If you’ve been in a rideshare accident in El Paso, figuring out how your medical bills will be paid is crucial. Whether you’re a passenger, another driver, or even a pedestrian, understanding who is responsible for covering your medical expenses is key to recovering without financial stress. This guide will help clarify who may pay for your medical care after a rideshare accident, including insurance details and legal rights you should be aware of.
Understanding Rideshare Insurance: What Coverage Do You Have? 
Rideshare drivers in El Paso are typically insured through Uber or Lyft, but the level of coverage may vary depending on when the accident occurred. Rideshare insurance is different from personal car insurance, so it’s important to understand how it works.
- When You’re a Passenger: When you’re riding in a rideshare vehicle, the driver is covered by the rideshare company’s insurance while actively driving. This should include liability and medical coverage for you as the passenger if the driver is at fault in the accident. The amount of coverage varies by whether the driver is actively picking up or dropping off passengers, or if they are between rides.
- Rideshare Coverage in Different Phases: Rideshare insurance comes in three phases:
- Offline/Idle Phase: When the driver is not working, their personal insurance should apply.
- App-On, But No Passenger Phase: This is when the driver has the app on but is waiting for a ride request. Uber and Lyft provide some liability insurance, but it may not be sufficient for your medical costs if you’re injured.
- Passenger Phase (Ride in Progress): When the driver has accepted a ride and is transporting passengers, the rideshare insurance fully covers any medical expenses and liability for injuries sustained during the trip.
Enrique Chavez
Texas Trial Attorney
Protecting Your Rights
When You’re Not a Passenger: Your Rights as a Driver or Pedestrian
Even if you weren’t riding in the rideshare vehicle, you still have legal rights to seek compensation for medical expenses if you were injured in an accident caused by a rideshare driver.
- What Happens if the Rideshare Driver Is at Fault? If the rideshare driver is at fault, their liability insurance should cover your medical expenses. However, the process of getting this compensation can be complex and may require proving that the rideshare driver was negligent in some way.
- Personal Health Insurance: If you were involved in a rideshare accident but the rideshare insurance does not cover your medical expenses, your personal health insurance can step in. This is where having solid health coverage, including Personal Injury Protection (PIP), can be useful. If the other party has inadequate insurance, your health insurance can fill in the gaps.
- Uninsured or Underinsured Motorist Coverage: If the rideshare driver has no insurance, or if their insurance is insufficient to cover the costs of your injuries, you can use your own uninsured or underinsured motorist coverage. This coverage is part of most personal auto policies and can provide the additional protection you need.
– Steve Hendrix
– Adriana Solis
– Luis Amador
– Maria Terrazas
The Importance of Personal Injury Protection (PIP) Coverage
Texas allows drivers to opt for Personal Injury Protection (PIP) coverage as part of their auto insurance. PIP coverage is an essential option for anyone involved in an accident, including those in rideshare accidents. Here’s how PIP helps:
- Immediate Coverage: PIP coverage is designed to pay for medical bills and lost wages, regardless of who was at fault in the accident. This means that even if the rideshare driver is at fault or uninsured, your own PIP coverage can help cover your expenses.
- Quick Access to Funds: Unlike other types of insurance that require waiting for claims to be processed, PIP gives you access to immediate medical treatment without needing to worry about delays in fault determination or claims processing.
Navigating Claims for Compensation: What You Need to Know
After a rideshare accident, handling the claims process can be complicated. Here are some essential steps to take when seeking compensation for your medical expenses:
- Seek Medical Attention Right Away: No matter how minor your injuries may seem, always seek medical attention immediately. Not only will this ensure that you get the care you need, but it also creates a medical record of your injuries, which is vital when pursuing compensation.
- Document Everything: Gather evidence at the scene of the accident, including photos of the scene, the vehicles involved, and any injuries. Obtain contact information for witnesses and the rideshare driver. This documentation will help support your claim and prove that the rideshare driver was at fault.
- Notify Your Insurance Company: If you have PIP or uninsured/underinsured motorist coverage, contact your insurance company to start the claims process. Notify them of the accident, even if the rideshare driver’s insurance may be involved.
- Consult an Experienced Attorney: Rideshare insurance claims can be complex, especially when dealing with multiple parties involved. An attorney specializing in personal injury can guide you through the process and ensure that your rights are protected.
Comparative Fault in Texas: How It Affects Your Claim
Texas follows a “comparative fault” rule, which means that if you are partially at fault for the accident, your compensation may be reduced by the percentage of fault attributed to you. This rule applies even if you were a passenger in the rideshare vehicle.
- Example: If you were injured while not wearing your seatbelt in the rideshare vehicle, and it’s determined that your injuries would have been less severe if you had been wearing a seatbelt, you may be found partially at fault. In this case, your compensation would be reduced by the percentage of fault assigned to you.
Understanding how comparative fault works is crucial when pursuing a claim after a rideshare accident. Your attorney can help ensure that the fault is accurately assessed and that your compensation reflects the extent of your injuries.
Steps to Take Immediately After a Rideshare Accident
If you’re involved in a rideshare accident in El Paso, there are several immediate steps you need to take to ensure that your medical bills are covered and that your claim is handled properly:
- Call Emergency Services: Always contact the police and medical personnel after an accident. Having an official report will help with your insurance claim.
- Don’t Leave the Scene: Never leave the scene of the accident until it’s appropriate to do so. You may need to provide statements or exchange information with the other party involved.
- Take Photos and Gather Information: Capture photos of the scene, the rideshare vehicle, your injuries, and the surrounding area. This will serve as valuable evidence in your case.
- Consult with a Personal Injury Attorney: It’s crucial to consult with an attorney as soon as possible. They can help you understand the legal process and ensure that you are getting the compensation you deserve.
Seeking Legal Help to Maximize Your Compensation
Rideshare accident claims often involve complicated insurance coverage, multiple parties, and varying levels of liability. An experienced personal injury attorney at Chavez Law Firm can help you:
- Navigate the complex insurance claims process
- Protect your rights as an injured party
- Ensure that your medical bills are fully covered
- Maximize the amount of compensation you receive for your injuries
After a rideshare accident, knowing who will cover your medical bills can make all the difference. From rideshare insurance to personal health insurance and PIP coverage, there are several avenues for seeking compensation. If you’re unsure about your options or need help with the claims process, Chavez Law Firm is here to help. Our experienced attorneys can guide you through every step and ensure that your medical bills and other expenses are covered, so you can focus on recovering from your injuries.
For more information or to schedule a free consultation, contact Chavez Law Firm today.