Legal Options Following a Rideshare accident in Lafayette (19459000)
Uber and Lyft, ride-sharing services that offer an alternative to taxis and private vehicles in Lafayette have revolutionized transportation. These services are used by thousands of locals and tourists to get around the city. They also use them to travel from and to the airport, to attend events on Jefferson Street or to visit the Cajundome. Rideshare accidents are different from car accidents in that they create a unique legal situation. When drivers are operating under the umbrella of rideshare, questions about compensation, liability and insurance coverage become more complex.
Rideshare accidents may have multiple insurance policies, with different coverage depending on if the driver was waiting to accept ride requests, or en route for passengers. Knowing your options following a Lafayette rideshare crash requires familiarity with Louisiana laws, knowledge of rideshare policies and an understanding of specific factors that will determine the insurance coverage applicable to you.
Understand how rideshare insurance coverage works
Insurance coverage for rideshare collisions is unique because it depends on the actions of drivers at the time.
There are three phases of rideshare coverage
Rideshare insurance is divided into phases depending on the driver’s status.
The first phase occurs when drivers have logged in to rideshare apps, but not yet accepted any ride requests. In this phase, the rideshare company provides limited liability insurance, usually $50,000 for each person, $100,000 for an accident, and $25,000. This coverage is only available if the drivers’ own insurance does not cover any accidents.
Phase 2 starts when drivers accept requests for rides and continues up until the passengers get into vehicles. During this period, Uber and Lyft provide substantially higher coverage, at least $1 million in liability coverage for third-party injuries and damages, plus uninsured/underinsured motorist coverage.
This phase covers passengers in the vehicle. The coverage includes a $1,000,000 liability limit, as well as first-party collision coverage and comprehensive coverage of drivers’ cars (subjected to deductibles).
It is important to know which insurance phase your accident falls under in order to determine the coverage available.
Complicated Personal Insurance Policies
Most personal auto policies exclude accidents that occur during commercial activities, such as ridesharing.
These exclusions can prevent personal auto insurance policies from covering accidents that occur in Phase 1. This leaves only rideshare coverage for those who are involved in an accident during this phase.
The coverage gap in Phase I can be a major obstacle for those injured who are trying to get adequate compensation.
Multi-Policy Insurance in play
Rideshare accidents often involve multiple potentially applicable insurance policies including the rideshare driver’s personal auto insurance, the rideshare company’s commercial policy, other drivers’ insurance if they caused accidents, and your own uninsured/underinsured motorist coverage.
Louisiana Insurance Law, policy wording, and accident circumstances must be carefully analyzed to determine which policies are applicable and in what sequence.
Legal options for different rideshare accident scenarios
The legal options you have will depend on how you were injured and the person who was responsible.
What to Expect as a Passenger on a Rideshare
You have a strong legal position if you are a rideshare user injured in an accident.
You can sue rideshare drivers who caused an accident through negligence and also the $1 million in commercial insurance policies of rideshare companies. You can sue the at-fault driver’s insurance as well as rideshare policies if other drivers cause accidents when you are a passenger.
Louisiana law protects passengers from claims of comparative negligence, since they are not typically responsible for the way vehicles are driven.
If you’re driving another vehicle
Your options will depend on whether the rideshare driver was at fault. You can seek compensation if rideshare drivers are at fault for an accident. This may be through their personal insurance or, depending on when the rideshare service was launched, from the commercial policy of the rideshare provider.
In order to determine which type of insurance is applicable, it’s important to know what drivers were doing when they collided.
This information can be difficult for rideshare providers.
What to Expect as a Shared Ride Driver
Depending on the type of accident and who was at fault, rideshare drivers have different options. If other drivers caused accidents, you can pursue claims against at-fault drivers’ insurance while potentially accessing rideshare uninsured/underinsured motorist coverage. You have limited options if you are at fault for an accident, but you may be able to access personal injury coverage and medical payments – assuming your policy offers it.
Although understanding car accident laws is helpful, rideshare coverage requires specialized knowledge.
If You Are a Pedestrian Or Cyclist
If a rideshare vehicle strikes a pedestrian or cyclist, they can file redress against the driver and possibly against their rideshare insurance company depending on how well-qualified that driver is. Louisiana’s laws on contributory negligence may limit your recovery in the event that you were at fault for an accident, but cyclists and pedestrians have strong cases when they are struck by vehicles.
Establishing liability in rideshare accidents
It is important to determine fault in order to pursue compensation, regardless of the role you played in an accident.
The most common causes of rideshare accidents
There are many reasons why ridesharing accidents happen. Many of them have to do with the driving style. Distracted driving is a common problem, especially when using GPS or apps to check for rides. The dangers of driver fatigue are caused by long hours spent chasing earnings targets. Accidents are caused by aggressive driving and speeding to maximize earnings and complete as many rides as possible. Accidents can occur when you are unfamiliar with the area and make sudden lane or turn changes while following GPS instructions.
To prove that drivers of ride-sharing apps are negligent, you will need to examine police reports, testimonies, and, in some cases, data collected from the ride-share app itself.
Finding Critical Evidence
To build a strong case for liability, you will need to gather comprehensive evidence, including the police report, photos of damage and road conditions and accident scenes. You may also want to collect witness statements, such as those from pedestrians or other drivers nearby, data collected by rideshare apps, which shows driver information and details about trips, and records on cell phones that could show distraction.
The rideshare company does not voluntarily share app information that shows driver status and trip details.
This evidence is often only available through formal legal procedures, such as subpoenas and discovery during litigation. This evidence can be obtained by securing rideshare assistance for car accidents in Lafayette.
Rideshare Company investigations: How to handle them
Uber and Lyft investigate reported accidents.
