Q: I need surgery from an accident where I was a passenger in a lyft. I'm told I'm responsible nobody else. Can you help?

A: The driver who slammed into your Lyft is likely ultimately responsible under the facts you describe.

As the provider of a computer app, Lyft is unlikely to have any responsibility.

Unless your Lyft driver is also partly responsible for the collision, that driver is likely not responsible.

I recommend you search for a personal injury attorney who specifically handles “Uber accidents.” Yes, I know Uber and Lyft are separate apps, but Martindale-Hubbell actually defines an area of practice as “Uber accidents” and that has now become the rubric for that particular niche of personal injury law.

A criminal law attorney does not necessarily have experience with personal injury cases, much less this specific niche.

A: The reality is that determining what technically is known as “legal liability” for injuries you sustained while riding in a Lyft carshare can be complicated. With that said, the information that you received there is “nobody you can go after” if you have sustained injuries caused by someone else while riding in a Lyft is not necessarily a true statement.

In all states, including Texas, Lyft advises that the company maintains a $1 million liability policy for injuries sustained to passengers in accidents caused by a driver using the Lyft app. Moreover, according to Lyft, there may also be insurance coverage available to compensate a passenger when an accident is caused by another driver – even in a situation in which that other driver lacks automobile insurance or is underinsured and does not have coverage adequate to cover your injuries, damages, and losses. Lyft advises:

In the event of an accident (between a Lyft Driver) with (another) driver who is uninsured (UM) or underinsured (UIM) and is ultimately at fault for bodily injury caused to you and/or your passengers, our (Lyft’s) UM/UIM coverage will apply (coverage limits vary by state). There is no deductible on our UM/UIM policy.

Based on the facts and circumstances you explain in your question, in Texas it is possible that there may be insurance coverage available to pay at least some of your medical and other expenses through the insurance policy maintained by Lyft. The amount of coverage is likely to be available from Lyft in regard uninsured or underinsured motorist insurance is likely to be $50,000 per person injured under the circumstances you explained in your question.

As an aside, you indicate that your Lyft driver told you that he or she does not have uninsured or underinsured coverage. Unlike many states, Texas does not require drivers to obtain this type of insurance coverage.

As I made mention at the outset, an automobile accident involving a rideshare service like Lyft or Uber can be legally complicated. You would be well served to seek legal assistance from an experienced Texas automobile accident attorney, specifically one who has experience negotiating settlements involving Lyft or Uber.

A typical Texas personal injury attorney does not charge a fee for an initial consultation and case evaluation. In fact, most Texas personal injury lawyers do not charge a fee unless they obtain a favorable settlement or verdict in a specific case.