If you’ve been injured in a rideshare accident in Louisiana — whether you were a passenger in an Uber or Lyft, another driver, a pedestrian, or even the rideshare driver yourself — you’re facing legal and insurance challenges that aren’t always straightforward. Rideshare crashes aren’t handled the same way as typical car accidents, and knowing your rights early can make a significant difference in the outcome of your case. Understanding which insurance policies apply and what steps you should take now is essential to protecting your ability to recover compensation.
How Does Insurance Work in an Uber or Lyft Accident?
Rideshare accidents in Louisiana involve additional layers of complexity compared to standard car crashes because multiple insurance policies and parties may be involved.
Uber and Lyft offer tiered commercial insurance, but only when the driver is actively using the app. Unlike regular car accidents, coverage depends heavily on the driver’s status at the time of the accident. There are three important driver statuses:
- App Off: Only the driver’s personal auto insurance applies, just like a regular car crash.
- App On, Waiting for a Ride: Limited rideshare coverage may apply.
- Ride Accepted or Passenger is in the Car: Uber/Lyft’s $1M commercial liability coverage may apply.
Who Is at Fault in a Rideshare Accident in Louisiana?
Determining fault in a rideshare accident can be more complicated than in a standard two-car crash because multiple parties may share responsibility. In Louisiana, fault is assigned based on each party’s actions leading up to the collision, and that percentage directly affects how much compensation you may recover.
Several parties may be at fault, including:
- The rideshare driver, if they were distracted, speeding, failed to yield, or were otherwise negligent.
- Another driver, if their actions were primarily responsible for the crash.
- Both drivers, if each contributed to the collision.
- A third party, such as a commercial vehicle, pedestrian, or even a roadway hazard created by a government entity.
Evidence such as the police report, witness statements, app data, trip logs, vehicle damage, and traffic-camera or dashcam footage are all tools that can help establish who is responsible.
How Fault Affects Your Uber/Lyft Injury Claim
Recent Change to Louisiana’s Fault Law
Because rideshare injury claims often involve multiple insurance carriers and competing versions of events, determining fault early and accurately is essential to protecting your case.
What Can You Recover in a Rideshare Accident
If you were injured in a rideshare accident in Louisiana, you may be entitled to recover compensation for both your financial losses and the physical and emotional impact of the crash. The value of your claim depends on the severity of your injuries, how long your recovery takes, how the accident affects your daily life, and how much fault (if any) is attributed to you. Most victims can pursue compensation for:
- Medical Expenses: This includes emergency care, hospital bills, follow-up appointments, imaging services, surgery, prescriptions, physical therapy, and any future medical treatments you may require.
- Property Damage: If you were driving your own vehicle at the time of the crash, you may recover the cost to repair your car or, if it is deemed a total loss, its fair market value. Insurance companies are not required to pay more than the vehicle’s fair market value, even if the actual cost to replace it is higher. You may also recover related expenses such as towing, storage fees, and rental-car costs while your vehicle is being repaired. Passengers may be eligible to recover compensation for personal items damaged in the crash, including phones, bags, and glasses.
- Lost Wages and Reduced Earning Capacity: If your injuries prevent you from working, whether temporarily or long-term, you can recover the income you lost, as well as compensation for any lasting impact on your ability to earn.
- Out-of-Pocket Expenses: This includes medication, medical supplies, transportation to appointments, childcare required during recovery, and other accident-related costs.
- Future Damages: Serious injuries may require ongoing medical care, household assistance, or long-term therapy. Your claim can include these projected costs.
- Pain and Suffering: This encompasses the physical pain, emotional distress, and reduced quality of life resulting from your injuries.
- Wrongful Death Damages: If a loved one was killed in a rideshare accident, eligible family members may seek compensation for funeral expenses, loss of financial support, loss of companionship, and the pain and suffering the victim endured before passing.
Immediate Steps to Protect Your Health & Claim After a Rideshare Accident
Ensure your safety and get medical attention.
Move to a safe location away from traffic and call 911 to report the crash and request medical assistance. Even if you don’t think you’re seriously hurt, you should still be evaluated by a medical professional as soon as possible. Many injuries, such as concussions, whiplash, and internal trauma, may not show symptoms right away. Prompt medical care protects your health and creates documentation that links your injuries to the crash, which is essential for your rideshare injury claim.