These investigations are conducted to safeguard the company’s interests, not determine fault. Although companies may temporarily deactivate driver accounts while they conduct investigations, this does not necessarily mean that the findings are favorable.
Do not rely solely on the investigations of rideshare companies to protect your rights. Separately conduct independent investigations, and keep evidence.
How to File an Insurance Claim After a Rideshare Accident
Insurance claims following accidents involving rideshare vehicles are complicated.
What Insurance Covers You?
It is important to determine which policies will cover the accident. It is important to determine the status of the rideshare driver at the time the accident occurred, as well as whether or not other drivers are at fault.
You will also need to know what insurance limits and primary coverage you have.
The insurance companies are often in disagreement over which policy applies. Each company argues that another coverage should take precedence. This can cause claims to be delayed significantly.
Rideshare Insurance Adjusters: How to Deal with Them
You’ll be dealing with Uber or Lyft adjusters when rideshare insurance is applicable.
They are professionals with years of experience who know how to minimize payouts. These adjusters may question the severity of your injuries and their cause, dispute that you are the driver to claim lower limits, make quick offers before you fully understand how serious you injury is, or record statements against you.
Avoid signing any authorizations or recording statements without consulting a lawyer.
Louisiana’s Comparative Fault System
Louisiana has a system of pure comparative negligence, which means that your compensation is reduced by the percentage you are responsible for.
However, you may still be able to recover if you have been partially at fault. The insurance companies use comparative negligence to lower payouts.
If you were to suffer $100,000 of damages, but found 20% responsible, then your compensation would only be $80,000.
To maximize compensation, it is important to protect against false accusations of fault.
Different types of compensation are available
When evaluating settlements and litigation, it is important to understand the potential compensation.
Economic Damages
Medical expenses, including hospitalization, surgeries, medication, and continuing care, are included in the quantifiable losses. Loss of wages is compensation for the income lost as a result of injury-related absences. Loss of earning capacity is the reduction in future earnings due to permanent impairment. Damage to property includes vehicle repair or replacement, and personal items damaged.
It is easier to establish these damages through receipts and bills. However, disputes can still occur over the necessity of expenditures and their reasonableness.
Economic Damages
Louisiana law permits recovery of intangible damages, including past and continuing pain, mental distress, loss of enjoyment, permanent disfigurement, or disability.
The non-economic damages often make up the majority of settlements or verdicts for serious injuries.
Documentation of the impact on your life is important to support these claims.
Punitive Damages
Louisiana does not allow punitive damage in cases of ordinary negligence. In cases of drunk driving or deliberate misconduct, however, there may be exemplary damages available. They are intended to punish the wrongdoers, deter future misconduct and not compensate victims.
Lafayette Rideshare accidents: Special considerations
Rideshare accidents in Lafayette are affected by certain factors that are unique to Louisiana and Lafayette.
Local traffic patterns and accident hotspots
Rideshare crashes are a particular risk in Lafayette due to its traffic patterns. Rideshares are common in areas with high traffic, especially during special events and weekends.
Jefferson Street in downtown Lafayette and the surrounding entertainment district are a hub of rideshare activity, particularly during nighttime hours and festivals. Accidents can occur when the Cajundome is crowded during special events.
In these situations, there are unique hazards such as pedestrian traffic, parking problems, and congestion, which can affect the determination of liability.
Louisiana Statute of Limitations
Louisiana has a prescriptive one-year period from the accident date for personal injury claims. It is much shorter than the statute of limitations in most other states. If you miss this deadline, your claim is usually permanently barred.
It is important to act quickly in this short period of time. Within a year, you must investigate accidents, treat injuries and pursue claims.
The Importance of Uninsured motorist coverage
Louisiana law requires insurers to offer uninsured/underinsured motorist coverage equal to liability limits, though you can reject it in writing.
Due to the coverage gaps of rideshare policies and underinsured motorists, it is important that you maintain UM/UIM on your own policy.
Your own UM/UIM insurance may be your best option if the rideshare driver was in Phase 1, with limited coverage, when an accident occurred.
Why You Should Seek Legal Representation
Many situations, even minor ones, require legal help. If you need ongoing medical treatment or if your injuries are severe, consider hiring an experienced attorney. This is especially important if the insurance company denies coverage or offers inadequate settlements.
Lawyers with experience in rideshare accident cases can be of great value. They investigate accidents, gather evidence that insurance companies will not voluntarily give, determine which insurance policies apply, handle all communication with the multiple insurance companies involved, estimate claims accurately, including future damages and negotiate from a position of strength.
The majority of personal injury lawyers work on contingency fee basis, which means you don’t pay anything unless you receive compensation. The arrangement allows you to get quality legal representation even if your medical bills or lost income are high.
How to Protect Your Rights Following a Lafayette Rideshare accident
Louisiana’s laws are strict and have deadlines that must be met. Rideshare accidents can create complicated legal situations. Understanding your legal rights is important for obtaining compensation and protecting your rights, whether you are a rideshare passenger, another motorist, pedestrian or driver. Insurance companies may try to reduce your claim by taking advantage of the rideshare insurance’s complexity. You must act quickly to preserve the evidence and seek all compensation available for injuries and loss within Louisiana’s prescribed one-year period.
Mark Scott is the author.
Mark Scott, who has a law-degree under his belt understood early on that the area of law communication had been neglected. Mark Scott decided to “translate” and offer information and advice that was clear, useful, and practical. You will find him online as a very successful and active legal columnist, rather than in court.
To make the world better, he wants to simplify the legal system. His goal is to help people understand how and when to get legal advice, as well as how to handle a wide range of legal issues.
