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At Scott Callahan & Associates, we fight every day to help injured Texans get the compensation they deserve. That’s why we want to let you know about a new bill—Texas House Bill 4806 (HB 4806)—that could seriously affect your rights if you’re ever hurt in an accident.
What Is HB4806?
HB 4806 is a proposed law in Texas that would make it harder for people who’ve been injured to get fully compensated for things like medical bills, pain and suffering, and other losses. It’s backed by insurance companies and large corporations that want to limit how much they have to pay when someone gets hurt.
Why This Matters to You
Here’s how this bill could hurt injury victims:
Limits on Medical Bill Compensation
Right now, if you’re hurt and you sue, you can ask for the full amount of your medical bills—even if insurance helped cover some of them. HB 4806 wants to change that. Under this bill, you could only get back what your insurance company actually paid, not what you were charged.
- What this means: If you don’t have insurance or go to a more expensive doctor, you might not be able to recover all your costs—even if the accident wasn’t your fault.
Caps on Pain and Suffering
HB 4806 also wants to put a limit on what you can receive for pain, mental distress, or loss of enjoyment of life.
- For example, in a wrongful death case, it would cap emotional damages at $1 million—no matter how devastating the loss.
- In other injury cases, it limits what you can get to either three times your medical bills or $100,000 per year of your life expectancy, whichever is less.
- Why this is bad: These types of damages are often the most meaningful for victims who suffer life-altering injuries or trauma—and this bill would put a hard limit on them.
Harder to Prove Your Case
The bill also wants to make it tougher to show your medical costs in court and could even make it easier for the other side to argue that you were partly at fault—even if you weren’t.
- Bottom line: This could make it much harder to win your case or get a fair amount of money to cover your losses.
Who Benefits from HB 4806?
Not everyday Texans. Insurance companies and large corporations are the big winners here. They get to pay out less, while injury victims are left struggling to cover medical bills and move forward with their lives.
What Can You Do About It?
Share this with family and friends, especially those who’ve been hurt in accidents or rely on personal injury claims for justice.
Ridesharing has become an everyday part of life for millions of people, with services like Uber and Lyft offering convenient, affordable transportation. However, like any form of travel, ridesharing comes with its own set of risks. Accidents can happen, and when they do, navigating the claims process can be overwhelming, especially if you’re unfamiliar with how things work. Whether you’re a passenger, driver, or third party involved in a rideshare accident, understanding the claims process is crucial for securing the compensation you deserve.
In this blog, we’ll break down how to file a claim for an Uber accident and offer practical tips to help you through the process.
What Do I Do Immediately After an Uber Accident?
The moments immediately following an accident are critical, and taking the right steps can help your claims process later on.
- Seek Medical Attention: Your health and safety are the top priority. Even if you feel okay, it’s important to see a doctor, as some injuries may not be immediately apparent.
- Call 911 to report the accident. Having a police report is crucial for any insurance claim or legal proceedings.
- Document the Scene: Take pictures of the accident scene, vehicle damage, and any visible injuries. If possible, collect contact information from any witnesses.
- Exchange Information: Be sure to exchange information with the driver, including their name, phone number, rideshare company, license plate number, and insurance details.
Filing an Uber Accident Insurance Claim
One of the first things you’ll need to do after an accident is file an insurance claim. Uber has their own insurance policies that differ from traditional car insurance.
- Rideshare Driver Insurance Coverage: Uber drivers typically have their own personal car insurance. However, Uber provides additional coverage through a company insurance policy depending on the circumstances of the accident:
- App Off (No Ride in Progress): If the driver was not logged into the app or had no passenger, their personal insurance will cover the accident.
- App On (Waiting for a Ride): If the driver is logged into the app but not yet on the way to pick up a passenger, the rideshare company provides liability coverage, typically up to $50,000 per person for bodily injury and $100,000 per accident.
- Passenger in the Car: If the driver is actively transporting a passenger, Uber or Lyft’s full commercial insurance policy covers the accident, including liability, bodily injury, and property damage.
- Filing the Claim: Whether you’re the passenger or another driver involved, you’ll need to file a claim with the relevant insurance provider. This may involve the rideshare company’s insurance or the driver’s personal insurance, depending on the situation.
Determining Liability in an Uber Accident
One of the most complex aspects of the claims process is determining liability. Depending on the circumstances, different parties may be responsible for the accident:
- The Uber Driver: If the driver’s actions were negligent—such as speeding, running a red light, or texting while driving—they may be liable for the accident.
- Another Driver: If another motorist caused the accident, their insurance may be liable for the damages.
- The Rideshare Company: In some cases, Uber itself may be liable, particularly if the driver was using the app when the accident occurred. Uber typically provides insurance for their drivers, but there are restrictions on coverage depending on whether the driver was actively transporting a passenger at the time of the accident.
Seeking Compensation for Injuries and Damages
Once you’ve determined the appropriate insurance provider, it’s time to file for compensation. The damages you may be able to claim include:
- Medical Expenses: This includes any medical bills, surgeries, rehabilitation costs, or ongoing treatment related to injuries sustained in the accident.
- Lost Wages: If the accident caused you to miss work, you may be entitled to compensation for lost income.
