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At the Law Offices of Ruben Ortiz We Offer a Free Initial Consultation, Free Case Evaluation, and Will Only Charge a 25% Contingency Fee When a Case Is Settled or Resolved Without a Lawsuit Being Filed. When someone is robbed, assaulted, or otherwise harmed on another person’s property, the common assumption is that only the criminal bears responsibility. Texas law doesn’t work that way. Property owners owe a legal duty to the people they invite onto their premises, and that duty can include protecting visitors against foreseeable criminal acts. A criminal’s conduct doesn’t automatically erase what the property owner failed to do before the crime occurred. How that duty is defined, what Texas law specifically requires, and how courts evaluate whether a property owner fell short are the questions that determine whether a negligent security claim is viable. At Law Offices of Ruben Ortiz, Ruben Ortiz has been handling Texas personal injury cases since 1998. What follows is the legal framework that applies to these situations in El Paso and across the state. The Legal Duty Texas Property Owners Owe to Visitors Texas premises liability law requires property owners to protect invitees (customers, tenants, and guests on the property with the owner’s permission) against foreseeable dangers. That protection extends to foreseeable criminal acts by third parties when the owner had control over the premises and knew or should have known that criminal activity was a real risk. The duty doesn’t rest only with the person whose name is on the deed. Property managers, landlords, commercial businesses, and security companies that share operational control can each carry a portion of this legal obligation. In a negligent security case, any of these parties may be responsible depending on who had authority over the conditions that contributed to the harm. For residential rental properties, Texas Property Code Chapter 92, Subchapter D goes further than general premises liability principles by setting specific statutory requirements. Under Section 92.153, landlords must install window latches, a doorknob lock or keyed dead bolt on each exterior door, sliding door pin locks, a sliding door handle latch or security bar on each exterior sliding glass door, keyless bolting devices, and door viewers at their own expense and without any written request from the tenant. These aren’t optional amenities. They’re legally required baseline security devices, and a landlord who fails to provide them isn’t just falling short of best practice. They’re violating a specific statutory obligation. How Courts Determine Whether a Crime Was Foreseeable Foreseeability is the central question in most negligent security claims. A property owner can’t be held liable for every random act of violence on their premises, but they can be held liable when prior circumstances should have put them on notice that criminal activity was a genuine risk they were positioned to reduce. Texas courts evaluate foreseeability using five factors drawn from case law, applied together rather than in isolation: Frequency of prior crimes near the property. How often had similar crimes occurred in the vicinity? Proximity of those crimes to the property. Were prior incidents in the parking lot, on adjacent property, or at more distant locations? Publicity of the area’s criminal reputation. Was the neighborhood’s crime problem widely known through news coverage or community awareness? Recency of prior criminal acts. Were the prior incidents recent enough to inform what the owner should have anticipated? Similarity between prior crimes and the incident that caused the injury. A prior robbery does more to foreshadow another robbery than a prior vandalism incident does. A property owner who received tenant complaints about prior break-ins, reviewed police reports for the area, or was aware of a pattern of criminal activity in surrounding blocks can’t escape liability by claiming the crime came without warning. Notice, once established, creates an obligation to act. Crime history records for the specific property and surrounding neighborhood are among the most time-sensitive evidence we seek to gather early in these cases. What Adequate Security Looks Like Under Texas Law For residential properties, Texas Property Code Chapter 92 provides the statutory baseline. For commercial properties, the standard is more fact-specific: courts ask what a reasonable property owner, aware of prior criminal activity at or near the premises, should have done to protect visitors. Common security failures that appear in these cases include the following: Inadequate or absent lighting in parking lots, stairwells, and building entries Nonfunctioning or absent surveillance cameras in areas where criminal activity had previously occurred Broken or missing perimeter fencing that allowed unauthorized access No security personnel at properties where the crime history warranted a guard presence Defective lock systems on doors, gates, or garage access points Property owners who do hire security personnel take on an additional layer of responsibility. If those guards are inadequately trained or were hired without a proper background check, the negligent hiring itself can independently support a claim. The duty isn’t satisfied by placing a warm body at an entrance. It requires that security staff are qualified to perform the function they’re hired for. How Texas Proportionate Responsibility