Robichaux Law Firm, LLC

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(504) 332-8188

Robichaux Law Firm, LLC

A responsible rideshare company will carry very high policy limits because auto accidents can result in very severe injuries, including death and paralysis. In Louisiana, a motorist must carry at least $15,000 of liability coverage. Many people carry more, but it’s not uncommon to see such low limits covering the vehicle and the driver that’s at fault for an accident. Rideshare companies often carry higher insurance amounts, but this varies depending upon whether the rideshare operator is on duty, off duty, and actually has a passenger in the vehicle.

Does It Impact My Personal Injury Case If The Driver Of My Rideshare Vehicle Was At Fault?

A passenger’s personal injury case will be impacted by whether or not the driver of a rideshare vehicle was at fault. In Louisiana and many other states, a comparative fault doctrine applies, which means that more than one driver can be at fault for an accident. This is a determination that is usually made by the jury. The jury could find each party 50 percent at fault, or find one party 90 percent at fault and the other party only 10 percent at fault. If the rideshare driver is 100 percent at fault, then the claim is going to be against that rideshare driver.

What Are My Options For Filing A Claim Or Lawsuit If I Was Hit By A Rideshare Driver?

If a pedestrian or person in another vehicle was struck by an at-fault rideshare driver, then they are going to be able to file a lawsuit to recover their damages. If the passenger in a rideshare vehicle is injured as a result of an accident for which their rideshare driver was at fault, then they should be able to file a lawsuit to recover their damages. However, the app that they signed up for in order to utilize the rideshare services might have included terms and conditions that will require them to submit claims to arbitration rather than go through the regular litigation process.

How Is Liability Determined In A Rideshare Accident Case?

Liability in a rideshare accident case is based on the facts of the accident. If a rideshare driver simply rear-ended another vehicle, then they’re going to be at fault. If the rideshare driver claims they had the green light and the driver of the vehicle that they struck claims they had the green light, then there’s going to be a liability dispute which will probably have to be resolved at trial.

How Difficult Is It To Recover Damages In A Rideshare Accident Case?

There is difficulty in recovering damages in any accident because it must be shown that the other driver was at fault and that the injuries sustained were indeed a result of the accident. Oftentimes, there is an additional burden placed on the person trying to recover damages in that they may be required to go through an arbitration proceeding.

What Information Should I Try To Collect From The Rideshare Driver After An Accident?

An individual should not try to conduct their own investigation after an accident with a rideshare driver. Instead, they should call the police and make sure that a police report gets completed. If for some reason the police cannot respond or the rideshare driver will not agree to wait around for a police report, then an individual should try to write down the driver’s name and address, and the vehicle’s make, model, year, and license plate. If possible, they should also take pictures of the person’s driver’s license, registration papers, insurance papers, vehicle damage, and license plate.

Should I File A Lawsuit Against The Company, The Driver, Or Both?

Usually, the lawsuit is filed against the company and the driver because there could end up being a dispute as to whether or not the driver is an independent contractor or an employee of the company. If a claim is filed against both, then the injured party will have covered both defendants.

What Are Some Common Insurance Issues Involved In Rideshare Accident Cases?

Common disputes in rideshare accident cases involve what insurance company and/or policies are primary and which are secondary. Additional insurance issues include what amount of coverage was in effect at the time of the accident.

Can I File A Personal Injury Auto Accident Claim If I Was The Rideshare Operator?

A rideshare operator has the same rights as any citizen to file a claim or a lawsuit against another vehicle operator who caused the injury.

Will My Own Insurance Help Pay My Damages If I Am Injured In A Rideshare Accident?

Whether or not an injured person’s own insurance company will pay for damages they sustained in a rideshare accident will depend on the type of coverage the insurance policy contains. If the individual paid for medical payments coverage when they purchased the insurance policy, then their insurance company will assist in paying the medical bills. Insurance companies will often file a right of reimbursement or subrogation against the insurance company that’s ultimately responsible.

For more information on Insurance Coverage For Rideshare Companies, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 332-8188 today.

Robichaux Law Firm, LLC

Call Now To Receive A Free Legal Evaluation
(504) 332-8188