Rideshare, Uber & Lyft Accident Lawyers in New Orleans

Why You Need a Rideshare Accident Lawyer? 

Accidents with rideshare vehicles, such as Uber or Lyft, can be complicated. These companies have insurance policies that are complex and meticulously worded. It’s easy to find yourself under piles of paperwork or the recipient of less than adequate settlement offers if you attempt to deal with claims yourself.

That’s why it’s always recommended to hire experienced personal injury lawyers who are especially versed in prosecuting rideshare insurance claims. Breaux Law Firm has handled countless claims against Uber and Lyft with great success, and we’re just a phone call away.

How Does Rideshare Differ from Traditional Taxis or Cabs?

First, it’s important to note how rideshare services are different from traditional cab or car services:

• Rideshare companies, such as Uber and Lyft, consider their drivers independent contractors.
• Rideshare drivers drive their own vehicles and are responsible for fuel and maintenance.
• Pricing varies depending on time of day and number of people in the rideshare vehicle.
• Rideshare drivers set their own schedules.
• If a rideshare driver is in his/her vehicle but is not logged onto the rideshare application, he or she is covered under personal insurance, not company insurance.

The last point is important, especially for Uber and Lyft drivers, because the phase of the Uber or Lyft app determines whether Uber or Lyft’s insurance applies and, if the rideshare insurance does apply, the status of the app determines how much coverage is available.

Of course, one of the first things Breaux Law Firm does when working on a rideshare case in Louisiana is establishing who is at fault for the accident; this ensures that the client and everyone else involved in the claim knows which insurance company and which insurance coverage line will be applicable to the case.

If You’ve Been in an Uber or Lyft Accident in New Orleans

If you find yourself in an accident with a rideshare vehicle or as a passenger in a rideshare vehicle, there are specific things you will want to note.

After an Accident

If you’ve been in an accident with Uber, Lift, or other rideshare vehicles, take the following actions:

1. Call 911 or contact the New Orleans police, just as you would after any other accident.
2. File a police report so the incident is officially recorded. The report will have statements from all parties involved and can help determine fault.
3. If you can, take pictures of the damage to the vehicles involved, the locations of the vehicles after the accident, the license plate of the other vehicle involved, and the street or intersection where the accident took place
4. Exchange contact information with all other parties involved and report the accident to your insurance company.
5. Call Breaux Law Firm to represent you and your case.

Liability for Accident & Injuries

To determine liability, your lawyer and the rideshare insurance adjuster will have to establish who was at fault. Louisiana is a comparative fault state. Under Louisiana’s comparative negligence law compensation charge for an accident claim will be determined by the percentage of fault of all persons including victims. Negligence can come in many different forms, including:

• Disobeying traffic laws
• Speeding
• Texting while driving
• Driving under the influence of drugs or alcohol

If an injury has been sustained due to the negligence of a rideshare driver, then a claim can be filed against the rideshare company. Most companies like Uber and Lyft carry a $1,000,000 policy limit to cover negligence for accidents; however, getting compensation is complicated. It must be determined whether all the elements of a negligence claim exist:

• Did the Uber or Lyft driver breach his or her duty of care to the injured person?
• Did the driver breach traffic laws?
• Were injuries sustained due to the driver’s negligence or breach of traffic laws?

Even after determining fault, Uber and Lyft have specific tiers of insurance coverage that carry different policy limits. Circumstances during the accident will determine the amount of insurance coverage that applies, such as:

• If a rideshare driver has no passenger and the rideshare application is off.
• If the rideshare driver is waiting to pick up a passenger and the rideshare application is active.
• If a rideshare driver is picking up a new passenger.
• If a rideshare driver has a passenger in the car.

Which tier the rideshare vehicle is in determines the amount of coverage that applies. If a driver was not logged onto the app, he or she is not considered to be driving for Uber or Lyft and, therefore, his or her own personal insurance will cover the claim.

If a driver is active on the app, is waiting for a rideshare request, and then gets into an accident, Uber and Lyft will cover up to $50,000 per individual and $100,000 per accident for bodily injury.

If a driver has picked up a passenger, is on route to a destination, and gets into an accident, rideshare companies like Lyft and Uber cover up to $1,000,000 in relatable damages.

Reclaimable Damages after Uber & Lyft Rideshare Accidents

Along with liability, the person bringing the claim must also prove damages. Types of damages include:

• Loss of property or damage to property
• Past and future lost wages
• Past and future medical bills
• Past and future loss of enjoyment of life
• Physical and emotional pain and anguish

Again, if negligence is involved and it can be proven, a successful claim against Uber or Lyft can be brought. Uber and Lyft do offer liability insurance, which covers the drivers’ vehicles while logged onto the Uber or Lyft app.