Uber and Lyft both operate in El Paso, and rideshare crashes follow a three-tiered insurance system defined by Texas Insurance Code Chapter 1954 and the Texas Transportation Network Company Act.
The three coverage periods
- Period 0 (app off): Only the driver's personal policy applies
- Period 1 (app on, no ride accepted): TNC contingent liability — $50,000/$100,000/$25,000
- Period 2 (en route to passenger) and Period 3 (passenger in car): TNC primary liability — $1 million combined single limit
If you were hit by a rideshare driver
Determine the period at the time of the crash. Request a copy of the trip log. The rideshare company's insurer (Progressive for Uber, often State Farm for Lyft) typically handles Period 2/3 claims directly.
If you were a rideshare passenger
$1 million coverage applies. You can also claim UM/UIM if the at-fault driver was someone other than your driver and uninsured.
If you were driving for a rideshare service
You need a rideshare endorsement on your personal policy. Without one, Period 0 and Period 1 gaps can leave you exposed. Most Texas insurers offer the endorsement cheaply.
Frequently asked questions
Who pays if an Uber driver hits me?
Depends on the period. Off-app: driver's personal policy. On-app no passenger: $50K/$100K/$25K. With passenger or en route: $1 million.
Do I need a rideshare endorsement?
Yes, if you drive for a TNC. Without one, your personal policy may exclude all rideshare activity, including Period 1.
What if the rideshare driver was off-duty?
Only their personal policy applies. Standard Texas at-fault rules govern.
Can I sue Uber or Lyft directly?
Generally yes, particularly for Period 2/3 crashes where the company's $1M coverage applies.
Does my UM/UIM cover me as a rideshare passenger?
Yes, if the at-fault driver is uninsured. UM/UIM stacks on top of any TNC coverage.
This article is for general information only and is not legal or tax advice. For guidance specific to your situation, talk to a licensed Texas insurance agent. Ready to put it into practice? Get a free quote or request a policy review.