Our team could support you in your fight for losses if you suffered an accident. You could retain a New Orleans rideshare accident lawyer to take on your case.
Our Firm Can Explain and Maneuver the Confusing Rideshare Insurance Case
Ridesharing is similar to carpooling and taxicab services, which often gives the impression that it follows the same rules. The truth is, rideshare services are completely different animals, especially in the law.
For one, rideshare companies position themselves as software companies, which automatically rules them out as vehicle owners or employers of drivers. Two, rideshare drivers are considered commercial drivers, meaning their own car policies will not cover any claims for accidents they cause while providing rideshare services.
Furthermore, drivers keep their insurance companies in the dark about their ridesharing services, which only blurs more accident coverage and liability lines. With a rideshare accident lawyer, however, they can clear things up and make sure that a claimant receives fair compensation for their losses. Consider hiring a lawyer.
Determining Liability in a Rideshare Accident
In a rideshare accident, a victim can claim damages from the at-fault driver. However, the insurance company might point fingers to shun responsibility completely. Your personal injury lawyer will know how to thwart diversionary tactics and legally force these carriers to own up.
Another thing insurance carriers could do is attempt to settle with a claimant for a very cheap payout. No rideshare accident victim should accept such an offer, at least not without consulting their New Orleans lawyer.
These companies hope that victims will be tempted with the promise of fast cash. However, the losses might keep coming, from lost wages to medical bills, etc. Once you accept an offer, you cannot pursue more compensation. All these things hinge on the fact that rideshare accident victims acting on their own may not fully understand their rights and options.
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Understanding Rideshare Company Insurance
Rideshare companies have cushioned themselves against accident liability for years, insisting:
- They were no more than app providers.
- Their drivers should be responsible for themselves as independent contractors.
Rideshare accident victims are often stuck with underinsured drivers unless they have an attorney who can fight for their right to fair compensation.
Currently, companies require drivers to have third-party coverage for accident victims, pedestrians, passengers, or other drivers. Rideshare companies also have to provide primary insurance, although this will only apply if the driver’s policy coverage is less.
Uber and Lyft Could Cover You in an Accident
As soon as the driver officially accepts a ride, they will get more coverage from the company, including uninsured motorist bodily injury, contingent collision, and the like.
Officially accepting a ride means taking in a passenger through the app. The company will not provide protection should an accident occur, the app is not on, and the driver is not logged in.
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Establishing Negligence in a Rideshare Accident
Determining liability is more complex in a rideshare accident than in any ordinary road mishap. Negligence, however, is established on pretty much the same basics:
- Duty: The driver had a duty of care for the victim.
- Breach of that duty: The rider failed to fulfill that duty of care.
- Causation: The injury would not have occurred had that duty of care been fulfilled.
- Damages: The victim sustained injury and losses from the accident.
New Orleans and the rest of Louisiana follow the doctrine of comparative fault. This means responsibility will be distributed among all parties that contributed to the accident, according to the degrees of their individual faults.
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You Must Adhere to the Statute of Limitations in Louisiana
Some people take a while to claim damages and end up forfeiting all right to do so. In Louisiana, a lawsuit must be filed within one year of the accident under CC Art. 3492. If the victim does not file before this deadline ends, the courts would often throw the case out. However, there are cases involving minors and the mentally ill that would recover an extended timeline.
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What You Need to Know About Our Law Firm
Laborde Earles Injury Lawyers is at the forefront of the fight for fair compensation for rideshare accident victims in New Orleans. Our team is in touch with rideshare accidents’ complex issues and challenges and has been helping injured people and their families recover from their losses.
With over a hundred years of combined experience, ours is a name that has become synonymous with sincere, compassionate service and success in the realm of personal injury law. Our past clients have left reviews in support of our representation, including the following:
“Thank you for taking your time out with every single client that come across your desk. Also, a special thanks to the staff, so genuine and professional staff. I had an WOW Experience and I want to thank you guys from the bottom of my heart.” – Robert R.
“This firm is staffed with caring attorneys and paralegals who go the extra mile for their clients. Their concern for their clients is genuine, heartfelt and reassuring. I highly recommend this firm.” – Randal W.
Work With a Rideshare Accident Attorney
With the intricate nature of ridesharing and the formidable obstacle of profit-driven insurance companies, filing an injury claim without a lawyer can be risky. Your attorney can build an airtight case and plug any holes that the defendant’s lawyer might drill during the negotiation or trial.
Our lawyers serving New Orleans can fight for you in court if the insurance company does not settle fairly after your rideshare accident.
Call Our Team for a Free Consultation About Your New Orleans Accident
If you sustained injuries after a rideshare accident, you could consult with Laborde Earles Injury Lawyers for free. The sooner you do this, the more time you and your lawyer have to prepare and pull your case together.
Call us at (504) 777-7777 today. We are waiting to hear your story.
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