A passenger hurt in an Uber or Lyft in Houston may be able to claim against more than one insurance policy, and which one responds depends on what the driver’s app was doing when the crash happened. Texas Insurance Code chapter 1954 sets minimum coverage for two app periods, logged on and waiting for a request, and engaged in a prearranged ride, so the app status is the first fact to pin down. Preserve the trip record and report the crash promptly.
The short version
- App status decides the coverage. The driver’s personal policy can exclude losses during the logged-on and trip periods, so the status has to be documented.
- Logged on, waiting for a request: at least $50,000 per person and $100,000 per incident for bodily injury or death (Insurance Code § 1954.052).
- On a trip, from acceptance until the last rider leaves: at least $1 million in total coverage for each incident (§ 1954.053).
- Uber or Lyft steps in when the driver’s own insurance has expired or is below the required level, starting with the first dollar of the claim (§ 1954.054).
- The driver must disclose app status on request and carry proof of insurance (§ 1954.056(b)).
Why does the app status decide who pays a rideshare passenger?
Chapter 1954 sets coverage requirements for two app periods only: while the driver is logged on and available, and while the driver is engaged in a prearranged ride. Outside those periods the driver’s personal auto policy is the main source, and that policy may not cover rideshare driving at all.
Section 1954.051(b) requires the insurance to cover the driver during both app periods. Section 1954.151 allows a personal insurer to exclude from its policy any loss that occurs while the driver is logged on or on a trip, and the exclusion can reach bodily injury liability, personal injury protection, uninsured and underinsured motorist coverage, and medical payments. A passenger’s claim can therefore land on a gap the driver never expected to have. A rideshare crash is still a car crash for most purposes, and our car accident page covers the basics.
The chapter also says the company’s coverage is not contingent on a personal insurer first denying the claim (§ 1954.055). A passenger does not have to wait for the driver’s policy to refuse before the company’s coverage is examined.
How much coverage applies when the driver is logged on but not on a trip?
Section 1954.052 requires at least $50,000 for bodily injury or death to each person in an incident, $100,000 per incident, and $25,000 for property damage. Uninsured or underinsured motorist coverage and personal injury protection are also required where Sections 1952.101 and 1952.152 require them.
Those minimums are modest next to the on-trip figure, and a serious injury can exceed them quickly. Uber’s insurance page describes the same tiers for a driver who is logged on and has not accepted a trip, listing “$50,000 per person and $100,000 per accident for injuries” and “$25,000 in property damage per accident.” The company’s summary is useful for comparison, but the statute is the controlling text.
Where a policy falls short, the statute puts the company in front. Under Section 1954.054, if the driver’s policy has lapsed or falls short of the required coverage, the company must supply that coverage from the first dollar of any claim against the driver.
How much coverage applies once a ride is accepted?
Section 1954.053 requires one combined limit of at least $1 million, covering death, bodily injury and property damage, for each incident during a prearranged ride. The ride starts when the driver accepts a request and ends when the last requesting rider leaves the vehicle.
Section 1954.001(3) draws those boundaries. A ride starts “at the time a driver accepts a ride requested by a rider” and ends “at the time the last requesting rider departs from the driver’s personal vehicle.” A passenger hurt while getting out may fall inside that window, so the acceptance and drop-off times should be recorded from the start.
Uber’s insurance page gives the same figure for the accepted-ride stage, saying the company carries “at least $1,000,000 for property damage and injuries to riders.” The statute’s single limit covers death, bodily injury and property damage together, so what is actually available in a claim depends on every other injury and loss from the same incident.
| App status | Minimum coverage required | Statute | What the passenger should check |
|---|---|---|---|
| App off | No chapter 1954 requirement; the driver’s personal policy applies | § 1954.051(b) | Whether the personal policy has rideshare or livery exclusions |
| Logged on, not on a trip | $50,000 per person and $100,000 per incident for bodily injury or death; $25,000 property damage | § 1954.052 | Whether the personal policy excluded this period (§ 1954.151) |
| On a trip, acceptance to last rider’s departure | One combined limit of $1 million per incident, covering death, injury and property damage | §§ 1954.001(3), 1954.053 | Exact acceptance and drop-off times, and which policy was in force |
Verified on 16 October 2026 against the Legislature’s statute site: Insurance Code chapter 1954.
Can the driver’s personal policy refuse to pay a passenger?