Applies to Negligent Security Victims Texas follows a proportionate responsibility system under Civil Practice and Remedies Code Section 33.001. A claimant whose share of fault reaches 51% or greater recovers nothing. A claimant found to be 50% or less at fault can still recover, but the award is reduced by their fault percentage. If a jury finds a victim 30% at fault and awards $100,000, the net recovery is $70,000. Property owners and their insurers understand this framework well and use it as a defense strategy. They frequently argue that the victim provoked the altercation, was in a restricted area without authorization, or made choices that contributed to the harm. These arguments are designed to push the victim’s fault percentage above the 50% threshold and eliminate liability entirely. This is one reason why evidence preservation in the days immediately after an incident isn’t a formality. It’s the foundation that either supports or undercuts those fault-shifting arguments later. Steps to Take After an Injury Caused by Inadequate Security Texas law gives negligent security victims two years from the date of injury to file a personal injury claim. Missing that deadline typically means forfeiting any right to recover damages, regardless of how strong the underlying case might have been. Within that window, the most time-sensitive issue is evidence. Surveillance systems at commercial properties and apartment complexes often overwrite footage on cycles as short as 72 hours to two weeks. Once that footage is gone, it can’t be recovered. Incident reports filed by property staff and police reports documenting prior crimes at the location also become harder to obtain as time passes. One practical step matters before anything else: don’t give a recorded statement to the property owner’s insurer or their representatives before speaking with an attorney. Those statements are used to build the fault-percentage arguments discussed above. A statement made before you fully understand what happened, who bears responsibility, and what the insurance company is actually trying to accomplish can reduce your recovery or eliminate it entirely. El Paso County civil claims, including negligent security and broader premises liability cases, are filed in the El Paso District Courts. The procedural steps from filing to resolution involve deadlines and discovery obligations that can move quickly once a claim is initiated. If you or a family member was injured on someone else’s property, we offer a free consultation to evaluate what happened, and our no-fees-unless-we-win policy means there’s no financial barrier to getting answers. Reach us at (915) 308-8850.

At the Law Offices of Ruben Ortiz We Offer a Free Initial Consultation, Free Case Evaluation, and Will Only Charge a 25% Contingency Fee When a Case Is Settled or Resolved Without a Lawsuit Being Filed. A crash in an Uber or Lyft in Texas can turn your day upside down in seconds. On top of the pain and disruption, you suddenly face a maze of questions about who will actually pay for your medical care, time off work, and the damage left behind. Uber and Lyft talk a lot about safety, but when you are hurt, getting a straight answer about insurance is much harder than tapping a button on your phone. In El Paso, rideshare vehicles are everywhere, from airport runs on Airway Boulevard to late-night trips along Mesa Street or Paisano Drive. When one of those trips ends in a collision, you are dealing with more than a typical car accident. Rideshare claims can pull in the driver’s personal insurance, Uber or Lyft’s commercial policies, Texas negligence rules, and sometimes even New Mexico law if your ride crosses the state line. If you are already in pain, it can feel like too much to sort out alone. We understand that frustration. At Law Offices of Ruben Ortiz, we have spent decades handling complex injury and insurance matters for people in El Paso and across Texas. Our team is licensed in both Texas and New Mexico, and we routinely help passengers, rideshare drivers, and other motorists figure out which policies apply after an Uber or Lyft crash. In this guide, we want to share the key things we have learned so you can protect yourself and make informed decisions about your claim. Call (915) 308-8850 today to setup a consultation, or contact us online to learn more. Why Uber & Lyft Insurance Works Differently in Texas Uber and Lyft accidents do not follow the same playbook as a typical fender bender on I-10 or Loop 375. When someone gets hurt in a regular crash, the at-fault driver’s auto policy is usually the main source of coverage. With rideshare vehicles, there is another layer. Uber and Lyft provide their own commercial policies for drivers when they are using the app. These policies are separate from, and often much larger than, the driver’s personal coverage. Texas is an at-fault state. That means the driver who is legally responsible for causing the crash generally has to pay for the harm they cause through liability insurance. In a rideshare crash, that at-fault driver might be the Uber or Lyft driver, another vehicle, or sometimes both. The challenge is that which policy pays, and how much, depends heavily on whether the rideshare driver was using the app at the time and what part of the trip they were in. We talk about rideshare insurance in terms of coverage periods. These periods are based on the driver’s app status. The insurance that applies when the app is completely off is very