Getting into an Uber accident is already stressful. But once you start dealing with insurance, things can get confusing fast, especially in Louisiana.
One big reason? Louisiana uses something called comparative fault.
Let’s break that down in plain English.
What Is Comparative Fault?
Louisiana follows a “pure comparative fault” system. That means more than one person can chare responsibility for an accident, and your compensation gets reduced based on your percentage of fault.
Here’s a simple example:
- Your total damages: $100,000
- You’re found 20% at fault
- You can still recover $80,000
Even if you were partially responsible, you can still recover something. That’s different from some states where you get nothing if you’re even a little at fault.
Why Uber Accidents Are Moving Complicated
With a regular car accident, it’s usually just:
- Driver A
- Driver B
But with an Uber accident, you might have:
- The Uber driver
- Another driver
- Uber’s insurance policy
- Possibly even a third vehicle
That means fault can get split multiple ways, and fast.
Real-Life Example of Comparative Fault in an Uber Case
Let’s say you’re a passenger in an Uber in New Orleans.
- Your Uber driver is speeding → 30% at fault
- Another driver runs a red light → 70% at fault
You’re injured and your damages total $50,000.
Because you weren’t at fault, you could pursue the full amount, but who pays what depends on how fault is divided and which insurance policies apply.
Now let’s flip it:
- You weren’t wearing a seatbelt → you’re found 10% at fault
Now your recovery could drop to $45,000.
Can Passengers Be At Fault?
Surprisingly, yes—sometimes.
Passengers are usually not responsible, but insurance companies may argue things like:
- Not wearing a seatbelt
- Distracting the driver
- Getting into a clearly unsafe situation
Even small percentages of fault can reduce your payout.
How Insurance Fits Into All of This
Uber accidents also involve different insurance coverage levels, depending on what the driver was doing at the time:
- App off → driver’s personal insurance
- App on, waiting for a ride → limited Uber coverage
- On a trip → up to $1 million in coverage
When comparative fault gets layered on top of these policies, things can get messy quickly.
Why This Matters for Your Case
Insurance companies love comparative fault. Why?
Because it gives them a reason to reduce what they pay you.
They might argue:
- You were partially responsible
- Your injuries weren’t that serious
- Someone else should pay instead
The more fault they can shift onto you, the less they owe.
The Bottom Line
Louisiana’s comparative fault law means:
- You can still recover money—even if you were partially at fault
- But your compensation will be reduced by your percentage of fault
- And in Uber accidents, multiple parties can make things more complicated
Need Help After an Uber Accident?
If you were hurt in an Uber accident in Louisiana, it’s worth talking to a lawyer who understands both rideshare insurance and comparative fault laws.
At Cueria Law Injury Lawyers, we help clients sort through these complicated situations and fight to get them the compensation they deserve.
Reach out today for a free consultation.
