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 New Orleans 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.

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.
  • Causation: The injury would not have occurred had that duty of care been fulfilled.
  • Breach of that duty: The rider failed to fulfill that duty of care.
  • 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.

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 two years 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.

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Elizabeth Lachney I absolutely hands down the best. She is very professional, knowledgeable and most importantly she is very respectful. She is one re...

Elizabeth Lachney I absolutely hands down the best. She is very professional, knowledgeable and most importantly she is very respectful. She is one reason why we use Laborde Earles Law Firm. They make you feel like family!

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Tiffany Bardwell

New Iberia

Jordan is a wonderful paralegal very sweet and helpful good job very professional hold on to her she is a asset to your firm hard worker. Thank you fo...

Jordan is a wonderful paralegal very sweet and helpful good job very professional hold on to her she is a asset to your firm hard worker. Thank you for all your hard work to all the people working on our case.

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I was very pleased with the attention and detail that was given by Karely with Laborde Earle’s Injury lawyers. She answered all of my questions ...

I was very pleased with the attention and detail that was given by Karely with Laborde Earle’s Injury lawyers. She answered all of my questions and concerns, and her professionalism was top notch. Her phone etiquette, and calm and caring attitude was outstanding.

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Jourdan is an outstanding paralegal! She is knowledgeable, organized, and truly cares about the clients she works with. Every interaction I’ve h...

Jourdan is an outstanding paralegal! She is knowledgeable, organized, and truly cares about the clients she works with. Every interaction I’ve had with her has been positive — she takes the time to explain things clearly and makes the process much less stressful. Laborde Earles Law Firm is lucky to have someone like Jourdan on their team. I would highly recommend both Jourdan and the firm to anyone looking for trustworthy and reliable legal support.

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Working with Toni Stelly has been a great experience. She is compassionate and listens to me when I have a concern or need some information. Toni is q...

Working with Toni Stelly has been a great experience. She is compassionate and listens to me when I have a concern or need some information. Toni is quick to respond to my questions and gets things done!! Good experience working with this firm.

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kelly

Lake Charles

I highly recommend Derek Hebert to anyone in need of a skilled and trustworthy attorney. From the very beginning, Derek was professional, honest, and ...

I highly recommend Derek Hebert to anyone in need of a skilled and trustworthy attorney. From the very beginning, Derek was professional, honest, and incredibly responsive. He took the time to explain every step of the process in clear terms and always made sure I felt informed and supported.

His attention to detail, strong communication, and genuine dedication made a stressful situation much easier to navigate. Derek went above and beyond to achieve the best possible outcome, and I’m truly grateful for his hard work.

If you’re looking for an attorney who is knowledgeable, reliable, and truly cares about his clients, Derek Hebert is an outstanding choice.

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Courtney Marsh is professional and passionate about her clients! Her communication skills are top notch and she has been amazing to work with! She is truly a blessing!

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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 today. We are waiting to hear your story.

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