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What to Do If You’re in an Uber or Lyft Ride-Share Accident

Uber or Lyft Ride Share Accident

With the growing popularity of ride-share services like Uber and Lyft over the last several years, the way we get around in Louisiana has changed. New Orleans is one among several cities to award drivers the most rideshare contracts around the nation, and one of the cities where drivers of Uber and Lyft make the most money.

However, this mode of transportation has its fair share of problems, and that’s aside from the negative press in the last few years. But there’s no need to panic. The attorneys at Breaux Law Firm have you covered. If you’ve ever been involved in an accident with a rideshare vehicle or want to educate yourself on the complexities of the process of filing a claim, we can help. Truthfully, when it comes to ride-share accidents, things can get a little complicated, which is why a little help can go a long way.

Ride-Share

First, it’s good to know what a rideshare company is. A rideshare company allows self-employed drivers who use their own vehicles to pick up and drop off passengers who use their services. Usually Uber, Lyft, and other rideshare companies use mobile applications that can be accessed by a smartphone in which a passenger can request a vehicle to take him or her from one place to another. Information about both the driver and passenger is available in the smartphone application so that once the service is complete, payment is made promptly and there is a receipt of services rendered.

With Growing Popularity, It’s Important to Educate Yourself

Rideshares are more popular than ever and it’s easy to see why. They cost less than traditional cab services, are often more convenient than taking your own vehicle and finding parking, and are generally safe, especially when coming back from a night out. Rideshare drivers are usually rigorously screened and there is always a record of who has picked you up and from where. However, that does not mean they are 100% safe or perfect, so you should always stay vigilant.

If There Has Been an Accident

If you’ve been in an accident with an Uber or Lyft vehicle in the city of New Orleans and have sustained injuries, you may have a claim against the ride-share driver. But dependent on whether you’re the driver of a vehicle that has been in an accident with a ride-share vehicle or if you’re a passenger in an Uber or Lyft, coverage will differ.

All vehicles that drivers use for rideshare companies have insurance coverage for all persons inside the vehicle. It covers any harm or injury that may be sustained from an accident and medical expenses that may come up due to the fault of the driver. So, proving fault is the first step.

3 things can help determine which driver is at fault:

  1. If the driver involved in the accident was driving responsibly and not being negligent
  2. If the driver breached traffic laws
  3. If injuries were sustained due to breach of traffic law or negligence

Determining fault is almost the same process one goes through with regular car accidents. The main difference pertains to insurance and payouts. Most rideshare companies like Uber and Lyft carry a hefty amount of coverage for injuries caused to persons involved in an accident with a rideshare vehicle. However, compensation is difficult to obtain as a passenger or someone involved in an accident with a rideshare vehicle.

Amount of Coverage

When it comes to insurance coverage after an accident with a rideshare vehicle, things can get complicated. When a driver or passenger has been injured due to a rideshare driver’s negligence, there are certain specifications that amount to different types and dollar values of coverage. Most vehicles are covered by personal insurance policies; however, when the vehicle is being used for a business, personal coverage will not apply.


Insurance coverage will differ if an accident occurs with a rideshare vehicle and the rideshare driver is at fault, dependent on the following circumstances:

  • If a driver has no passenger in the vehicle and the rideshare application is off
  • When a driver is waiting for a passenger and has his or her rideshare application activated
  • If a driver is picking up a new passenger
  • If the driver already has a passenger in the vehicle

For example, if a rideshare driver has not yet turned on the rideshare application and is not going to pick up or drop off a passenger, the car accident will be treated as a regular accident and insurance coverage will be dependent on the driver’s own insurance coverage, with nothing to do with the company.

If the Uber or Lyft application is on and the driver is waiting for a passenger but has not yet been sent a request for a ride, there is a liability of $50,000 per person with a total of $100,000 per accident. On the other hand, if a rideshare driver has been sent a request for pickup and then gets into an accident, liability coverage of around $1,000,000 is applicable for both Uber and Lyft.

It’s important to be careful when establishing fault and the circumstances under which an accident takes place. This is why it’s smart to contact a personal injury lawyer, like those at Breaux Law Firm, who is well versed in rideshare accidents and experienced in fighting cases for clients who have previously found themselves in similar predicaments.

Personal injury lawyers can help you gain access to records to determine fault and whether or not a rideshare driver had his or her rideshare application activated at the time of the accident. It is also important to note thatrideshare laws are constantly changing and evolving. A personal injury lawyer can help lead you through complicated legal language and procedures to ensure you’re compensated for any injuries sustained to you or your vehicle when in an accident with a rideshare vehicle.

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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