- Pain and Suffering: If the accident caused you emotional distress or long-term pain, you could be compensated for these damages.
- Property Damage: If your property—such as your vehicle—was damaged in the accident, you can seek compensation for repairs or replacement.
Understanding the Time Frame for Filing a Claim
There are strict deadlines for filing insurance claims and personal injury lawsuits. These are governed by state laws, and failing to file within the specified period can result in losing your right to compensation. In Texas, you have two years from the date of the accident to file a claim but it’s essential to start the process as soon as possible.
What If the Uber Driver Doesn’t Have Insurance?
In some cases, you may encounter situations where the driver does not have adequate insurance. Fortunately, both Uber and Lyft provide uninsured/underinsured motorist coverage. If you’re unable to recover sufficient compensation through the driver’s insurance, the rideshare company’s insurance policy may cover the gap.
Common Challenges in Uber Accident Claims
There are a few hurdles that can make rideshare accident claims more complicated than traditional car accidents:
- Multiple Insurers Involved: Because the accident may involve Uber’s insurance and multiple personal insurers, dealing with different parties can slow down the process.
- Determining Fault: If there are disputes about who is at fault, it can take time to resolve the claim, especially if there are multiple liable parties.
- Defining Coverage Limits: Uber insurance policies often have different coverage limits depending on whether the driver was actively transporting a passenger or just waiting for a ride request. This can complicate the amount of compensation you’re entitled to receive.
A Katy Uber Accident Lawyer Can Help
While some people may feel comfortable handling their own claims, the complexity of rideshare accident claims often makes it worthwhile to consult with a personal injury lawyer. A lawyer can help you understand your rights, gather necessary evidence, negotiate with insurance companies, and represent you in court if needed. They can also ensure that you’re pursuing all available avenues for compensation.
Attorney Scott Callahan is board-certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a distinction earned by less than 10% of lawyers in Texas. He has over 25 years of experience in helping victims earn the money they need to heal and move on with their lives. Give the firm a call today for a free legal consultation at 713-888-9000.
Workplace injuries can happen to anyone, and when they do, it’s crucial to know the right steps to take—especially in Texas, where the rules and regulations can differ from other states. Your actions after the injury can make a big difference in your recovery and your ability to receive the benefits you’re entitled to.
Report the Injury to Your Employer Immediately
The first thing you should do after any workplace injury is to report it to your employer. In Texas, the law requires that you report any work-related injury within 30 days. If you fail to report the injury within this timeframe, you could lose your right to workers’ compensation benefits.
Follow your company’s procedures for reporting injuries. This may involve filling out a formal accident report, notifying your supervisor, or telling the human resources department.
Seek Medical Attention Right Away
After reporting the injury, the next step is to seek medical care. Even if your injury seems minor, it’s always a good idea to get checked by a healthcare professional. Some injuries may not show symptoms immediately but can worsen over time.
- Choosing a Doctor: In Texas, you are entitled to seek treatment from a healthcare provider of your choice unless your employer has a workers’ compensation insurance policy that requires you to visit a specific network of healthcare providers. If your employer is a part of the Texas workers’ comp system, they may direct you to a network of doctors.
- Follow Medical Advice: Follow all instructions from your doctor, attend follow-up appointments, and take medications or therapies as prescribed.
- Medical Records: Keep track of all medical visits, diagnoses, treatments, prescriptions, and follow-up care. Make sure to document any changes in your condition or complications related to the injury.
- Work Impact: Track how the injury is affecting your ability to perform your job duties, as well as any missed workdays. If you’re put on light duty or temporarily reassigned, keep a record of the changes.
Stay in Communication with Your Employer
In Texas, open communication with your employer is crucial. Notify them regularly about your recovery progress and keep them informed about any work restrictions or medical treatments.
- Light Duty Work: If your injury allows for it, ask about returning to work on light duty while you recover. Texas law encourages employers to provide light duty or modified work if possible, so you can return to the workplace sooner without exacerbating your injury.
- Job Protection: While Texas law doesn’t have the same strict job protection for injured workers as some other states, you are still entitled to take the necessary time off to recover. Ensure that your employer knows how long you may need and discuss any accommodations that could be made.
Know When to Get Legal Help
If your employer does not carry workers’ compensation insurance, you may need to pursue a personal injury lawsuit against your employer.
Take Care of Your Recovery
Finally, remember that your health and recovery come first. Injuries can take time to heal, and pushing yourself too soon may lead to longer-term complications. Follow your doctor’s orders, attend physical therapy if necessary, and give yourself time to rest and heal.
- Mental Health: Don’t forget to take care of your mental well-being during your recovery. It can be frustrating and stressful, especially if you’re unable to work. Reach out to family, friends, or a counselor for support.
A Katy Work Injuries Lawyer Can Help
Experiencing a workplace injury in Texas can be overwhelming, but understanding the right steps to take can help make the process smoother.
Attorney Scott Callahan is board-certified in personal injury law by the Texas Board of Specialization and has handled many work injury cases throughout his almost 30 years in practice. Give the firm a call today to discuss your potential work injury case at 713-888-9000.
