What you should do if an Uber or Lyft driver hits your car is generally the same as what you should do after any car accident in Lafayette. You will want to take inventory of your bodily injuries and other damages and determine who is liable for them. However, holding someone accountable in ridesharing cases may be more complex because multiple entities are involved.
You will need to navigate your case’s facts to determine if the driver, the rideshare company, or both may be liable for your damages. Then, you can proceed with an insurance claim or personal injury lawsuit. Due to the complexities of these cases, you may contact our firm for legal assistance.
What to Do at the Scene of an Uber or Lyft Accident
There are a few steps you should take at the scene to preserve your rights and collect evidence that may support your future rideshare accident claim or lawsuit.
Call the Police
Even if the motor vehicle accident was minor and caused minimal damage to your vehicle, a police report will come in handy when you are ready to pursue damages from the other driver.
For serious accidents that result in bodily injury, death, or more than $500 in property damage, drivers must report the accident to the local police, sheriff, or state police as required by RS 32:398.
Take Photographs of the Accident Scene
Use your phone or any available camera to take photos of the scene and the damage to your car. You may not remember exactly what happened later. Photo evidence can be used to reconstruct the accident or as a form of evidence in its own right.
Exchange Information with the Uber or Lyft Driver
Get the Uber or Lyft driver’s name, address, rideshare information, and personal auto insurance policy information. Whether the driver has coverage through personal insurance or Uber or Lyft depends on whether they were offline, actively driving for Uber or Lyft, or available for service.
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Insurance Coverage for Rideshare Drivers
If an Uber or Lyft driver hits you and they are deemed at fault for the accident, the rideshare company’s insurance may cover your damages. However, this depends on the at-fault driver’s status at the time of the collision.
Both Uber and Lyft provide insurance to rideshare drivers who are actively working. The coverage is similar for both services. However, the coverage value differs for drivers who are waiting for a request with the rideshare app on and drivers who are actively taking ride requests or driving passengers.
If the rideshare driver was offline and not driving for Lyft or Uber when the accident happened, you will need to look to their personal insurance for coverage.
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Who Can Seek Coverage After a Rideshare Accident?
You may generally seek coverage through insurance or a lawsuit if you:
- Were driving a vehicle that a rideshare driver struck
- Were a passenger in a vehicle that a rideshare driver struck
- Were riding in a rideshare vehicle when the driver caused an accident
- Were a pedestrian, bicyclist, scooter rider, or motorcyclist when a rideshare driver collided with you
You may also take action if your loved one passes away in any of the above circumstances. If you have any questions about taking legal action or filing an insurance claim, our firm can offer you a free case review.
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Do I Need an Accident Injury Lawyer for an Uber or Lyft Accident?
Everyone has the right to represent themselves in insurance claims and civil litigation. In legal terms, this is called pro se representation. However, before you decide to represent yourself, you should understand the possible consequences.
Any personal injury lawyer will tell you that insurance claims are not always easy, and lawsuits may be even more challenging. When you file a claim or lawsuit without a lawyer, you may anticipate:
- Spending significant time and effort investigating the case
- Researching complicated legal concepts, statutes, approaches, and terminology
- Managing all case-related communications (as you manage all other features of the case)
- Identifying and interviewing witnesses
- Dealing directly with insurance companies and attorneys for the defense who may have motives that run counter to your goals
- Negotiating for fair compensation
- Paying any case-related fees and expenses out of your pocket
Many accident victims are simply unwilling (or unable) to shoulder this amount of responsibility. Victims generally have many responsibilities already and may be dealing with injury-related restrictions and treatment demands. They would rather have an attorney handle their case than represent themselves.
An Attorney Will Face Your Case-Related Challenges So You don’t Have to
An attorney will handle most case-related challenges for you. They may face pushback from insurance companies that may try to withhold fair compensation. Your attorney may also need to secure evidence in the possession of a liable motorist or a rideshare company.
Your lawyer should handle as much of your case as possible. When you hire our firm, we’ll do just that. We’ll collect your account of events and speak with you about your damages. However, when it comes to the legal process, your case is our responsibility.
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How a Lawyer Can Help If an Uber or Lyft Driver Hits You
A lawyer from our team can help you in many ways after an accident with a rideshare driver. We can interview you, the Uber or Lyft driver, and any other witnesses to start building your case. In addition to taking statements, we may collect other evidence concerning the accident, such as video footage and police reports.
We can also collect evidence supporting the value of your claim. After an accident, you may be entitled to financial compensation for vehicle damage and medical expenses, such as:
- Emergency room visits
- X-rays
- Hospitalization
- Surgeries
- Therapy
- Prescription medications
Our team can gather vehicle repair bills, medical bills, and other receipts to demonstrate your damages. We can also file an insurance claim on your behalf, communicate with the rideshare driver’s insurance company, and negotiate a settlement. If the settlement offer does not adequately cover your expenses, our firm can file a lawsuit on your behalf.
Time Limits After a Crash with an Uber or Lyft Driver
If an Uber or Lyft driver strikes your vehicle, you generally have a limited time to seek damages through a lawsuit. In Louisiana, CC Art. 3492 sets the deadline for filing a personal injury lawsuit at one year from the accident. Additionally, CC Art. 2315.1 places a similar time limit on filing an action for wrongful death.
Once a year has passed, you generally lose your legal right to seek financial compensation for the accident. If you are unsure how to proceed, our accident lawyers are standing by to assist you.
Can You Afford a Lawyer for an Uber Accident Case?
Yes. Our attorneys work for contingency fees, which come from any settlement or judgment we win on your behalf. You will not pay us anything when we accept your case. Our team will pay for any investigations, experts, filing fees, and other case-related costs. If we secure compensation for you, we’ll receive a portion of the judgment or settlement. If we don’t win your case, we don’t receive anything.
If you’ve suffered harm because of someone’s negligence, you have a right to legal representation.
Contact Laborde Earles Injury Lawyers
Being involved in a car accident with a rideshare service vehicle can result in significant damage. However, you should be aware that you may be entitled to financial compensation if you’ve suffered economic or non-economic damages as a result of the accident.
Laborde Earles Injury Lawyers can walk you through what to do if your car was hit by an Uber or Lyft driver. Contact us today to get your free legal consultation.
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