Kenner, Louisiana is the largest city in Jefferson Parish and serves as a suburban town in the New Orleans area, making it a prime location to get in and out of the city during festivities. Tourists can enjoy the residential side of Louisiana, and locals can hitch a ride into the French Quarter whenever they please.
Yet, what happens when you take an Uber or Lyft ride and get injured in a car accident? If you are a victim and don’t know how to recover damages, Laborde Earles Injury Lawyers can help you fight for compensation. You might be entitled to have the rideshare driver, company, or a third party pay for your damages.
When you call our law firm for a free case evaluation, you can talk with a representative about how a Kenner rideshare accident lawyer can help you pursue compensation.
Louisiana Mandates that Rideshare Companies Provide Insurance Coverage
With the rise of Uber and Lyft across the nation, more and more people are using ridesharing apps to travel around cities. Ridesharing can be a great alternative for consumers when going to bars (no need for designated drivers), the airport (no need to ask a friend), and even work. However, in their early stages, ridesharing companies did not always take accountability when their contracted drivers got into accidents, which brought on legal issues.
In 2015, Louisiana passed RS Art. 45:201.6, which mandates that rideshare companies—referred to as “transportation network companies” or TNCs—must provide insurance to their drivers when they are working and actively transporting passengers.
By law, companies like Uber and Lyft must offer at least:
- $50,000 in bodily injury coverage per person, including cases involving death
- $100,000 in bodily injury coverage per accident, including cases involving death
- $25,000 in property damage coverage
That way, if a passenger is harmed in an accident, they may receive coverage for their damages.
Before this law was passed, many rideshare drivers’ insurance providers denied claims that rideshare riders or third parties filed because personal insurance policies are not designed to cover someone who earns money as a rideshare driver. However, insurance policies used by taxi companies or limousine drivers also did not apply.
Today, this is no longer a problem. As long as the driver is actively using a ridesharing app, they will be covered in an accident, thanks to this law. The rideshare company will either provide contingency coverage if the driver’s policy will not pay or primary coverage under specific circumstances.
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Coverage Varies According to When the Accident Occurred
That being said, rideshare companies have guidelines regarding when their coverage steps in. Both Uber and Lyft have policies requiring the rideshare driver to be actively logged in to the app and using it before the company offers coverage. Depending on when the accident occurs, different coverage may apply.
For example, the rideshare company’s insurance policy may be in effect if:
- The accident occurred while the driver was waiting for a ride request, meaning the app was on, but there was no match. At this point, the rideshare company provides coverage only when the driver’s policy will not.
- The accident occurred while the driver was on their way to pick up a passenger.
- The accident occurred while the driver was transporting a passenger.
- The accident occurred while the driver was dropping off a passenger.
As soon as the driver matches with a rider, the rideshare company’s primary liability policy goes into effect. This policy provides at least $1 million in liability coverage per accident to cover injuries, treatment, lost wages, and other damages victims may suffer in a rideshare driver-caused accident. Eligible claimants could include:
- The rideshare passenger matched through the app
- Occupants of another vehicle the rideshare driver hits
- Pedestrians, cyclists, or others the Uber or Lyft driver strikes
The rideshare company cannot be held liable if the driver was logged out of the app at the time of the accident. In these scenarios, the rideshare driver’s personal auto insurance should cover damages. If they refuse, the victim will need to work with their attorney on alternative options for seeking compensation, such as suing the driver.
If a third party contributed to or caused the accident, their insurer may cover the accident. This will depend on the facts of the case and the evidence to prove that driver is legally responsible. For example, imagine a driver fails to yield while turning left at a green light. They turn in front of your Uber, and your driver cannot avoid the collision. In a case like this, we may be able to hold the third-party driver accountable.
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Our Team Wants to Help You Fight for Compensation
Financial expenses and losses often pile up quickly in the hours and days following a crash. The intangible costs also build, with the stress of the situation and not knowing where to turn for help potentially causing more problems. Our team is here for you. We know what to do and how to help victims recover the money damages they need and deserve based on their case.
With Uber and Lyft rideshare accident cases, claimants may be able to receive compensation for multiple types of damages, such as:
- Their medical expenses
- The income they lost because of their rideshare-related injuries
- Their physical or emotional pain and suffering
- Any property damaged in the accident
- Losses related to living with a permanent disability or change in appearance, such as scarring or burns
Our team at Laborde Earles Injury Lawyers can tell you how we might approach your case during your free consultation. Not only do we provide complimentary car accident assessments for rideshare crash victims, but we also handle these cases on a contingency fee basis, which means we do not charge our clients upfront.
We are paid only from the compensation we recover. If we do not win a financial recovery for you, you will not pay any attorney’s fees.
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When an Uninsured Motorist Is Involved
In some cases, the rideshare driver might not have auto insurance, even though they are required to have both by state law and the employer’s standards. Or, in cases involving a third party, that individual might not have insurance.
This can be frightening and frustrating to a victim who discovers there is no insurance policy to rely on while trying to recover damages for their injuries. Still, there are ways you may be able to receive compensation.
RS Art. 22:1295 mandates that all auto insurance companies offer uninsured motorist (UM) coverage to policyholders, although policyholders are not required to buy it. If your policy has this coverage, your Kenner Uber and Lyft rideshare accident lawyer can review your policy details and determine whether this is a good option for you. If so, you may be able to receive compensation to cover your medical expenses, income loss, and property damage.
If not, you might be able to bring a lawsuit against the uninsured motorist or look into different insurance policies that might offer you compensation if you file a claim, such as your health insurance coverage. We can help you understand your options and decide how to move forward with your case during your free consultation.
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Louisiana Gives Plaintiffs One Year to File Their Lawsuits
If you are interested in filing a lawsuit after an Uber or Lyft car accident, you generally have one year to file your personal injury case, per CC Art. 3492. This one-year deadline starts on the day of the accident, and if you fail to meet it, your case may be dismissed.
In most cases, we can settle these claims without going to trial. This is especially true if the driver was matched with a rider or had a rider in the car when the accident occurred. If you were the rideshare passenger, a $1 million liability policy is available. This will cover most injuries and related expenses, and we can work to provide solid evidence of the value of your claim.
Laborde Earles Injury Lawyers Is Not Afraid to Take on Rideshare Companies
It can be intimidating to go up against big corporations like Uber and Lyft, but these rideshare companies have to abide by the law like everyone. Louisiana enacted TNC laws to protect victims injured in rideshare accidents so that they could potentially get the insurance coverage they need. If the rideshare driver was at fault for the accident, the appropriate liable party should be held legally accountable for your accident-related losses.
Get in touch with a team member at Laborde Earles Injury Lawyers by calling (504) 777-7777. We provide all prospective clients with a free consultation. Once we gain perspective on your case, we can assign a Kenner Uber and Lyft rideshare accident lawyer to handle your case and guide you in your pursuit of financial recovery.
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