It can, for losses during the two app periods, if the policy contains an exclusion the statute allows. The company’s coverage then becomes the main source, but the driver’s policy still has to be read because a lapse or shortfall triggers the company’s first-dollar duty.
Section 1954.151(a) allows an insurer to exclude a loss that occurs while the driver is logged on or engaged in a prearranged ride. Subsection (b) makes that exclusion reach any coverage in a personal policy, and subsection (d) adds that the subchapter does not invalidate or limit a policy-form exclusion for vehicles used to carry persons or property for compensation or available for hire by the public, including forms in use before January 1, 2016.
Houston’s own regulators described this gap in 2014. A user’s guide from the city’s Administration and Regulatory Affairs department, issued when City Council amended Chapter 46 on August 6, 2014, warned that standard Texas personal auto policies carry a “livery exclusion” for a vehicle “used to carry persons or property for compensation or a fee,” and said the result could be an “insurance gap” for passengers. The guide is a 2014 city document, so the statute above and the policy in hand control today.
A personal insurer’s denial should be read against the exact policy wording and the app times, not accepted as the final answer. Our page on ride-sharing accidents in Houston covers the subject, and our article on whether a Texas insurance claim needs a car accident attorney is a useful companion. The coverage questions are for counsel to check against the policy in hand.
Who can a rideshare passenger claim against?
The injured passenger can look to the driver, any other negligent driver, and the company whose policy applies to the trip. The company’s responsibility depends on the app stage, the policy wording and the facts, and counsel should evaluate it rather than assume it.
The driver is a defendant when the driver’s own negligence contributed to the crash, and our Houston auto accident page explains the general steps for a claim against another driver. A second driver whose negligence caused or added to the injury is a defendant whether or not a rideshare trip was in progress. If a vehicle defect played a part, a manufacturer may be a defendant, a subject our defective vehicle product page covers.
Chapter 1954 is about insurance, not about who is legally at fault, so it does not answer every liability question. Section 1954.102 says a company “does not control, direct, or manage” a personal vehicle or driver “except as agreed by written contract,” and what that arrangement means for liability is a question for counsel. The company claim is therefore a question of both coverage and Texas law, and each has to be checked separately.
What should a passenger keep from the trip?
Keep the trip receipt, the pickup and drop-off addresses and times, and any screenshots of the ride status. Write down the driver’s name, plate and insurance details, and ask whether the crash was reported through the app.
Chapter 1954 gives those facts legal weight. The driver must carry proof of insurance and, on request, must disclose whether the driver was “logged on to the company’s digital network” or “engaged in a prearranged ride” at the time of the collision (§ 1954.056(b)). In an insurance claim investigation, the company and its insurers must also provide the precise log-on and log-off times for the 12 hours before and the 12 hours after the accident (§ 1954.154). Those records settle the app-status question, so ask for them early. Names and contact details of witnesses matter as well, and our article on why witnesses are important in a Houston car accident claim explains why.
Uber’s insurance page says “the easiest way to report a crash is through the Driver app,” and asks drivers to finish the process “as soon as it’s reasonable to do so.” That route is the driver’s. The same page says riders can report an accident through a separate rider link, so a passenger can ask the driver whether a report was filed, use the rider route, and keep any confirmation. Our photo checklist for the scene covers what to capture. The police side is covered by our guide on obtaining a Houston crash report, and our checklist for the first hours after a Houston crash is at what to do immediately after a car accident.
Does uninsured or underinsured motorist coverage help a rideshare passenger?
It may, when the at-fault driver is uninsured or underinsured. Section 1952.101 gives an insured protection against a motorist with no insurance or too little. Whether a passenger counts as an insured depends on the policy wording, which should be read rather than assumed.
The coverage is defined in Insurance Code chapter 1952. Section 1952.101(a) describes it as protection for insureds “legally entitled to recover from owners or operators of uninsured or underinsured motor vehicles damages for bodily injury.” Section 1952.103 defines an underinsured vehicle as one whose collectible liability limits are lower than the insured’s underinsured limit.
Chapter 1954 lets a personal insurer exclude uninsured and underinsured coverage during the app periods (§ 1954.151(b)(3)), so a passenger should check both the personal policy and the company’s policy before choosing one. Our UM and UIM explainer covers how that coverage is pursued.
What happens when the other driver was impaired or fled?
