ROBERT P. CHARBONNET JR

Partner at Charbonnet Law Firm LLC

Practice Areas: Life Insurance Disputes

Uber and Lyft have changed the way people move around cities like New Orleans. These rideshare services are convenient and easy to use, but accidents still happen. When a crash involves a rideshare vehicle, things can get confusing. Who is responsible? Can you file a claim against Uber or Lyft? What kind of insurance applies?

This post breaks down the steps you should take after an accident, explains how liability works in Louisiana, and helps you understand how A ridesharing accident attorney can assist you in getting the money you could be entitled to.

What to Do Immediately After a Rideshare Crash

Accidents are overwhelming, especially if you’re a passenger or hit by a rideshare vehicle. But what you do in the first few hours can protect both your health and your legal rights.

Call 911 and File a Report

Always call 911, even if the crash doesn’t seem serious. Police will come to the scene and create an official report. This report includes essential facts—what happened, who was involved, and witness accounts—that can be used to support your claim.

Under Louisiana law, a driver must immediately report any traffic accident that results in an injury to any person, a death, or damage to property over $500.

Get Checked by a Doctor

Not all injuries show up right away. Whiplash, concussions, and internal injuries might not cause pain until hours later. Seeing a doctor ensures your injuries are correctly diagnosed and recorded. These medical records will help show the connection between the crash and your injuries.

Collect Evidence at the Scene

If it’s safe, take photos of your injuries, vehicle damage, road signs, skid marks, weather conditions, and anything else that might help tell the story of what happened. Write down what you remember and gather names and contact info for all drivers, witnesses, and passengers.

Collect Evidence

Report the Crash to Uber or Lyft

Both companies let you report accidents through their apps. You should do this to make sure their insurance provider is alerted and involved.

Louisiana Liability Rules for Uber/Lyft Accidents

Determining liability depends on what the Driver was doing at the time of the crash. Were they using the app? Had they accepted a ride? These questions matter because the insurance coverage changes based on their status.

Louisiana mandates a $1 million liability coverage for rideshare drivers during prearranged rides.

App Status and Insurance Coverage

App Status

Insurance Applies

Limits

App off (private use) Driver’s personal auto policy As per personal policy
App on, no ride accepted Rideshare contingent liability policy $50k BI/person, $100k BI/accident, $25k PD
Ride accepted, no passenger onboard Rideshare primary liability + UM/UIM Up to $1M
Passenger onboard Rideshare primary liability + UM/UIM Up to $1M

Who Can Be Held Liable?

More than one party can be responsible for a rideshare crash in Louisiana. It depends on the situation. If the rideshare driver was at fault—such as speeding or failing to yield—they may be held liable, and Uber or Lyft insurance could be triggered.

Another driver might be at fault, especially in multi-car crashes. Sometimes, both drivers share the blame. In rare cases, the rideshare company itself may be liable if they failed to screen the Driver or ignored safety complaints. Government entities could also share the blame if dangerous road conditions played a role.

Key Louisiana Laws and Legal Deadlines

Louisiana has a one-year deadline to file personal injury claims. If you miss it, you may lose your right to recover damages. The state also follows a comparative fault rule, reducing compensation based on your share of blame. Under the “No Pay, No Play” law, uninsured drivers may be barred from collecting the first $15,000 in damages—even if they weren’t at fault.

Common Injuries and What You Can Recover

Rideshare crashes can cause a wide range of injuries. Some of the most common include:

  • Whiplash and soft tissue injuries
  • Broken bones
  • Concussions and head trauma
  • Spinal cord injuries
  • Emotional distress and anxiety

The types of damages you can pursue include:

  • Medical bills (including future care)
  • Lost wages and reduced earning ability
  • Pain and suffering
  • Emotional and psychological harm
  • Property damage

The more serious your injuries are, the higher the potential compensation, but every case is different.

Why You Need a Rideshare Accident Lawyer in Louisiana

Claims involving Uber and Lyft are more complex than typical car crashes. Multiple insurance companies may be involved, and figuring out who is responsible isn’t always clear.

A skilled rideshare accident lawyer can help:

  • Investigate the crash and gather the necessary evidence
  • Identify all possible sources of compensation
  • Handle communication with insurance companies
  • Make sure deadlines are met
  • Take your case to court if a fair settlement isn’t offered

Trying to do all this alone while recovering from injuries can be stressful. An attorney can take that burden off your shoulders.

Frequently Asked Questions

What immediate steps should I take after an Uber/Lyft crash in Louisiana?

You should call the police, get medical attention, collect evidence from the scene, and report the crash to the rideshare company. It’s also helpful to talk to a lawyer before you speak to any insurance company.

Who is liable if the Uber driver wasn’t logged in?

If the Driver wasn’t logged into the app, they are considered off-duty. This means their car insurance is accountable for any harm or losses brought on by the collision.

What if the ride was booked, but the passenger hasn’t been picked up yet?

If the Driver accepted a ride but didn’t pick up the passenger, Uber or Lyft’s $1 million liability coverage typically applies. This includes protection for other drivers, pedestrians, or cyclists injured in the crash.

How much time do I have to file a claim?

You have one year from the date of the crash to file a personal injury claim in Louisiana. This deadline is strict, so it’s best to consult with a lawyer as soon as possible.

What types of damages can I recover?

You may be entitled to compensation for medical bills, lost wages, pain and suffering, emotional trauma, and property damage. The exact amount depends on the facts of your case and your injuries.

Conclusion

Rideshare accidents in Louisiana can leave you with serious injuries and complicated insurance questions. Understanding who’s responsible—and when Uber or Lyft’s insurance kicks in—is key to getting the compensation you deserve.

If you’ve been hurt in an Uber or Lyft accident, Charbonnet Law Firm, LLC is here to help. Our experienced legal team can explain your rights while you concentrate on getting better, engaging with the insurance company, and striving for a just outcome.

Let us guide you through the legal process and protect your future after a rideshare crash.

With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.

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