different from the insurance that applies when the driver has accepted a ride and is taking you down Montana Avenue or Zaragoza Road. Understanding these periods is the foundation for understanding your rights, whether you were a passenger, another driver, or a pedestrian struck by a rideshare car. Since 1998, we have seen how insurance companies use this complexity to point fingers and delay claims. One insurer may say the driver was off the app, while the other says coverage is excess only. Our goal here is to break this system down so you can see clearly where your claim fits, instead of relying only on what a claims adjuster tells you. What Uber & Lyft Cover When the App Is Off in Texas The simplest period to understand is when the rideshare app is completely off. If an Uber or Lyft driver is driving home from work or running personal errands in El Paso with the app closed, they are just another driver under Texas law. Uber and Lyft’s commercial coverage does not apply. In that situation, only the driver’s personal auto policy is available to cover a crash they cause. Many Texas drivers carry only the minimum required liability limits. Those minimums are modest, especially when serious injuries are involved. If you are hit at an intersection like Lee Trevino and Montwood and the at-fault driver only has state minimum coverage, their policy may not be enough to fully cover medical bills, lost income, and long-term care. In a rideshare context, this can come as a shock when victims assumed rideshare companies would automatically back the driver. Personal auto policies also often include “livery” or “commercial use” exclusions. These are provisions that say the policy will not cover the driver if the vehicle is being used to carry passengers for a fee. If there is any suggestion that the driver was planning to turn the app on, or had just dropped someone off, the personal insurer might try to deny coverage by pointing to those exclusions. We frequently see scenarios where a driver says the app was off, but trip records or patterns suggest otherwise. In free consultations, we review both the driver’s personal insurance information and any available rideshare data to test those claims. Sometimes, what looks like a simple personal trip turns out to involve rideshare use, which can open the door to additional coverage. Coverage When the App Is On but No Ride Is Accepted The next period is the gray area where many disputes arise. This is when the Uber or Lyft app is on, and the driver is logged in and waiting for a ride request, but has not yet accepted a trip. Under current insurance structures, both companies typically provide some level of contingent liability coverage during this phase. That coverage is usually lower than the limits available during an active trip, and it may apply only after the driver’s personal policy is used or denied. In this waiting phase, the driver is available to work, so personal insurers are more likely to argue that the car is being used for business and try to deny the claim using livery exclusions. At the same time, the rideshare insurer may argue that the higher trip in progress limits are not available because no passenger has been accepted. That can leave injured people stuck between two insurers, each trying to shift responsibility. Imagine you are driving on Mesa Street and an Uber driver who is looking for the next ride runs a red light and hits you. The driver’s personal insurer might say, “We do not cover rideshare activity.” Uber’s insurer might respond, “The driver had not accepted a ride, so our higher limits do not apply.” In these cases, the timing of app logins, GPS data, and trip records become crucial evidence to show the driver was actively available on the platform. Because we regularly handle these cases, we know how to obtain and interpret app and phone records in Texas claims to establish whether this coverage period was active. That can mean the difference between being limited to a small personal policy or accessing additional rideshare coverage that more accurately reflects the harm you suffered. Full Coverage During an Active Uber or Lyft Trip in Texas The coverage picture looks very different once an Uber or Lyft driver accepts a trip. From the moment a driver accepts a ride request in the app until the moment the passenger is dropped off, the driver is in what many consider the full coverage phase. During this time, Uber and Lyft generally provide significantly higher liability limits through their commercial policies, which sit on top of any personal coverage. For passengers riding in the Uber or Lyft, this is usually the phase they are in when injured. If you are sitting in the back seat on your way from El Paso International Airport to downtown and your driver rear-ends someone, the rideshare policy is designed to cover your injuries if your driver is at fault. If another driver causes the crash, rideshare policies often include uninsured or underinsured motorist coverage, which can step in when the at-fault driver has no insurance or not enough to cover all your losses. Uninsured and underinsured motorist coverage, often called UM or UIM, is a safety net. It is meant to protect you when the person who hit you cannot. In a rideshare context, that might be a hit-and-run driver on I-10 or a driver carrying only minimum limits. With UM or UIM, you can sometimes recover from the rideshare policy even though your own driver was not the one who caused the crash. Third parties, such as