Can I Sue an Uber Driver in Texas?

Amaro Law Firm > Rideshare Accident Lawyer in Texas > Can I Sue an Uber Driver in Texas?

Texas Uber Accident Attorneys Serving Houston, Dallas, Austin, San Antonio, and All of Texas

You were riding in an Uber when it crashed. Or you were in the car the Uber hit. Or you were a pedestrian, a cyclist, or another driver — and now you’re stuck with medical bills, time off work, and an insurance company telling you the claim isn’t their problem. The first question most people ask is the most important one: can I actually sue the Uber driver?

The short answer is yes — in most Texas Uber crash cases, you can sue the Uber driver personally, and depending on the driver’s app status at the time of the crash, Uber’s $1 million commercial insurance policy may also be on the hook. The longer answer depends on three things: who was at fault, what the driver was doing in the app, and which insurance policy applies to your situation.

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The Reality of an Uber Crash Claim in Texas

Most people assume an Uber crash works like a regular car accident. It doesn’t. By the time you’re searching for answers, three things are already happening behind the scenes:

The Uber driver’s personal auto insurer is reviewing the claim — and almost always denying it on the grounds that the driver was engaged in a commercial activity.
Uber’s commercial insurance carrier is investigating the driver’s app status to figure out whether they have to pay anything at all.
Both insurers are looking for a reason to push the claim onto the other one, leaving you in the middle while medical bills pile up.

This is why Uber crash victims in Texas often need to consider suing the driver, Uber’s insurer, or both. Filing a lawsuit isn’t the goal — it’s the leverage that gets a fair settlement.

When Can You Sue an Uber Driver in Texas?

You generally have the right to sue an Uber driver after a Texas crash when all three of the following are true:

The Uber driver was at least partially at fault for causing the crash.
You suffered measurable damages — medical bills, lost wages, vehicle damage, pain and suffering, or other quantifiable harm.
The available insurance won’t fully cover your losses, or the insurers are wrongfully denying or undervaluing your claim.

You do not have to be an Uber passenger to sue. Drivers of other vehicles, pedestrians, cyclists, and motorcyclists hit by an Uber driver all have the same right to file a personal injury lawsuit under Texas law.

How to Know If the Uber Driver Was at Fault

Before you can sue, fault has to be established. Some signs of fault are obvious — others require investigation. Common indicators that the Uber driver was at fault include:

The driver was issued a traffic citation at the scene
The driver admitted fault verbally or in writing
The driver was arrested for DWI or another offense
The police report identifies the Uber driver as the at-fault party
Witness statements place fault on the Uber driver
Dashcam, traffic camera, or surveillance footage shows the violation
Phone records show the driver was using the app or texting at the time

If fault is unclear or disputed, an experienced Texas Uber accident attorney can investigate, subpoena records, retrieve Uber’s app data, and reconstruct the crash. Texas follows a modified comparative fault rule — if you’re found 50% or less at fault, you can still recover damages, with your award reduced by your percentage of fault.

Which Insurance Policy Covers an Uber Crash?

This is where most Uber accident claims live or die. Texas law (Chapter 1954 of the Texas Insurance Code) requires Uber and its drivers to carry insurance coverage that varies based on what the driver was doing in the app at the moment of the crash. Uber breaks this down into three coverage periods, plus an “offline” period.

Period 0 — App Off (Driver Offline)

The Uber app is closed. The driver is not working. Only the driver’s personal auto insurance applies. Uber provides zero coverage. If the driver carries only the Texas minimum ($30,000 per person / $60,000 per accident / $25,000 property damage), serious injury claims will quickly exceed those limits.

Period 1 — App On, Waiting for a Ride Request

The driver is logged in and waiting for a ride request but has not accepted one. Texas law requires the driver to carry — or Uber to provide as contingent coverage:

$50,000 per person for bodily injury
$100,000 per accident for bodily injury
$25,000 for property damage

This is the most contested period. Personal auto insurers often deny coverage because the driver was working. Uber’s insurer often denies coverage because the driver hadn’t accepted a ride. Victims get stuck in the gap.

Period 2 — Ride Accepted, En Route to Passenger

The driver has accepted a ride and is on the way to pick up the passenger. Uber’s full $1 million commercial liability policy applies, along with $1 million in uninsured/underinsured motorist (UM/UIM) coverage through Uber’s commercial carrier.

Period 3 — Passenger in the Vehicle

The passenger is in the car until drop-off. The full $1 million commercial liability policy continues to apply, along with $1 million UM/UIM coverage and contingent comprehensive/collision for the driver’s vehicle.

The single most important fact in your case is what the driver’s app status was at the time of the crash. We’ll explain why this matters for your situation during your free consultation, and how we use Uber’s app data to prove it.

Common Uber Accident Scenarios in Texas

Most Uber claims we handle fall into one of these patterns. If your situation looks like one of these, you likely have a viable case.