The trip coverage can still matter, but the other driver’s conduct raises a separate question. Impairment and flight change who can be sued and what proof is needed, and each pattern has its own claim issues, covered on our drunk driving and hit-and-run pages.
A FOX 26 Houston report published on 4 March 2024 described a crash near Deer Trail Drive and Gillespie Road, on the North Freeway service road near West Road. It said a 3-year-old girl in the Uber was taken to the hospital in critical condition, that a male passenger was also taken to the hospital, and that police said the driver of a pickup showed signs of intoxication after being detained. The report also said the Uber driver had three passengers. The story is from 2024 and is cited here only as a local example of how such a crash is first described.
Impairment and flight matter because the claim may involve a second, uninsured or underinsured driver. Our pages on drunk driving accidents in Houston and hit-and-run accidents describe those claims, with our Houston drunk driving facts and Houston hit-and-run article adding local context. Distracted driving and failure to stop cases raise similar proof questions, and our Houston distracted driving article covers the proof.
Report read on FOX 26 Houston, published 4 March 2024: Houston crash: girl and man riding in Uber taken to hospital.
How long does a rideshare injury claim take?
There is no fixed timetable. Treatment, the number of insurers and any dispute over app status all affect the pace. The two-year limit in Civil Practice and Remedies Code § 16.003 applies to the suit itself, and an early deal can leave future costs unpaid.
Treatment sets the pace. A signed release generally ends the claim for those injuries, so the claim is usually valued only after the treating doctors can estimate future care. Our article on how long a Texas injury case can run walks through the sequence, and our car accident FAQ for Houston drivers answers common timing questions. Claims can take longer when two policies are involved. The losses a claim can include are listed in our article on types of damages.
Comparative fault can also change the outcome. Our article on how Texas courts apportion responsibility is the starting point, and our wrongful death suits page applies if a passenger or driver was killed.
Frequently asked questions
How to report an Uber accident?
Call 911 if anyone is hurt, get medical care, and get a police report. Ask the driver to report the crash through the driver app, which Uber’s insurance page describes as the easiest route. Keep your own record of the trip, including the receipt, times and addresses, and any screenshots of the ride status.
Can you sue Uber for an accident?
Sometimes. Whether the company’s policy applies depends on the driver’s app status at the moment of the crash, the policy wording and the facts. Texas Insurance Code chapter 1954 sets minimum coverage for each app stage, and counsel should review which stage applies before any claim is made against the company.
Who is liable in an Uber accident?
Liability can rest with the driver, another driver whose negligence caused the crash, or a manufacturer if a vehicle defect contributed. Whether the company is responsible depends on the app stage, the policy and Texas law. Each potentially liable party should be identified before a claim is filed.
Can you sue Lyft for an accident?
Possibly. The chapter 1954 framework covers transportation network companies generally, so the app stage, the policy in force and the facts decide which coverage responds. A claim against Lyft is evaluated the same way as one against Uber, with the company’s own policy terms checked.
What happens if your Uber gets into an accident?
The passenger should get medical care, report the crash, and keep the trip record. The driver’s personal policy and the company’s policy may both be relevant, depending on whether the app was off, logged on or on a trip. Each policy must be checked for exclusions and limits before a settlement is discussed.
What to do after Uber accident?
Seek medical care first, then call the police and ask for a report number. Keep the receipt, photographs of the scene and your injuries, and the names of any witnesses. Do not sign a release or give a recorded statement to an insurer until you know which coverage applies and what it pays.
Our article on accidents with an Uber driver in Houston addresses the case where the driver is the other party. The Houston personal injury attorneys page lists the practice areas, and our piece on preparing for a consultation with a Houston auto accident attorney is a good place to start. Fee questions are handled in our article on how much an accident lawyer charges. Screenshot the trip receipt and the app’s trip history before they scroll away, since they show the status at the moment of impact, then use the contact page to ask which policy should be checked first.
About the authors
Sam A. Maida, Jr.
Owner and Managing Attorney
Sam A. Maida, Jr. has represented injured Texans in the greater Houston area since the firm opened in 1993.
State Bar of TexasAvvoMartindale-HubbellLawLinkThatCarHitMeLinkedIn
Bernard G. Johnson III
Litigation Managing Attorney
Bernard G. Johnson III is a board certified trial lawyer licensed in Texas since 1996 and a graduate of South Texas College of Law.