other drivers or pedestrians, can also make claims under the rideshare policy when the Uber or Lyft driver is at fault during an active trip. The coverage structure is designed to protect everyone harmed by a negligent rideshare driver, not just the paying passenger. That said, insurers still scrutinize every claim and do not simply write checks because a rideshare vehicle was involved. For injured passengers, this is where our No Fees Unless We Win approach and reduced contingency fee structure matter. These policies often involve higher limits, which can bring real relief when injuries keep you out of work or require long-term care. We take on the cost and risk of investigating and pursuing these claims, so you do not have to choose between your recovery and standing up to a large insurance company. How Uber & Lyft Insurance Interacts With Your Own Policy One of the more confusing parts of a rideshare crash is how Uber or Lyft’s insurance interacts with your own auto insurance. People often assume they will only deal with one insurer. In reality, a Texas Uber or Lyft claim can involve several policies operating at once. The order in which they apply depends on who is at fault, what coverage is available through Uber or Lyft, and what coverage you carry on your own vehicle. In many cases, claims start with the at-fault driver’s liability coverage. If your Uber driver caused the crash during an active trip, Uber or Lyft’s commercial liability policy usually takes the lead. If another driver caused it, that driver’s liability policy in Texas is targeted first. When those limits are too low, or when the driver is uninsured, UM or UIM coverage on the rideshare policy or on your own policy may come into play. Passengers do not normally use their own liability coverage in these situations, since they were not driving. However, they may still use personal UM or UIM, personal injury protection, or medical payments coverage to help with immediate bills. When your insurer pays such benefits, it may later pursue reimbursement from the rideshare or at-fault driver’s insurer in a process called subrogation. This can affect how settlements are structured and who ultimately bears the cost. For other drivers involved in rideshare crashes, Texas comparative negligence rules can affect how much they recover. Comparative negligence means that if more than one driver shares fault, each person’s compensation can be reduced based on their percentage of responsibility. In a multi-car collision on Loop 375 involving an Uber and a driver from New Mexico, you might have Texas liability law, New Mexico insurance policies, and rideshare coverage all intersecting. Jurisdiction and choice of law questions can become important when deciding where and how to file a lawsuit. Our ability to practice in both Texas and New Mexico is especially helpful in these cross-border situations. We can evaluate whether a case involving an El Paso rideshare trip that crosses into Sunland Park or beyond should be pursued under Texas or New Mexico law, and how that choice affects available insurance and potential recovery. That kind of analysis can be critical when multiple policies and state lines are involved. Common Uber & Lyft Insurance Disputes We See in El Paso Even when the coverage structure looks clear on paper, real-world claims rarely move in a straight line. One of the most common disputes we see in El Paso rideshare cases centers on app status. Uber or Lyft’s insurer might claim the driver was offline when the crash occurred, even when the driver remembers being logged in. Determining who is right often requires looking at app logs, ride history, and phone records that are not available to you without pressure on the companies involved. Personal auto insurers create a different set of problems. When they learn a driver was working or available for Uber or Lyft, they often cite livery or commercial use exclusions and deny coverage. That leaves victims caught between a personal insurer refusing to pay and a rideshare insurer insisting its higher limits do not apply. Without someone to push back, people can be left waiting for months without clarity or payment. We also see regular efforts to minimize the seriousness of injuries. Insurers sometimes argue that crash forces were too low to cause the kind of pain you report, or that your condition stems from a pre-existing problem rather than the collision on Gateway Boulevard West or North Mesa. Delays in seeking medical care, which are common when people hope pain will go away on its own, are used as talking points to devalue claims. Evidence makes the difference in these fights. Ride receipts, screenshots showing your trip status, GPS information, dashcam footage, and statements from other passengers or witnesses can all help establish what really happened. We invest significant time gathering and organizing this material. Thorough preparation helps ensure our clients’ accounts are not brushed aside when insurers try to rewrite the story of the crash. Steps To Take After an Uber or Lyft Crash in Texas To Protect Your Claim Right after a rideshare crash, your first priority is safety. If you can, move to a safe place away from traffic and call 911 so law enforcement and medical responders can come to the scene. Even if you feel like you can walk it off, it is wise to get checked by a medical professional. Many injuries, including concussions and soft-tissue damage, do not fully show themselves at the scene but can become serious in the days after a collision. Collect as much information as you reasonably can. That includes the Uber or Lyft driver’s name, license plate, driver’s license, and personal insurance details. Take screenshots from the rideshare app that show your trip, driver information, and time of the crash. Photograph the scene, vehicle damage, skid marks, road conditions, and any visible injuries. If there are witnesses, ask for their names and contact information. In El Paso, it can also help to make note of specific intersections or landmarks around the crash site. Both Uber and Lyft encourage you to report accidents through their apps. Reporting is important, but we encourage clients to keep these initial reports factual and brief. Describe that a crash occurred, the basic location, and that you were injured. Avoid guessing about fault, minimizing your pain, or making statements like “I am fine” that do not reflect the full picture. Insurers can later use those early words to argue that you were not really hurt or that you agreed with their view of what happened. Before giving a detailed recorded statement to any insurer, including the rideshare company’s adjuster, it is often helpful to speak with a Texas injury lawyer who handles these types of claims. At Law Offices of Ruben Ortiz, we offer a free consultation so you can understand your coverage options and the likely path of your claim without taking on additional financial stress. Our work on a contingency-fee basis for personal injury cases means we only get paid if we recover compensation for you. How Law Offices of Ruben Ortiz Helps With Uber & Lyft Insurance Claims By now, you have seen that rideshare insurance in Texas is layered and often contested. Coverage changes from moment to moment based on app status. Multiple policies can be in play at once. Insurers look for ways to deny, delay, or limit payment, and cross-border trips between El Paso and New Mexico can add another layer of complexity. Trying to navigate all of that when you are hurt and worried about your job or family is a heavy burden. Our role is to take that burden off your shoulders. We start by listening carefully to what happened and how the crash has affected your life. Then we identify every potential source of coverage, from Uber or Lyft policies to personal auto insurance and your own benefits. We gather the evidence needed to prove app status, fault, and damages, and we communicate with insurers so you are not left guessing about the status of your claim. Since 1998, Ruben Ortiz has devoted his career to defending clients’ futures and rights. Our practice is built on thorough case preparation and personalized strategies, not one-size-fits-all approaches. In rideshare cases, that means tailoring our work to your exact role in the crash, the policies involved, and whether Texas or New Mexico law may apply. We focus on making sure your voice is heard when you are up against large, sophisticated insurance companies. For personal injury claims, we work on a No Fees Unless We Win basis and offer reduced contingency fees. That structure reflects our belief that access to legal help should not depend on what is in your bank account on the day of the crash. If you have been hurt in an Uber or Lyft accident in or around El Paso, you do not have to figure out this insurance puzzle alone. Reach out and let us walk through your options together.

Missing even one paycheck after an accident can feel more painful than the injury itself. Bills in El Paso do not stop because you are stuck at home, your doctor ordered you off work, or you cannot safely do your job. Rent, groceries, gas, and childcare all still need to be paid, and the gap between what you used to earn and what is coming in now can grow fast. In that moment, the question becomes simple and urgent. Will insurance actually cover your lost wages in Texas, and if so, how much and how soon? The answer depends on the type of policies involved, who is at fault, and how well your wage loss is documented. Our goal here is to walk you through those moving parts in plain English so you can see what is possible and what to watch for. At Law Offices of Ruben Ortiz, we have spent decades working with injured people in El Paso and across Texas, dealing directly with insurers that question or minimize wage claims. Since 1998, we have been building cases that include not just medical bills, but the full impact on a client’s income and future. We offer free consultations and handle personal injury cases on a “No Fees Unless We Win” basis, so you can get guidance on your lost wages without taking on new bills. With that context, we can break down how insurance lost wages in Texas can actually work in real life. How Texas Insurance Can Pay Lost Wages After An Injury Texas follows an at-fault system for most motor vehicle crashes. That means the driver who caused the collision, or more precisely that driver’s liability insurer, is generally responsible for the financial losses they cause. Those losses can include medical bills, property damage, pain and suffering, and income you could not earn while you were hurt. Many people assume the at-fault insurer will simply cover these wages as they miss work, but it rarely happens that way. Instead, lost wages are usually part of the overall injury claim that is negotiated or litigated at the end of the process. The at-fault driver’s bodily injury liability coverage is often the main source of payment, subject to policy limits. At the same time, your own auto policy may contain coverages that can help with income earlier, even before any settlement with the other driver. Understanding how these policies fit together is the first step toward protecting your paycheck. Personal Injury Protection, commonly called PIP, is one of the most important coverages for wage loss in Texas. Insurers must offer PIP on every auto policy, and unless you rejected it in writing, there is a good chance you have at least some PIP coverage. PIP can pay certain medical expenses and a portion of your lost income, regardless of who caused the crash. Medical Payments coverage, often called MedPay, is different. MedPay can help with medical bills, but it typically does not cover lost wages in Texas. Uninsured and underinsured motorist coverage, known as UM and UIM, can also come into play if the at-fault driver has no insurance or too little insurance, and wage loss can be part of those claims as well. Another common point of confusion involves health insurance. Health insurance may pay some of your medical costs, subject to deductibles and copays, but it almost never replaces lost income. That role belongs to auto-related coverages like PIP and liability, or to separate disability and income protection policies if you have them. When we review a new injury case at Law Offices of Ruben Ortiz, one of the first things we do is identify every policy that might help replace income, then map out a strategy for how and when to pursue each source. Your Own PIP Coverage May Replace Some Income, Even If You Were At Fault Many Texans do not realize they have a valuable tool for short term income loss sitting in their own glove box. Texas law requires auto insurers to offer Personal Injury Protection coverage on every policy, and it can only be left off if the policyholder rejects it in writing. That means a lot of drivers in El Paso have PIP and do not remember ever asking for it. If you have PIP, it can pay some of your lost wages even if you were the one who made a mistake on the road. PIP generally covers reasonable medical expenses and a portion of your lost income up to the policy limit. Policy limits vary, but many Texas drivers carry PIP benefits in the low thousands of dollars. For example, if you normally earn $800 per week and a doctor keeps you off work for two weeks, those missed wages total $1,600. If you have a modest PIP limit and your medical bills so far are less than that amount, there may be room within the coverage for part of that $1,600 in income. PIP is not automatic, and insurers usually require proof that you were working at the time of the crash and that a doctor has restricted you from working. In practice, that often means they want employer verification of your usual hours and pay, recent pay stubs, and a written note from your treating provider that you are unable to work or must work reduced hours because of the injuries. If the paperwork is incomplete or unclear, the insurer may delay or reduce the PIP wage payment. We frequently help clients in El Paso identify whether they have PIP, request the policy information from their insurer, and pull together the documents adjusters rely on when deciding how much of the PIP limit to use for wages. Used correctly, PIP can take some immediate pressure off while we work on the larger claim against the at-fault driver’s insurer. Used carelessly, it can be underutilized or spent in ways that do not match the client’s most urgent financial needs. When The Other Driver’s Insurance Has To Pay Your Lost Wages When another person’s negligence causes your injuries, Texas law allows you to pursue lost wages and loss of earning capacity from the at-fault driver’s liability insurer. This type of coverage is called bodily injury liability coverage. It can cover the time you already missed from work, the income you will reasonably lose in the future, and the broader impact on your ability to earn. The challenge is that the liability carrier has every incentive to dispute, reduce, or delay those payments. Liability carriers in Texas do not usually pay lost wages as they accrue. Instead, they typically resolve wage loss as part of a single settlement or judgment that covers all aspects of your injury claim. That means you may be missing paychecks for months while they question whether the time off was medically necessary or whether your claimed income is accurate. In our experience, they often argue that you could have returned to work sooner, that your job was not really affected, or that any lost overtime or bonuses were speculative. Comparative negligence also plays a serious role in how much you can recover for lost wages. Texas uses a modified comparative fault rule. If you are found more than 50 percent at fault, you cannot recover. If you are 50 percent or less at fault, your recovery is reduced by your percentage of responsibility. For example, if your total lost wages are $10,000, but a jury or an agreed negotiation puts your fault at 20 percent, the most you can recover for those wages is $8,000. Understanding how evidence and negotiation affect that percentage is critical to preserving your income claim. Beyond wages you have already lost, Texas law allows claims for loss of earning capacity, which describes how your injury affects your ability to earn income in the future. This can be especially important if you worked in a physically demanding job in the El Paso area, such as construction, trucking, or warehouse work, and can no longer perform the same tasks or hours. When we build wage and earning capacity claims at Law Offices of Ruben Ortiz, we do not just tally missed days. We look at job duties, long term medical restrictions, age, work history, and likely future career paths to show insurers the full financial hit, then prepare to back that up in court if needed. Proving Lost Wages In Texas: What Insurers Really Look For Insurers pay attention to documentation, not just your word about how much you used to earn. To get full credit for your wage losses in Texas, you need to build a paper trail that lines up with how adjusters evaluate claims. That means gathering records that show not only your base pay, but also overtime, bonuses, commissions, and any other regular income you relied on before the injury. For hourly workers, useful documents include recent pay stubs, timesheets, and an employer letter that confirms your normal schedule, base rate, and any usual overtime. For salaried employees, pay stubs and a letter confirming your annual salary and average weekly hours are important. If you regularly earned bonuses or commissions, that letter should describe how those were calculated and how often you received them. In every case, we also want medical records and a doctor’s written work restriction that explains why you could not perform your regular job duties. Self-employed and gig workers face a different set of challenges. Insurers often dismiss their losses as too speculative, especially if income varies month to month. The most helpful records here are tax returns, 1099 forms, invoices, and bank statements showing deposits from clients or platforms over time. Sometimes, profit and loss statements that compare the months before and after the injury can clearly show a drop that lines up with the accident and medical restrictions. These documents allow us to show a pattern of earnings that was disrupted, not just a single slow month. Even with strong documentation, adjusters may push back. They might ignore or downplay overtime that appears sporadic, claim that bonuses are not guaranteed and therefore not recoverable, or argue that cash income cannot be counted if there is no record. They may also question the length of your time off work, especially if your doctor’s notes are brief or vague. At Law Offices of Ruben Ortiz, we work with clients to tighten up those gaps, request clearer employer letters, and, when needed, ask treating providers to issue more detailed work restrictions so the wage claim reflects the real impact on day to day earnings. What If You Used PTO, Sick Leave, Or Took Light Duty Work? Many injured Texans assume that if they burned through vacation days or sick leave to keep a paycheck coming, they lost any right to claim lost wages. In reality, using paid time off does not necessarily erase your wage claim. You gave up a benefit that you had earned, and you no longer have those days available for future illness or family needs. That loss often can be part of your damages in a personal injury case, even though the employer technically paid your full check at the time. The situation can be similar for people who return to work in a reduced capacity. If you were cleared only for light duty, fewer hours, or a different role that pays less, the difference between your pre-accident income and your new income can form the basis of a wage loss or loss of earning capacity claim. For example, imagine an El Paso warehouse worker who usually works 50 hours per week at $20 per hour, including 10 hours of overtime. After a back injury, the doctor limits them to 30 hours per week with no overtime. That worker now earns $600 per week instead of $1,100. Over a month or two, that gap can add up to thousands of dollars. Insurers may argue that there is no real wage loss if the employer kept you on payroll or if your gross pay did not change much at first. They may also suggest that using PTO means you were “made whole.” Those positions ignore the reality that PTO and sick leave are valuable assets and that reduced hours or lost overtime change a family’s budget in a very real way. Careful calculations comparing pre-injury and post-injury earnings, including the value of used PTO, can make that loss visible in negotiations. In our practice, we take the time to understand how each client’s job, benefits, and schedule actually work. A single formula will often miss the impact on overtime, shift differentials, or performance-based pay that is common in many El Paso jobs. By tailoring our approach to your specific work situation and employer policies, we can present insurers with a clearer picture of your true economic loss, instead of letting them rely on an oversimplified view of your paycheck history. How Future Earning Capacity And Long Term Limits Affect Your Claim Lost wages are not always limited to the first few weeks or months after an injury. For many people, the most serious financial damage shows up in the years that follow, when permanent restrictions limit what kind of work they can do. Texas law recognizes this through claims for loss of earning capacity. This concept looks beyond the exact days you missed and asks how your injury affects your ability to earn over the rest of your working life. Consider a construction worker in El Paso who suffers a serious knee injury. Before the accident, they handled heavy lifting, climbed ladders, and worked long shifts on uneven ground. After surgery and rehab, their doctor may restrict them from lifting more than a certain weight, kneeling for long periods, or standing for extended shifts. Even if they return to some type of work, they may no longer be able to handle higher-paying roles or overtime-heavy assignments. Over years, that reduced opportunity can add up to a significant financial loss. At the same time, policy limits and available coverage put a ceiling on what you can realistically collect, even if the true economic impact is higher. The at-fault driver may only carry the minimum required liability coverage. UM or UIM coverage on your own policy may help, but those limits may also be modest. In situations that involve Texas and New Mexico drivers or policies, determining which coverage applies and in what order can add another layer of complexity. Because Law Offices of Ruben Ortiz is licensed in both states, we are positioned to untangle those coverage layers and push for every available dollar, even when the primary policy is small. Settling too early can be particularly risky when future earning capacity is at stake. If you accept a quick settlement before your doctors know whether you will fully recover or before you try returning to work, you may sign away the right to claim future income losses that become obvious later. We encourage clients to be cautious about resolving wage claims until their long term work prospects are clearer and, when appropriate, to factor in how age, skills, and local job markets in El Paso may affect their ability to shift into lighter work if necessary. Common Insurance Tactics That Reduce Lost Wage Payments Even with strong documentation and clear medical restrictions, insurers often use predictable tactics to reduce what they pay for lost wages. Understanding these patterns can help you spot them early and avoid signing away value. One common approach is to focus on a narrow pay period that understates your typical earnings. If your last few paychecks before the crash happened to be light on overtime or bonuses, an adjuster may use that window to argue that your income was lower than it really was over time. Another frequent tactic is to downplay irregular or nontraditional income. Self-employed and gig workers in El Paso who drive for apps, do construction jobs, or run small businesses often see adjusters label their income as “too speculative.” They may ignore cash payments or deposits that are not neatly labeled, or suggest that business slowdowns could have happened even without the injury. Without a careful presentation of tax returns, invoices, and bank records that show consistent patterns, these arguments can stick. Insurers also sometimes push injured people to return to work before they are truly ready, or to minimize what they say about pain and limitations in recorded statements. If they can get you on record saying you “feel better” or “can probably go back soon,” they may use those statements to argue against paying for additional time off, even if your doctor later recommends more rest. Quick, low settlements are another pressure point. A check today tied to a broad release can look tempting when bills are piling up, but it can cut off your ability to recover for ongoing wage loss or future earning capacity. We have seen these tactics repeatedly over the years. Our approach is to anticipate them and prepare responses before they come up. That may involve clarifying your job duties in detail, gathering a longer history of pay records to show typical overtime, or helping you avoid loosely worded statements that insurers can twist. By bringing our experience with Texas insurers into your case, we work to keep your wage claim based on the full story, not on the narrow version an adjuster would prefer to see. What To Do Now If You Are Missing Paychecks After An Injury In Texas If you are already missing paychecks, there are steps you can take right now to protect a potential wage claim. Start gathering recent pay stubs, W-2s, or tax returns, and any schedules or time records you can access. Ask your doctor for written work restrictions that clearly state whether you should be off work completely or limited to certain hours or duties. If you are self-employed or in gig work, begin organizing invoices and bank statements that show what you were earning before the crash. It can also help to confirm what insurance coverage you have. Review your auto policy documents to see whether PIP or UM/UIM coverage is listed, or request a copy of your declarations page from your agent. Be cautious about signing any wage verification forms or settlement documents from the at-fault insurer without understanding how they might limit your future claim. A quick payment that looks helpful today can turn out to be far less than your true lost income once the full impact of the injury is clear. At Law Offices of Ruben Ortiz, we offer free consultations for injury cases and handle personal injury matters on a “No Fees Unless We Win” basis. That means you can have us review your insurance coverages, your wage records, and the insurer’s offers without paying upfront legal fees. Our office in El Paso has guided Texans through these issues since 1998, and we build strategies that focus on defending your future income, not just closing a claim. If you are worried about how long you can keep up with bills while you heal, talking with a lawyer who understands insurance and lost wages in Texas can make a real difference. Call (915) 308-8850 to discuss your lost wages and insurance options with our team.