ride at the time. Texas law requires the driver to give both on request.

The ordinary duty to give information is in Tex. Transp. Code § 550.023. The rideshare duty is in § 1954.056(b): the driver must carry proof of the required insurance while using the vehicle on the network and, in the event of a collision, must provide it to a directly interested person, an insurer and the investigating officer on request, and disclose whether he or she was logged on or engaged in a prearranged ride.

Photograph the vehicles, the plate and any rideshare sticker or sign. If you were the passenger, take a screenshot of the trip before the app archives it. Then report the crash to police and get medical attention; our checklist for the hours after a crash covers the rest.

How long do I have, and what if I was partly at fault?

Two years to file suit for personal injury. If you were partly at fault, you can still recover as long as your percentage of responsibility is not greater than 50 percent, with your damages reduced by that percentage. Neither rule changes because the other driver was working for a rideshare company.

The deadline is Tex. Civ. Prac. & Rem. Code § 16.003(a); the fault rules are Tex. Civ. Prac. & Rem. Code § 33.001 and § 33.012(a). The general claim process is on our Houston car accident page.

Questions people ask after a crash with a rideshare driver

Does the Texas rideshare insurance law apply to Lyft as well as Uber?

The statute is written for any transportation network company and its drivers, not for one brand. The coverage requirements in Insurance Code Chapter 1954 apply to a transportation network company driver while logged on to the company’s digital network or engaged in a prearranged ride.

Is an Uber driver an employee of Uber in Texas?

A driver authorized to log in to a transportation network company’s digital network is considered an independent contractor for all purposes, and not an employee, if the company does not prescribe the driver’s hours, restrict the driver from using other companies’ networks, limit the driver’s territory or restrict other work, and the company and driver agree in writing that the driver is an independent contractor (Occupations Code § 2402.114).

What if the Uber driver’s insurance has lapsed?

If the policy maintained by the driver has lapsed or does not provide the required coverage, the transportation network company must provide the coverage required by the subchapter, beginning with the first dollar of a claim against the driver (Insurance Code § 1954.054).

Does a personal auto policy cover a driver who is working for Uber?

The coverage required for rideshare driving must allow the driver to use a personal vehicle to transport riders for compensation and must cover the driver while logged on to the network or engaged in a prearranged ride (Insurance Code § 1954.051(b)). Insurance that satisfies Chapter 1954 also satisfies the state’s financial responsibility requirement (§ 1954.056(a)).

I was hit by an Uber driver while walking. Do the same coverage stages apply?

Yes. The required liability amounts are stated per person and per incident for bodily injury or death, without regard to whether the injured person was a passenger, another motorist or a pedestrian (Insurance Code §§ 1954.052, 1954.053).

If you were hurt in a crash with a rideshare driver in the Houston area, call Maida Law Firm at (713) 785-9484 or use the contact page. The office is at 8313 Southwest Freeway #102, Houston, TX 77074.