Click to contact our New Orleans Car Accident Attorney today
Get an official report.
Louisiana law requires reporting accidents involving injury, death, or significant property damage. A police report provides an official record of what happened and often includes details that become critical during the claims process. Be sure to cooperate with responding officers and get the report number before you leave the scene — you’ll need it when filing your claim.
Document the scene.
If you can do so safely, take photographs of:
-
- Vehicle positions and damage
- License plates
- The rideshare vehicle
- Road conditions, debris, or skid marks
- Nearby traffic signals or signage. Screenshot your Trip Details
Screenshot your Trip Details.
If you were a rideshare passenger, screenshot your trip details before they disappear, including the driver’s name, route, pickup and drop-off times, and the ride status shown in the app.
Report the crash through the Uber, Lyft, or rideshare app as soon as possible. The driver’s app status at the time of the accident, whether they were waiting for a ride request, en route to pick up a passenger, or actively transporting you, can determine which insurance policy applies.
Exchange Information.
Gather the names, contact information, and insurance details for all drivers involved, including the rideshare driver. If there are witnesses, ask for their names and phone numbers as well — their statements can be invaluable later.
Preserve All Accident-Related Records.
Insurance companies will look for any gaps or missing information to reduce what they pay, so it’s important to save every record connected to the crash and your recovery. Organized, consistent documentation helps prove the extent of your injuries, your financial losses, and how the accident has impacted your life. Keep copies of, or log, the following:
- Medical records and bills for all treatment related to the crash, including ER visits, follow-ups, imaging, prescriptions, and physical therapy.
- Proof of missed work or lost wages, including pay stubs or employer letters.
- Vehicle repair estimates, replacement costs, or rental car receipts.
- Receipts for out-of-pocket expenses, including medication, medical supplies, transportation to appointments, etc.
- Accident-related correspondence, including emails or letters to and from insurance companies and the rideshare platform.
- Your own notes documenting pain levels, symptoms, and how your injuries impact your daily life.
The more complete your records are, the harder it is for an insurer to dispute your claim, and the easier it is to pursue the full compensation you’re entitled to.
Common Mistakes and Challenges in Rideshare Injury Claims
After a rideshare accident, the steps you take and the mistakes you avoid can significantly impact your ability to recover compensation. At the same time, Uber and Lyft injury claims come with unique hurdles that can complicate your case. Here’s what to watch out for:
Mistakes to Avoid
- Delaying medical treatment. Waiting to see a doctor may allow insurers to argue that your injuries are minor or unrelated to the crash.
- Admitting fault or downplaying your injuries. Statements like “I’m fine” or apologizing at the scene can be used against you later.
- Accepting a quick settlement. Early offers are often far lower than what your claim is worth, especially before you know the full extent of your medical needs.
- Missing legal deadlines. If you wait too long to pursue your claim, the statute of limitations may prevent you from recovering anything.
Common Challenges in Rideshare Injury Claims
- Disputes over the driver’s app status. Insurers may argue the rideshare driver wasn’t “on duty” to avoid paying under the higher commercial policy.
- Delays accessing rideshare trip data. Key information, such as ride logs, timestamps, and driver status, may take time to obtain.
- Fading evidence or witnesses. Memories fade, and physical evidence disappears quickly, making early investigation critical.
How Morris Bart Can Help
Rideshare accidents demand a specialized approach. When you’re facing medical bills, lost income, pain, and uncertainty, you don’t want to go it alone. The rideshare accident attorneys at Morris Bart will:
- Investigate the accident, obtain the police report, rideshare logs, witness statements, and relevant data
- Work with medical experts to document and value your injuries
- Identify all insurance policies that may apply (driver’s personal policy, rideshare company commercial policy, other driver’s policy, your uninsured/underinsured motorist coverage)
- Fight with insurance companies on your behalf to make sure you aren’t undervalued or dismissed
- Guide you every step of the way while you focus on recovering
Don’t wait. If you’ve been injured in a rideshare accident in Louisiana, reach out to Morris Bart today. Let us help you get back on track and hold the responsible parties accountable.
Questions?Call (504)-613-4771
to find a Morris Bart office near you.
