Partner at AKD Lawyers
Practice Areas: Personal Injury
Rideshare services like Uber and Lyft are used daily throughout New Orleans, especially in busy areas like the French Quarter, the CBD, and the surrounding neighborhoods. With so many vehicles on the road, accidents involving rideshare cars have steadily increased. These incidents often lead to confusion because liability, insurance coverage, and passenger protections work differently than in a standard car crash.
If you were involved in a collision during a rideshare trip, understanding how these rules apply is important. A New Orleans rideshare accident lawyer can help explain how Louisiana’s laws and insurance thresholds shape these situations. This guide breaks down how rideshare accidents happen, how fault is determined, and what state law says about insurance coverage, passenger rights, and important deadlines.
How Rideshare Accidents Occur in New Orleans
New Orleans has busy streets, heavy tourism zones, and unpredictable traffic patterns. Rideshare drivers often work long hours, navigate unfamiliar streets and rely on their apps constantly. These factors contribute to accidents involving Uber or Lyft vehicles.
Some common causes include:
- Distracted driving due to navigation apps
- Speeding to reach pick-up or drop-off points
- Congested areas like the French Quarter or CBD
- Other motorists creating sudden hazards
A rideshare accident includes any collision involving a vehicle operating on an Uber or Lyft platform, whether the injured person is a passenger, driver or pedestrian. These incidents are unique because the driver’s app status affects which insurance policy applies and how claims are handled.
Liability in Uber and Lyft Accidents: How It’s Determined
Liability depends on who caused the crash and what the driver was doing at the time. Several parties may be involved, which makes responsibility more complex than in regular auto accidents.
Driver Negligence
If the rideshare driver caused the crash through speeding, distracted driving or unsafe actions, they may be considered at fault under Louisiana accident fault rules.
Third-Party Drivers
Many rideshare collisions are caused by another vehicle. In those cases, the at-fault driver’s insurance becomes the primary source of coverage.
Rideshare Company Involvement
Uber and Lyft classify drivers as independent contractors. This limits when the company itself may be responsible. However, claims may involve the company if the situation connects to poor driver vetting or safety-related issues.
Louisiana’s pure comparative fault rule under Civil Code Article 2323 reduces compensation based on each person’s percentage of fault.
Liability is also influenced by whether the passenger followed safety expectations, such as wearing a seatbelt or entering the vehicle safely.
Louisiana Rideshare Insurance Rules Explained
Rideshare insurance is structured around the driver’s status in the app. This is one of the most important parts of any rideshare claim because coverage changes at each phase of a trip.
Insurance Coverage Table
|
Driver Status |
Coverage Summary |
Key Notes |
| App off | Personal auto insurance only | Rideshare insurance does not apply |
| App on, waiting for request | Limited liability coverage | Applies only when driver is available for trips |
| En route to passenger | Up to $1 million liability | Stronger protection once a ride is accepted |
| Trip in progress | Up to $1 million liability plus possible UM/UIM | Covers passengers during the active ride |
These rules come from Louisiana’s Transportation Network Company law.
Act No. 286 (2019) established statewide regulations for Uber and Lyft drivers, including required insurance minimums at each trip stage.
Note that personal insurance may not apply if the driver was logged into a rideshare app, and some carriers exclude rideshare activity altogether.
Passenger Rights and Responsibilities After a Rideshare Accident
Passengers have several rights when an accident occurs during a rideshare trip, but they also play a role in documenting the incident properly.
Your Rights in a Rideshare Crash
- You can report the accident directly in the Uber or Lyft app.
- You can request trip details and ride confirmation data.
- You can seek medical evaluation even if injuries seem minor.
Passengers may also benefit from uninsured or underinsured motorist coverage under the rideshare platform when another driver causes the crash.
Practical Responsibilities
Passengers should focus on gathering clear information, such as photos of the scene and details of everyone involved. This helps clarify liability later and supports any insurance process.
Louisiana Laws That Affect Rideshare Claims
Rideshare accident claims operate under several important Louisiana laws. Understanding these rules helps clarify deadlines and the overall claims process.
Louisiana Civil Code Article 3492 sets a one-year deadline to file personal injury claims, including Uber and Lyft accidents.
This is one of the shortest filing windows in the country, so acting quickly matters. In addition to the statute of limitations, the state’s comparative fault standard (Article 2323) influences how compensation may be calculated. Even passengers may receive reduced compensation if their actions contributed to the accident in any measurable way.
TNC guidelines from Act No. 286 also define insurance levels and driver requirements during rideshare operations.
Steps to Take After an Uber or Lyft Accident in Louisiana
The moments after an accident can feel overwhelming, especially when you’re not the driver. Following a clear set of steps helps protect your health and ensures accurate documentation.
- Get Medical Attention- Injuries like whiplash or soft-tissue pain may take time to appear. A medical evaluation helps create a clear record.
- Report the Crash in the App- Both Uber and Lyft have in-app reporting tools that create official logs and notify the company’s insurance carriers.
- Gather Evidence- Photos, videos, witness information and screenshots of the trip details are helpful. These details support the rideshare claim process.
- Keep Documentation- Save all receipts, medical notes and communication related to the incident.
These steps improve clarity during any insurance evaluation.
Common Challenges in Rideshare Accident Cases
Rideshare accidents often involve obstacles that do not appear in regular auto crashes.
Some of the most common issues include:
- Disputes over whether the driver was logged into the app
- Questions about which insurance policy applies
- Missing or unclear trip records
- Confusion surrounding UM/UIM coverage
- Conflicting statements about fault
These challenges often relate to app data and insurance timing rules, which are central to rideshare claims in Louisiana.
FAQs
How does liability work when another driver causes the rideshare crash?
Liability usually falls on the at-fault driver’s insurance, and rideshare coverage may supplement the claim depending on the driver’s app status during the accident.
What if personal insurance conflicts with rideshare insurance?
The app status controls which policy applies. Personal insurance may deny coverage, while rideshare insurance activates only when the driver is available or completing a trip.
Does comparative fault apply to passengers in rideshare accidents?
Yes. Louisiana’s comparative fault rules can reduce compensation if passenger actions, such as not wearing a seatbelt or unsafe exiting, contributed to the injuries.
Can passengers access trip data after a rideshare crash?
Yes. Passengers can view trip details in the app, which helps clarify timing, routes, and events when reporting the accident or navigating insurance discussions.
Conclusion
Rideshare accidents in New Orleans can involve several layers of responsibility, from driver conduct to Louisiana’s rideshare insurance rules. Understanding how coverage works, what rights passengers have and how state laws apply makes the process more manageable. The sooner the situation is documented and evaluated, the clearer the next steps become.
If you were involved in an Uber or Lyft accident and want clarity on your options, Alvendia, Kelly & Demarest Law Firm can explain how Louisiana’s laws apply to your situation. Reach out to schedule a free consultation.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
