New Orleans Uber and Lyft Accident Attorney
Posted on Jan 31, 2019 in Personal Injury
Uber, Lyft, and other rideshare services are great for a city like New Orleans. From cutting down on drunk driving, to connecting tourists and locals, services like Uber and Lyft make our city safer and more inviting.
With Mardi Gras right around the corner, rideshare services will be all over. We encourage you to use these services, to drink responsibly and never drink and drive.
But what happens when a passenger is injured in an accident while riding Uber or Lyft? Relatively speaking, rideshare services are still pretty new. The legality surrounding these types of car accidents can still raise a lot of questions.
For example, if a passenger is involved in an accident while riding in a taxi, the cab company’s insurance policy will likely cover any injuries. But Uber and Lyft drivers are independent contractors—so who will assume responsibility in the case of an accident?
At Bloom Legal, we’ve handled a number of Uber and Lyft accident cases. We get a lot of questions from our clients about these cases, such as:
- What should I do after getting in a Uber of Lyft accident?
- Do Uber and Lyft have insurance policies?
- Whose insurance will cover my injuries?
- How much is my rideshare accident settlement worth?
What should I do after getting in an Uber or Lyft accident?
- See a doctor
The first thing you should do after getting in an accident of any kind is make sure you are okay. If you are injured, take an ambulance from the scene of the accident or visit an emergency room as soon as possible.
Even if you don’t initially think you have suffered any injuries, you should visit a doctor soon after your accident. Some injuries may not manifest themselves immediately.
Your health is the most important thing to take care of following a car accident. You will also need a diagnosis and documentation from a medical professional if you choose to file a personal injury claim.
- Call the police
After any car accident, the police should be contacted as soon as possible. If you are able, contact them from the scene of the crime. The police will interview everyone involved in the accident. Their report may be a useful piece of evidence for your personal injury claim.
- Contact Uber or Lyft and your insurance company
You should also contact Uber or Lyft directly and notify them of the accident. You can report an accident directly through the Uber app. For Lyft, visit this webpage. Both companies have an accident claims department, available 24/7.
You also will likely want to contact your own insurance company. However, you should never discuss details of the accident or give any recorded statements to these companies. Otherwise they may try to use these against you in future proceedings.
In fact, the best thing to do, prior to contacting any insurance or rideshare company, is…
- Contact a personal injury lawyer
If you have been injured in an accident while riding Uber or Lyft, you deserve compensation for your injuries. Contact a New Orleans Uber and Lyft accident attorney to help you build your case and get you the money you deserve. They will help you build your case, and talk with the insurance companies and rideshare services on your behalf.
In matters of personal injury, the general rule of thumb is the sooner you get a personal injury attorney on your side, the better.
Do Uber and Lyft have insurance policies?
Both Uber and Lyft carry insurance policies to protect their drivers and passengers. However, a number of stipulations determine when these policies do or don’t come into effect.
For example, the insurance will only cover drivers in the middle of transporting a passenger at the time of the accident. If a driver is using the app and awaiting their next ride assignment when an accident occurs, the rideshare company’s policy may not cover them.
Both Uber and Lyft also carry Uninsured Motorist Policies. These plans protect both the driver and the rider from any injuries or damages caused by an uninsured third party.
Whose insurance will cover my injuries?
This is where it can get complicated. As with any car accident, it depends who is determined to be at fault. If your Uber or Lyft driver was responsible for the accident, then you will file a claim with their insurance. If another vehicle (or multiple vehicles) was responsible, then you’ll file against their insurance company.
You will likely want to file a concurrent claim with Uber or Lyft’s insurance provider as well. In some cases, you may receive compensation from multiple sources. However, the total amount of the compensation you receive, from however many sources, may not exceed to total value of your claim.
A rideshare accident attorney can advise you how to best proceed with your claim to ensure you get the full compensation you deserve.
There are a few other issues specific to rideshare car accidents.
- Many car insurance providers require their drivers to carry a specific type of coverage, known as rideshare insurance, if they are going to drive for Uber or Lyft. If they fail to do so, insurance companies may refuse to cover accidents or damages incurred while working for Uber or Lyft.
- Technically speaking, Uber and Lyft do not consider their drivers employees. They are contract workers. This factor can come into play when filing an insurance claim with Uber or Lyft.The company may deny responsibility by placing the blame on the driver, especially if they were at fault in the accident. In the case that your claim is denied by Uber or Lyft, you may want to sue the company directly.
- In some cases your own health insurance may cover some of your injuries. If you are later awarded a settlement from elsewhere, your initial coverage will be subtracted from your claim.
How much is my rideshare accident settlement worth?
As with all personal injury cases, calculating damages can be somewhat complex. Putting hard numbers to things like medical bills and damage to property is easy enough. But it can get complicated when trying to quantify pain and suffering, loss of quality of life, and more.
Check out these other posts for more info on calculating personal injury claims:
- How Are Pain and Suffering Calculated In a Louisiana Personal Injury Case?
- Personal Injury: Five Things to Know
Call Bloom Legal Today For a Free Consultation
The experienced Uber and Lyft accident attorneys at Bloom Legal have handled many cases of this nature. They can help you navigate the complex procedure of your claim and settlement.
Our attorneys will help you calculate your damages, gather evidence, and build your case.
Let our attorneys handle the insurance and rideshare companies for you. It may not come as much of a surprise, but these companies will often do all they can to keep from having to pay you. Our attorneys won’t back down and will fight for you to get the compensation you deserve. If necessary, we’ll sue and take them to court.
At Bloom Legal, your health, livelihood, and the wellbeing of your family are our top priorities. We know that an injury can have deep ramifications for many facets of your life. Call us today for a free consultation, and we’ll do everything in our power to help you through this difficult time and make sure you are fully compensated for your pain and suffering.