Uber Accident Lawyers

UBER AND LYFT ACCIDENTs

INFORMATION AND WHAT TO DO.

Ride sharing companies have made headlines many times in the since their beginning – and not always for good news. Lyft & Uber drivers have been at the center of dozens of accident reports, both as victims and as at-fault parties. When you step into a Lyft or an Uber, you don’t expect to step out in a stretcher. If you’ve been in a car accident involving a Lyft or Uber driver while in Louisiana, don’t hesitate to seek a personal injury attorney’s help at Murphy Law Firm. This includes if you are a Lyft or Uber driver, passenger, other vehicle driver, bicyclist, or pedestrian. 


Are Uber or Lyft Cars Registered as Commercial Vehicles?

No, drivers participating in rideshare apps do not have to register or insure their car as commercial vehicles. Even though they provide taxi-like services that enable passengers to arrange rides on short notice using a smart phone phone app, they are exempt from following the same guidelines and regulations. The argument made by the two companies is that taxi drivers normally spend around 70,000 miles annually on the road whereas most Uber and Lyft drivers are part-time, so their cars are used much less. Recently, it has been reported that more rideshare drivers are now full-time placing them on the road equally as much as taxi drivers. Recently bills have been signed into law that have regulated the way app-based companies like Uber and Lyft operate and are insured.

  • A rideshare driver, or the company itself on the driver’s behalf, needs primary automobile insurance that recognizes the driver as a TNC driver who uses the automobile for commercial purpose.
  • The required coverage amounts when a driver is transporting a customer is at least $1 million death and primary automobile liability insurance, which meets the minimum requirements of limousine driver.

Are Lyft Drivers Screened?

Uber and Lyft drivers are screened for things like a safe driving record and serious criminal charges. The requirements are name, date of birth, social security number, driver’s license number, and a copy of their driver’s license.


Steps to Take After a Ridesharing Accident

After any type of car crash, always take care of your personal health and safety first.

  • Make sure your Lyft driver stops and remains at the scene until it’s okay to leave.
  • Get out of the roadway (or instruct your Lyft driver to) and get to a safe place.
  • Assess yourself for injuries first, and then check the Lyft driver and other parties involved for injuries.
  • Call the police if anyone is hurt or killed or if there is property damage in excess of $500.
  • Remain calm and wait for authorities to arrive.
  • Talk to the police, giving your side of the story and sticking to facts. The police should gather information such as the Lyft driver’s name, description of the vehicle, location of the crash, and the names of any eyewitnesses.
  • Get out of the roadway and get to a safe place.
  • Assess yourself for injuries first, and then check the Lyft passenger(s) and other parties involved for injuries.
  • Call the police if anyone is hurt or killed or if there is property damage in excess of $500.
  • Remain calm and wait for authorities to arrive.
  • Talk to the police, giving your side of the story and sticking to facts. The police should gather information such as your name, the Lyft passenger name(s), description of the vehicle, location of the crash, and the names of any eyewitnesses.

Lyft’s insurance company adjusters should contact you within a few days of filing your report. Lyft maintains a $1 million insurance policy to cover passenger damages. The company’s insurance will only pay your damages if you were logged into the driver app at the time. You will be eligible for different levels of coverage depending on what phase of the ride you were on. If you need help negotiating with Lyft’s insurance company, get in touch with our Baton Rouge car accident lawyers.


Our Car Accident Lawyer Can Help

Lyft and Uber accidents can quickly escalate into complex legal matters. Lyft or Uber may deny your claim because the company alleges your own fault for the car crash or for some other reason that doesn’t seem to fit your situation. Lyft’s insurance might not cover all of your damages. An at-fault third party could present the opportunity to sue for damages. The best way to sort through all your potential options for financial recovery is with help from a Baton Rouge personal injury lawyer.

Murphy Law Firm, has years of experience handling all types of car accident claims. Since the advent of Lyft, Uber, Sidecar, and other rideshare services, we’ve been fast to offer our personal injury expertise to rideshare accident victims throughout Louisiana. We aren’t afraid to go up against Lyft’s insurance company, private insurers, product manufacturers, and other parties in pursuit of fair compensation. Get more information about your recent Lyft accident during a free case evaluation with our team.

§866.  Compulsory motor vehicle liability security; failure to comply; limitation of damages

A.(1)  There shall be no recovery for the first fifteen thousand dollars of bodily injury and no recovery for the first twenty-five thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security.

(2)  For purposes of this Section, the meaning of “bodily injury” and “property damage” is governed by the applicable motor vehicle liability insurance policy or, in the event of security other than an insurance policy, the meaning of such terms is that which is commonly ascribed thereto.

(3)(a)  The limitation of recovery provisions of this Subsection do not apply if the driver of the other vehicle:

(i)  Is cited for a violation of R.S. 14:98 as a result of the accident and is subsequently convicted of or pleads nolo contendere to such offense.

(ii)  Intentionally causes the accident.

(iii)  Flees from the scene of the accident.

(iv)  At the time of the accident, is in furtherance of the commission of a felony offense under the law.

(b)  The limitation of recovery provisions of this Subsection do not apply if at the time of the accident, the other vehicle is not being operated and the vehicle is not in violation of the provisions of Chapter 1 of this Title.

B.  Each person who is involved in an accident in which the other motor vehicle was not covered by compulsory motor vehicle liability security and who is found to be liable for damages to the owner or operator of the other motor vehicle may assert as an affirmative defense the limitation of recovery provisions of Subsection A of this Section.

C.  If the owner of a motor vehicle, who fails to own or maintain compulsory motor vehicle liability security, institutes an action to recover damages in any amount, regardless of whether such owner or operator is at fault, and is awarded an amount equal to or less than the minimum amount of compulsory motor vehicle liability security, then such owner or operator shall be assessed and held liable for all court costs incurred by all parties to the action.

D.  Each person who applies for a driver’s license, registers a motor vehicle, or operates or owns a motor vehicle in this state is deemed to have given his consent to be subject to and governed by the provisions of this Section.  All persons who apply for the issuance or renewal of a driver’s license, motor vehicle title, or motor vehicle registration shall sign a declaration on a form developed by the Department of Public Safety and Corrections pursuant to rule and regulation that the person acknowledges and gives consent to the requirements and provisions of this Section and that the person will comply with all provisions of this Section and the Motor Vehicle Safety Responsibility Law.  Proof of whether the person obtained or signed such declaration is irrelevant to the application of this Section.

E.  Nothing in this Section shall preclude a passenger in a vehicle from asserting a claim to recover damages for injury, death, or loss which he occasioned, in whole or in part, by the negligence of another person arising out of the operation or use of a motor vehicle.  This Subsection shall not apply to a passenger who is also the owner of the uninsured motor vehicle involved in the accident.

F.(1)  Notwithstanding any provision of law to the contrary, no insurer shall lose any rights of subrogation for claims paid under the applicable insurance policy for the recovery of any sum in excess of the first fifteen thousand dollars of bodily injury and the first twenty-five thousand dollars of property damages.

(2)  In claims where no suit is filed, the claimant’s insurer shall have all rights to recover any amount paid by the claimant’s insurer on behalf of the insured for the recovery of any sum in excess of the first fifteen thousand dollars of bodily injury and the first twenty-five thousand dollars of property damages.

G.(1)  Except for newly acquired vehicles added to a policy subject to the policy terms, the issuance, change, or adjustment of any motor vehicle liability security or insurance policy subsequent to a motor vehicle accident, without proof of coverage having been bound prior to such motor vehicle accident, shall not effectuate any of the following:

(a)  The recovery for injury or damages that are otherwise prohibited under this Section.

(b)  The defeat of any affirmative defense otherwise allowed under this Section.

(c)  The avoidance of liability for court costs otherwise required under this Section.

(2)  Reinstatement provisions of a policy during the premium payment grace period specified in the policy shall not be invalidated by the provisions of this Section.

H.  The provisions of this Part shall not apply to any vehicle which is legally parked at the time of the accident.

Acts 1997, No. 1476, §4, eff. Sept. 6, 1998; Acts 1999, No. 1085, §1, eff. Jan. 1, 2000; Acts 2003, No. 532, §1; Acts 2008, No. 921, §1, eff. Jan. 1, 2010; Acts 2014, No. 149, §1.

NOTE:  See Acts 1997, No. 1476, §5(D)(2).  The rate reduction day was the date on which the judgment in the lawsuit became final, May 8, 1998.  Sections 2 through 4 became effective 120 days thereafter, Sept. 6, 1998.

Source

Art. 2323.  Comparative fault

A.  In any action for damages where a person suffers injury, death, or loss, the degree or percentage of fault of all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person’s insolvency, ability to pay, immunity by statute, including but not limited to the provisions of R.S. 23:1032, or that the other person’s identity is not known or reasonably ascertainable.  If a person suffers injury, death, or loss as the result partly of his own negligence and partly as a result of the fault of another person or persons, the amount of damages recoverable shall be reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury, death, or loss.

B.  The provisions of Paragraph A shall apply to any claim for  recovery of damages for injury, death, or loss asserted under any law or legal doctrine or theory of liability, regardless of the basis of liability.

C.  Notwithstanding the provisions of Paragraphs A and B, if a person suffers injury, death, or loss as a result partly of his own negligence and partly as a result of the fault of an intentional tortfeasor, his claim for recovery of damages shall not be reduced.

Amended by Acts 1979, No. 431, §1; Acts 1996, 1st Ex. Sess., No. 3, §1, eff. April 16, 1996.

source

Injured?

Call Now.

225-928-8800

Free Consultation

    This site is protected by reCAPTCHA and the
    Google Privacy Policy and Terms of Service apply.

    Murphy

    Law Firm

    2354 S Acadian Thruway

    Baton Rouge, LA 70808

    Proudly Serving Louisiana


    Thibodaux

    Slidell

    Opelousas

    New Iberia

    Morgan City

    Mandeville

    Livonia

    LaPlace

    Lake Charles

    Kenner

    Jennings

    Gretna

    Gueydan

    Grosse Tete

    Gramercy

    Eunice

    Crowley

    Covington

    Breaux Bridge

    Abbeville