Passenger Injured in an Uber

You were a paying Uber passenger when the driver — or another vehicle — caused a crash. Period 3 applies. Uber’s $1 million policy is in play, and as a passenger you have one of the cleanest paths to recovery in Texas rideshare law.

Another Driver Hit by an Uber

You were driving your own car when an Uber driver ran a light, made an unsafe lane change, or rear-ended you. Coverage depends entirely on the driver’s app status. We pull app records to determine whether Uber’s $1 million policy or only the driver’s personal policy is on the hook.

Pedestrian or Cyclist Hit by an Uber

You were walking, riding a bike, or crossing the street when an Uber struck you. These cases often involve serious injuries, and the same period analysis applies.

Hit-and-Run by an Uber Driver

The Uber driver fled the scene. App data, phone records, and dashcam footage often allow us to identify the driver. If they were transporting a rider at the time, Uber’s $1 million UM/UIM policy may also apply.

Crash Caused by an Uninsured Third Party While You Were in an Uber

Another driver hit your Uber and fled, or the at-fault driver had no insurance. Uber’s $1 million UM/UIM coverage may apply. Read our full breakdown of Uber’s UM/UIM coverage in Texas →

What Happens If the Uber Driver Has Minimal or No Insurance?

Uber requires drivers to carry personal auto insurance that meets at least Texas minimums. Many carry exactly that — and the Texas minimum ($30,000 per person) is far below what serious injuries actually cost. Worse, some drivers let policies lapse or get dropped for being rideshare drivers without telling Uber.

When the driver’s personal coverage isn’t enough, your recovery options may include:

Suing the Uber driver personally for amounts above their policy limits
Filing a claim against Uber’s $1 million commercial policy if the driver was in Period 2 or Period 3
Filing a UM/UIM claim against Uber’s policy if applicable
Filing a UM/UIM claim against your own auto policy as a secondary recovery source
Pursuing third-party defendants — vehicle owners, employers, bars that overserved a drunk driver, or component manufacturers

Our investigation identifies every recovery source before we file. Multiple insurance policies often stack — and the difference between settling for $25,000 and recovering $1 million often comes down to who you’re suing and which policies you can reach.

Why Suing an Uber Driver in Texas Is More Complicated Than a Regular Car Accident

Uber’s structure is designed to insulate the company from liability. Drivers are independent contractors, not employees. That makes Uber harder to sue directly. The complexity lives in five places:

App status disputes. Uber’s commercial insurance carrier routinely argues the driver was in Period 1 (lower coverage) when they were actually in Period 2. App data must be subpoenaed and analyzed.
Personal vs. commercial insurance fights. Personal insurers deny because of commercial use. Uber’s commercial carrier denies because the driver wasn’t yet on a ride. The victim sits in the middle.
Independent contractor classification. Uber argues it isn’t vicariously liable for driver negligence. Suing Uber directly is possible but hard, and usually requires proving Uber’s own negligence (negligent hiring, dangerous app design, failure to remove an unsafe driver).
Mandatory arbitration clauses. Uber’s terms of service include arbitration agreements that may restrict passengers from suing in court. These are heavily contested and often have exceptions for personal injury.
Texas statute of limitations. You generally have two years from the date of the crash to file suit in Texas. Evidence from app data, dashcams, and traffic cameras disappears fast — waiting is the most common mistake we see.

Generic personal injury attorneys often miss these issues. Uber accident cases require attorneys who specifically understand TNC (Transportation Network Company) law, the tactics rideshare insurance carriers use to deny claims, and Uber’s app data preservation requirements.

What Compensation Can I Recover by Suing an Uber Driver?

Texas law allows recovery of three categories of damages in an Uber accident lawsuit:

Economic Damages

Past and future medical expenses
Past and future lost wages
Loss of earning capacity
Vehicle repair or replacement costs
Rehabilitation, therapy, and assistive equipment
Out-of-pocket expenses related to the crash

Non-Economic Damages

Physical pain and suffering
Mental anguish and emotional distress
Disfigurement and physical impairment
Loss of enjoyment of life
Loss of consortium

Exemplary (Punitive) Damages

Available in cases of gross negligence — for example, if the Uber driver was intoxicated, racing, or deliberately reckless. Subject to caps under Chapter 41 of the Texas Civil Practice & Remedies Code.

If a loved one was killed in an Uber crash, eligible family members may file a wrongful death claim under Texas law.

What People Worry About Before Calling an Uber Accident Lawyer

“Will Uber retaliate against the driver if I sue?”

You’re not suing Uber’s reputation — you’re filing an insurance claim. Uber drivers carry insurance precisely so claims can be paid. Suing the at-fault driver is the standard, expected process after any car crash.

“What if the driver is a friend, family member, or someone I know?”

The lawsuit is functionally against their insurance company, not their personal finances (unless damages exceed all available coverage). Most people understand that recovering medical bills isn’t a personal attack.

