July 2020

Do I still have a case if the police didn’t make a report on my car wreck?

Many people involved in motor vehicle collisions may not have police or accident reports documenting the specifics of the wreck. Sometimes it could be because the wreck was not reported and the police were never called. Other times, the police may have been called but simply did not respond. Law enforcement agencies often lack the resources to respond to each and every car wreck that occurs in their jurisdiction. More and more police agencies are putting policies into place that do not require them to respond to what the agency deems a “minor” wreck. The problem is that sometimes a wreck that law enforcement deems “minor” may actually have major long-term consequences (and injuries) for the individuals involved.

What can I do if the police never made a report of my accident?

If you are involved in one of these types of wrecks, and there was no accident report filed with the police, you can still have a valid personal injury case. Regardless of the reason, you may find that you do have a legitimate case and still need to file a personal injury lawsuit to be fairly compensated for your injuries. Having a police report can be an advantage when filing a personal injury lawsuit, but even without one it is possible to file and win your case.

Other Ways to Investigate

Police reports are helpful because they provide the parties and the court with relevant facts about the accident based on the observations of unbiased law enforcement officers. But, police officers are not the only people who can provide evidence demonstrating that the other party was negligent. A private investigator can help too.

When necessary, our personal injury attorneys work with private investigators to collect evidence about cases, find and contact witnesses, and gather information to determine which party was at fault in an accident. You will not be required to pay for these services up front. The cost for these services will most likely be presented as an expense that will be deducted from the total sum of your award or settlement.

Other Sources of Information

In addition to an accident report as well as witness testimony, other documents and materials can also be gathered as evidence of your injuries and their cost. These include medical records, videos, photos and other relevant documents. Your attorney can help you obtain these records and reports during the investigation and discovery stage of your case. These documents can help to build up a solid evidentiary basis for your case that your attorney will use to negotiate a settlement or represent you in court.

Your Own Statement

You are most often your best witness. You were present when the wreck occurred and personally went through it. It is always in your best interest to first provide an account of what happened to your attorney directly. Communications between an attorney and client are confidential, so before speaking with anyone about your case you should consult with your attorney regarding what you should or should not disclose and to whom. It is best to retain one of our attorneys so that we can speak confidentially about your case and determine the best course of action to proceed.

Ultimately, it is important to put together an accurate and coherent account of what occurred. Being injured in an accident is almost always a very emotional experience. Your attorney can help you establish a timeline of the events that is logical and provides a clear picture of how the accident happened and the injuries that resulted from it. This can be very similar to the type of narrative that the police would provide if they had written a report.

If you were seriously injured in a motor vehicle collision, and there is no police report, don’t worry. You may still have a very valid case for which fair recovery for your injuries can be obtained. Our experienced motor vehicle accident lawyers can help you determine the best course of action in these situations.

Rideshare companies like Lyft and Uber have risen to prominence over the last several years, grabbing a sizable market share from traditional taxi cab and town car companies. Additionally, there has been a surge in food delivery services (like DoorDash) and contract delivery drivers for Amazon. With more and more of these companies offering rides and deliveries from their part-time drivers, we are also seeing accidents involving the drivers for these companies. These accidents can sometimes have confusing liability issues that accompany them. It is important to know how to proceed and what you are entitled to if you are involved in an accident with a rideshare driver, as a passenger or another driver.

Can You Sue the Rideshare company? Who is Liable in a Lyft or Uber Accident?

As with most legal questions, the answer is, it depends. Liability for an Uber or Lyft accident will depend upon whether the driver is logged on to his rideshare company's app, and if so, whether the driver is waiting for a ride request or actively giving a ride or making a delivery. The Texas Insurance Code Chapter 1954 requires rideshare drivers to carry specific insurance policies that provide coverage regardless of their activity, so you will need to ascertain a few facts before you determine your course of action.

Was the Driver Logged on to the Rideshare App?

If the driver was NOT logged onto the ridesharing app, then the driver's personal insurance will be responsible for covering the driver in the event of an accident. There generally will not be any ramifications for the rideshare company, and no real reason to pursue any claims against them. Of course, we would need many more facts to determine the exact course of action. If the driver is logged on to the rideshare app, you will need to determine whether they are in-between rides, or actively participating in a ride.

Was the Driver in-between Rides When the Accident Happened?

This is the largest gray area in the new insurance law. While coverage is required, there is no requirement regarding who must cover the driver. Many insurance companies exclude coverage on drivers using their personal vehicles for ridesharing purposes, and rideshare companies are hesitant to provide the additional coverage since they are not required to by law. Ridesharedashboard.com lays out the coverage options in Texas, pointing out that currently, only GEICO and Farmer's offer coverage to both Uber and Lyft drivers, while MetLife will cover Lyft drivers only, and Allstate is currently working on their rideshare policy.

Nonetheless, the Texas Insurance Code Sec. 1954.052 requires rideshare drivers to be covered by a 50/100/25 policy. This means that they must be covered up to $50,000 for bodily injury or death of each person in an incident, $100,000 for bodily injury or death of a person per incident, and $25,000 for damage or destruction of property of others. This is a higher level of coverage than the standard 30/60/25 policy required for Texas drivers. This should not be an issue as drivers are required to notify their insurance provider if they are driving for a rideshare company. However, it will be very important to determine who is covering the driver in the event of an accident. Fortunately, there is a safeguard in Sec. 1954.054 that requires the rideshare company to cover claims in the event the driver's policy has lapsed or does not cover the claim. If you find yourself in this situation, please get as much information from the driver as possible and contact an attorney immediately.

For driver's logged onto the rideshare app but currently in-between rides:

• Uber Provides: 50/100/25 coverage for its drivers and can supplement the personal policy
• Lyft Provides: 50/100/25 coverage in the event a driver's personal policy does not cover this much.

Was the Lyft or Uber Driver Engaged in a Ride?

The term "engaged in a ride" can mean two things: either the driver was on his way to pick up a passenger, or the driver currently had a passenger in the car. If the driver involved in the accident was currently engaged in a ride, that driver MUST be covered by a $1 million coverage policy according to Texas law. Recent legislative action in many states has pushed for this coverage, influencing these companies to adopt these insurance policies. Should you be involved in an accident with an engaged rideshare driver, whether as passenger or third party, this insurance should provide coverage for damages caused by the driver.

For drivers "engaged in a ride:"

• Uber Provides:
  • $1 million coverage for damages caused by driver
  • $1 million coverage for damage done by an under/uninsured motorist
  • Supplemental coverage for collision and comprehensive personal policies
  • These will cover the rider if a rider is in the car with the Uber driver

• Lyft Provides:
  • Lyft will take over as primary provider
  • $1 million coverage for damages caused by driver
  • $1 million coverage for damage done by an under/uninsured motorist
  • Supplemental coverage for collision and comprehensive personal policies

What Should You Do if You are Involved in an Accident with a Rideshare Driver?

1. Get to a safe place and call 911. Safety and health are the first priority.
2. Take pictures of the accident and surroundings.
3. Get the names, phone numbers, addresses of everyone involved and any witnesses.
4. Get the name of the rideshare driver, determine whether they were logged on to the rideshare app, whether he/she was engaged in a ride, and get a picture of the insurance policy
   • Under Sec. 1954.056b, the drivers are required to provide this information in the case of an accident
   • If you are the passenger of a rideshare when the accident occurs, screenshot the app on your phone

5. Call your attorney.

 

To review companies' insurance policies, click on their Logo below: