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Seeking Compensatory Damages as a Passenger in a Car Accident

Motor Vehicle Accident in Louisiana, New Orleans, Metairie

Passengers place their trust and safety into the hands of their drivers every single time they enter a vehicle. Even if you’re riding with the most practiced driver, car crashes still happen for various reasons — especially in Louisiana.

Being involved in an auto accident in New Orleans as a passenger can be nerve-racking and daunting. You may not know which insurer to approach for questions and compensation. Claiming personal injury damages may also be more complicated when the car accident happens while ridesharing in Louisiana.

Breaux Law Firm can help you make a personal injury claim after a car accident in Louisiana. We have experience as Uber or Lyft car accident lawyers in New Orleans and throughout the rest of Louisiana. With Breaux Law Firm on the case, you can focus on recovering and returning to your daily routine. We will ensure that you receive the maximum amount of compensation you’re entitled to. We firmly believe that personal injury cases require personal attention. Breaux Law Firm will help you throughout the entire process.

Below are a few things you should keep in mind regardless of which personal injury attorney helps you with your car accident as a passenger.

  • Determining which driver was at fault in a two-car accident can often be a difficult and time-consuming process. As a passenger in a car accident in New Orleans, you will almost never be liable for the accident and you will likely have to make a claim against the at-fault driver.

  • Filing a passenger injury claim is like filing other types of auto accident claims in Louisiana. The main difference is the fact that, unless it’s clear which of the drivers is responsible for the crash, you will have to file for a claim against all drivers involved.

  • Filing a claim with the at-fault driver’s insurance company is usually the recommended first option when searching for compensation as a passenger in an auto accident in Louisiana. For example, in Louisiana, the minimum coverage drivers should have for bodily injury liability is $15,000 per person and $30,000 per accident. Occasionally, the liable driver’s insurance company refuses to pay compensation unless their insured driver is clearly at fault for the accident. A personal injury attorney in Louisiana can assist you with getting compensation or a settlement without waiting months to determine who is the responsible party.

  • Filing a claim with your driver’s insurance company may be uncomfortable — especially if you’re friends, family, or associates. It’s important to remember that you’re not suing them or going after them personally. You are pursuing a valid personal injury claim against their insurance provider.
  • If you were riding in a vehicle while using a rideshare service like Uber or Lyft in New Orleans, you may need to file a claim against the rideshare company’s insurance company.

A trustworthy personal injury attorney in Louisiana can provide the direction you require and assist you by providing an easier, faster negotiation so that you receive fair and just compensation.

The experienced attorneys at Breaux Law Firm are available 24 hours a day and 7 days a week to answer any questions you may have about being a passenger in a car accident in New Orleans or elsewhere in Louisiana. Call us now for a free consultation at (504) 882-0545.

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Frequently Asked Questions

We don’t get paid until you do. The attorneys of Breaux Law Firm have what is called a “contingency fee arrangement” with each and every one of our clients. A contingency fee arrangement means that the attorney’s fee is taken out of the total amount of money recovered for the client, once the client’s case is settled. The attorneys at Breaux Law Firm are happy to meet with you FOR FREE to discuss your case, to answer any questions you may have, and to let you know if we think you have a good case.

The short answer is YES. If you’re the owner or the driver of the motor vehicle you were in at the time of the accident and neither you nor the vehicle you were driving has automobile insurance, then the adverse insurance company will get a credit for the first $15,000 in damages that they would have otherwise owed you, as described below. If you were a passenger in a vehicle where neither it nor its driver has insurance, you will still be able to recover, because you’re not the owner nor the operator of the uninsured vehicle. The attorneys at Breaux Law Firm stay informed on all laws involving insurance and the other legal areas we practice. We take the guesswork out of Louisiana state laws, and guide you through the process of recovering the compensation you deserve.

“There shall be no recovery for the first fifteen thousand dollars of bodily injury and no recovery for the first twenty-five thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security.
La. Stat. Ann. § 32:866

Breaux Law Firm is licensed to practice law throughout the state of Louisiana. However, Breaux Law Firm, in conjunction with other respected attorneys, has also represented clients from many other states, including Texas, Mississippi, Alabama, Florida, North Carolina, Illinois, California, and more.

Our office hours are Monday through Friday, 8:30 a.m. to 5:30 p.m., excluding holidays. Our office is located at 111 Veterans Memorial Blvd., Suite 1820, Metairie, LA 70005. You’ll find plenty of parking available in our visitor parking lot, along with a wheelchair-accessible ramp. Of course, you can always reach us through our 24-hour phone line at (504) 914-7779.

NO, YOU DO NOT. We don’t get paid until you do. The vast majority of the time, the conscientious attorneys at Breaux Law Firm will be able to let you know if your case is likely to succeed at the FREE initial consultation. If the case doesn’t work out, you owe us nothing and we will bear our own costs.

In Louisiana, you have ONE YEAR FROM THE DATE OF THE ACCIDENT to file a lawsuit to recover damages due to an accident; this concept is known as the statute of limitations or prescriptive period. Once your accident occurs, the clock starts ticking. The attorneys at Breaux Law Firm stay informed on all laws involving injury law, as well as the other legal areas we practice. We know that legal language can be confusing and hard to understand, as you can see below, so we work hard to make the process of filing a claim as easy and positive as possible.
“Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained.”
La. Civ. Code Ann. art. 3492

YES, the law office of Breaux Law Firm works with all types of medical providers and will assist you in obtaining the medical care that you need for your injuries.

There are several ways to take care of your property damage after an accident. The most common way is to make a claim against the liable insurance company which covered the at-fault party at the time of the accident. After making a claim against the liable insurance company, the liable insurance company is supposed to appraise the damage to your vehicle by sending an appraiser to inspect the vehicle wherever it’s located. Within a reasonable time, the liable insurance company is supposed to make a liability determination. If the insurance company accepts liability, they will put you in a rental car and arrange for your vehicle to be repaired. You’re entitled to a rental car, paid for by the liable insurance company, until your car is fixed and ready for you to pick up. The liability insurance company must adjust the property damage within thirty (30) days of their receiving a satisfactory proof of loss. The attorneys at Breaux Law Firm stay informed on all laws involving insurance and the other legal areas we practice, translating confusing legal jargon, as you see below, into clear guidance for our clients.
“All insurers shall make a written offer to settle any property damage claim, including a third-party claim, within thirty days after receipt of satisfactory proofs of loss of that claim.”
La. Stat. Ann. § 22:1892