“How long do I have to sue?”

Texas’s statute of limitations for personal injury is generally two years from the date of the crash. Some Uber-specific evidence — like app logs and certain dashcam data — has shorter preservation windows. Acting quickly preserves your options.

“Can I afford a lawyer for an Uber accident case?”

Yes. We work on a contingency fee basis — no upfront cost, no hourly billing, no out-of-pocket expense for case investigation. If we don’t recover compensation, you owe us nothing.

“Do I have to go to court?”

Most Uber accident cases settle before trial. Filing a lawsuit is often what triggers a fair settlement offer. We prepare every case as if it’s going to a jury — that’s exactly what motivates strong settlements.

“Do you only handle Uber cases in Houston?”

No. We represent rideshare accident victims across Texas, with offices in Houston, Dallas, Austin, San Antonio, Lakeway, Sugar Land, The Woodlands, and Katy.

How Our Texas Uber Accident Attorneys Build Your Case

An Uber accident case is built — not filed. Here’s what our investigation looks like:

App data preservation. We send immediate preservation letters to Uber and its commercial insurance carrier to lock down driver app status, GPS data, ride history, and acceptance/dropoff timestamps.
Insurance policy mapping. We identify every applicable policy — driver’s personal, Uber’s commercial, third-party drivers, and your own UM/UIM coverage.
Period analysis. We establish exactly what period the driver was in at the moment of impact, because the difference between Period 1 and Period 2 can be the difference between $50,000 and $1 million in coverage.
Evidence collection. Police reports, dashcam footage, traffic camera footage, phone records, witness statements, and medical records.
Damages workup. We engage life-care planners and economists when needed to project the full lifetime cost of serious injuries.
Negotiation and litigation. We negotiate hard, and when an Uber commercial carrier or personal auto insurer won’t pay fairly, we file suit. Filing a lawsuit is often what produces the settlement.

Frequently Asked Questions

Can I sue an Uber driver in Texas?

Yes. In most Texas Uber crash cases, you can sue the Uber driver personally if they were at fault, you suffered damages, and the available insurance won’t fully cover your losses. You can sue whether you were a passenger, another driver, a pedestrian, or a cyclist.

Can I sue Uber directly, or just the driver?

Suing Uber directly is more difficult because Uber classifies its drivers as independent contractors, which limits vicarious liability. However, Uber can sometimes be held liable for its own negligence — including negligent hiring, retention of unsafe drivers, or failure to act on prior complaints. Most Uber cases focus on the driver and Uber’s commercial insurance policy rather than Uber the company.

What insurance covers an Uber accident in Texas?

It depends on the driver’s app status. If the driver was offline, only their personal auto policy applies. If they were waiting for a ride (Period 1), lower limits apply. If they had accepted a ride or had a passenger (Periods 2 and 3), Uber’s $1 million commercial liability policy and $1 million UM/UIM policy apply through James River Insurance Company.

How long do I have to sue an Uber driver in Texas?

You generally have two years from the date of the crash to file a personal injury lawsuit in Texas under Texas Civil Practice & Remedies Code § 16.003. Wrongful death claims also have a two-year deadline. Acting earlier helps preserve app data, dashcam footage, and witness memories.

What if the Uber driver only has minimum Texas insurance?

If the driver was offline, you may need to look to your own UM/UIM coverage or sue the driver personally for amounts above their policy. If the driver was online and especially if they were on an active trip, Uber’s $1 million commercial policy may apply on top of — or instead of — the driver’s personal coverage.

Can I sue an Uber driver if I was a pedestrian?

Yes. Pedestrians struck by Uber drivers in Texas have the same right to sue as passengers and other motorists. The applicable insurance still depends on the driver’s app status at the time of the crash.

What if the Uber driver was in “Period 1” when they hit me?

Period 1 is the most contested coverage period. The driver’s personal insurer often denies coverage because the driver was working, and Uber’s insurer often denies coverage because the driver hadn’t accepted a ride. An experienced Texas Uber accident attorney can fight both denials, pursue UM/UIM coverage, and look for evidence the driver had actually accepted a ride before the crash.

Does Uber’s arbitration clause prevent me from suing?

Uber’s terms of service include arbitration clauses that may restrict riders from suing in court for some types of disputes. However, these clauses are heavily contested in personal injury cases, and there are exceptions and challenges your attorney can raise. If you’re a non-passenger (another driver, pedestrian, or cyclist), Uber’s terms of service generally don’t apply to you at all.

Don’t Let Insurance Companies Decide Your Case

JRIC and personal auto insurers are not your advocates. The longer you wait, the harder it gets — app data disappears, dashcam footage is overwritten, witnesses become harder to find, and the two-year statute of limitations keeps running.

We offer 100% free, confidential case reviews for Uber accident victims across Texas. We work on contingency, so you pay nothing unless we win.