Totaled by an On-Duty Rideshare Driver in Texas

Attorney Answer

Which policy pays for your truck or car depends on what the rideshare driver was doing in the app at the moment of impact, and that is the first fact to pin down. A rideshare driver in Texas is normally covered by a personal auto policy, by the rideshare company's commercial coverage, or by a layer in between, and the three do not pay the same amounts. Texas has a separate insurance statute for transportation network companies that sets which coverage applies at each app stage. Treat the app-status question as one to put to a lawyer and to the adjusters in writing rather than something to guess about.

What is clear is the floor. Tex. Transp. Code § 601.051 requires financial responsibility for every vehicle operated in Texas, and § 601.072(a-1) sets the minimum liability amounts at $30,000 for bodily injury to one person, $60,000 for two or more, and $25,000 for damage to property in one collision. A total loss can exceed the $25,000 property figure by itself, which is one reason the app-status question matters so much here.

Fault still has to be established. Under Tex. Civ. Prac. & Rem. Code § 33.003 the trier of fact assigns each party a whole-number percentage of responsibility; § 33.001 bars recovery entirely if your share is greater than 50 percent; § 33.012(a) reduces your damages by your share if it is 50 percent or less. A T-bone at an intersection turns on the traffic controls, so Tex. Transp. Code § 545.151(a) is the rule in play: a driver approaching an intersection must obey the official traffic-control device and may proceed only when the intersection can be entered safely without interference or collision.

One point about what "total loss" costs you. Texas law does not limit a total-loss claim to the value of the vehicle. In J & D Towing, LLC v. American Alternative Insurance Corp., 478 S.W.3d 649 (Tex. 2016), the Texas Supreme Court held that loss-of-use damages are recoverable even when a vehicle is totally destroyed, so long as they are foreseeable, traceable to the crash, not speculative, and limited to a reasonable period for replacement. That is a court-made rule, not a statute, so keep the receipts that prove it.

What you can do

1. Report the crash to your own insurer right away, even if you expect the other side to pay, because policies require prompt notice.

2. Ask the adjuster in writing to identify the insurer, the policy, and the driver's app status at the time of the crash, and to confirm the applicable limits. Keep the written answer.

3. Do not let the vehicle be sold, scrapped, or repaired until you have photographs of all four sides, the interior, the odometer, and the damage.

4. Keep every receipt for a rental, a rideshare, or another substitute vehicle, and a written note of the days you were without your car.

5. Ask how the total-loss value was calculated, and request the comparable vehicles the adjuster used.

6. Ask a Texas lawyer which coverage layer applies before you accept a valuation or sign anything. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page.

⏱ Time limits apply. Tex. Civ. Prac. & Rem. Code § 16.003(a) sets two years from the day the cause of action accrues for personal injury and for injury to property. When your period started, and whether your facts affect it, is a question for a Texas attorney reviewing your file. Do not measure it yourself, and do not let coverage arguments run the clock out.