Who’s Liable in a Rideshare Case and Unique Aspects of Louisiana Law
Whether you were a passenger in the rideshare vehicle, driving another car, or even a pedestrian, the question of liability following an Uber or Lyft collision can feel like navigating a maze. As a New Orleans personal injury lawyer here in Louisiana, I’ve seen firsthand how confusing it can be to figure out who’s responsible.
Rideshare Accidents and the Direct Action Statute
Companies that offer rideshare rides offer a convenient service, but their liability framework can be complex. Louisiana’s laws combine general liability principles with specific rules for rideshare drivers and companies. Understanding how these work together is key to getting the compensation you deserve.
Commercial insurance that kicks in under specific circumstances is a requirement for companies like Lyft and Uber. These policies provide coverage in three distinct scenarios.
- #1. Driver has logged into the app. When the driver is available but hasn’t accepted a ride, rideshare companies typically provide contingent liability coverage. This includes up to $50,000 per person for bodily injury, $100,000 per accident, and $25,000 for property damage. If the driver’s personal insurance denies a claim, this coverage applies.
- #2. Passengers will soon be picked up or are being transported. Once a driver accepts a ride, the rideshare company’s full commercial policy comes into play. This policy offers up to $1 million in liability coverage, as well as uninsured/underinsured motorist protection. If you’re a passenger injured in a collision during this phase, this is likely the coverage that will address your claim.
- #3. Offline driver. If the rideshare driver isn’t logged into the app, their personal insurance is the sole coverage available. In Louisiana, every driver must carry minimum liability insurance, but it’s often insufficient to cover significant damages.
Also, if a driver’s negligence exceeds the limits of the rideshare company’s coverage, their personal policy may come into play as well. Or, if another vehicle caused the collision, the at-fault driver’s insurance may be an avenue for covering your damages.
The state of Louisiana has a direct action statute too, which allows injured parties to file a lawsuit directly against an insurer without involving the at-fault driver. This can simplify the process but also requires a strong understanding of how to move through these claims.
Navigating Louisiana’s Legal System
Dealing with multiple insurers, understanding coverage limits, and doing what is necessary to connect with a maximum settlement amount can be overwhelming. That’s where I come in. As your New Orleans personal injury lawyer, I’ll handle the complexities, ensuring every liable party is held accountable. From gathering evidence to negotiating with insurers, I’ll fight to secure the compensation you need to recover.
If you’ve been injured in a rideshare accident, don’t go it alone. Let me guide you through the process so you can focus on healing. Reach out today for a consultation.
Were you hurt when riding in an Uber or Lyft in New Orleans, Metairie, or New Gretna? When you are ready to learn about your recovery options, call Palazzo Law Firm at 504-433-1442.
